Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 17-347?

Quick Answer

This section outlines circumstances under which a dog cannot be declared dangerous, including when the person was committing a willful trespass or tormenting the dog. The statute specifies conditions for determining a dog's behavior in response to threats or injury. Applies to dog owners facing potential dangerous dog declarations.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 17-347 Excused behavior.

AC § 17-347

No dog shall be declared dangerous pursuant to § 17-345 if the threat, injury, or damage caused by such dog was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. Nor shall any dog be declared dangerous if it was responding to pain or injury, or was protecting itself, its kennels, or its offspring. If the trespass is determined to be of an innocent nature, the commissioner may, depending on the circumstances, and in accordance with the procedures set forth in section 17-345, find the dog to be dangerous. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters