State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 121

* §  121.  Dangerous  dogs.  1.  Any person who witnesses an attack or  threatened attack, or in the case of a minor, an adult acting on  behalf  of  such  minor,  may make a complaint of an attack or threatened attack  upon a person, companion animal, farm animal as defined  in  subdivision  twenty-four  of section one hundred eight of this article, or a domestic  animal as defined in subdivision seven of section one hundred  eight  of  this  article  to  a  dog  control  officer  or  police  officer  of the  appropriate municipality. Such  officer  shall  immediately  inform  the  complainant  of  his  right  to  commence  a  proceeding  as provided in  subdivision two of this section and, if there is reason to  believe  the  dog  is  a  dangerous  dog,  the  officer  shall forthwith commence such  proceeding himself.    2. Any person who witnesses an attack or threatened attack, or in  the  case  of  a minor, an adult acting on behalf of such minor, may, and any  dog control officer or police officer as provided in subdivision one  of  this  section  shall,  make a complaint under oath or affirmation to any  municipal  judge  or  justice  of  such  attack  or  threatened  attack.  Thereupon,  the judge or justice shall immediately determine if there is  probable cause to believe the dog is a dangerous dog and, if  so,  shall  issue  an  order  to  any  dog  control  officer,  peace officer, acting  pursuant to his special duties, or police officer directing such officer  to immediately seize  such  dog  and  hold  the  same  pending  judicial  determination  as  provided in this section. Whether or not the judge or  justice finds there is probable cause for such seizure, he shall, within  five days and upon written notice of not less than two days to the owner  of the dog, hold a hearing on the complaint. The petitioner  shall  have  the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by  clear and convincing evidence. If satisfied that the dog is a  dangerous  dog,  the  judge or justice shall then order neutering or spaying of the  dog, microchipping of the dog and one or more of the following as deemed  appropriate under the circumstances and  as  deemed  necessary  for  the  protection of the public:    (a)  evaluation of the dog by a certified applied behaviorist, a board  certified veterinary behaviorist, or another recognized  expert  in  the  field   and   completion  of  training  or  other  treatment  as  deemed  appropriate by such expert. The owner of the dog  shall  be  responsible  for  all  costs  associated  with evaluations and training ordered under  this section;    (b) secure, humane confinement of the dog for a period of time and  in  a  manner  deemed  appropriate  by  the  court but in all instances in a  manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the  public  from  unauthorized  contact with the dog, and (3) to protect the  dog from the elements pursuant to section three hundred fifty-three-b of  this chapter. Such confinement shall  not  include  lengthy  periods  of  tying or chaining;    (c) restraint of the dog on a leash by an adult of at least twenty-one  years of age whenever the dog is on public premises;    (d)  muzzling  the  dog  whenever it is on public premises in a manner  that will prevent it from biting any person or animal,  but  that  shall  not injure the dog or interfere with its vision or respiration; or    (e)   maintenance  of  a  liability  insurance  policy  in  an  amount  determined by the court, but in  no  event  in  excess  of  one  hundred  thousand  dollars  for personal injury or death resulting from an attack  by such dangerous dog.    3. Upon a finding that a dog is dangerous, the judge  or  justice  may  order  humane  euthanasia  or permanent confinement of the dog if one of  the following aggravating circumstances is established at  the  judicial  hearing held pursuant to subdivision two of this section:(a)  the dog, without justification, attacked a person causing serious  physical injury or death; or    (b)  the dog has a known vicious propensity as evidenced by a previous  unjustified attack on a person, which caused serious physical injury  or  death; or    (c)  the dog, without justification, caused serious physical injury or  death to a companion animal, farm animal or domestic animal, and has, in  the past two years, caused unjustified physical injury  or  death  to  a  companion  or  farm  animal  as  evidenced  by a "dangerous dog" finding  pursuant to the provisions of this section.  An order of humane euthanasia shall not be carried out until  expiration  of  the  thirty  day  period  provided  for  in subdivision five of this  section for filing a notice of appeal, unless the owner of the  dog  has  indicated  to the judge in writing, his or her intention to waive his or  her right to appeal. Upon filing of a notice of appeal, the order  shall  be automatically stayed pending the outcome of the appeal.    4.  A  dog shall not be declared dangerous if the court determines the  conduct of the dog (a) was  justified  because  the  threat,  injury  or  damage  was sustained by a person who at the time was committing a crime  or offense upon the owner or custodian of the dog or upon  the  property  of  the  owner  or  custodian  of the dog; (b) was justified because the  injured, threatened or killed person was tormenting, abusing, assaulting  or physically threatening the dog or its offspring, or has in  the  past  tormented,  abused,  assaulted  or  physically threatened the dog or its  offspring; (c) was justified because the dog was responding to  pain  or  injury,  or  was protecting itself, its owner, custodian, or a member of  its household, its kennels or its offspring; or  was  justified  because  the  injured,  threatened  or  killed  companion  animal, farm animal or  domestic animal was attacking or threatening to attack the  dog  or  its  offspring.  Testimony  of  a  certified  applied  behaviorist,  a  board  certified veterinary behaviorist, or another recognized expert shall  be  relevant  to  the court's determination as to whether the dog's behavior  was justified pursuant to the provisions of this subdivision.    5. (a) The owner of a dog found to be a "dangerous  dog"  pursuant  to  this  section  may  appeal  such determination, and/or the court's order  concerning disposition of the dog to the court  having  jurisdiction  to  hear  civil  appeals in the county where the "dangerous dog" finding was  made. The owner shall commence such appeal by filing a notice of  appeal  with  the  appropriate  court  within  thirty  days  of  the final order  pursuant to this section. Court rules governing  civil  appeals  in  the  appropriate  jurisdiction  shall  govern  the  appeal of a determination  under this section.    (b) Upon filing a notice of appeal from an order of humane  euthanasia  pursuant  to  this  section,  such  order  shall be automatically stayed  pending final determination of any appeal. In all  other  circumstances,  the  owner  of the dog may make application to the court to issue a stay  of disposition pending determination of the appeal.    6. The owner of a dog who, through any act  or  omission,  negligently  permits  his  or  her  dog  to  bite a person, service dog, guide dog or  hearing dog causing physical injury shall be subject to a civil  penalty  not  to  exceed four hundred dollars in addition to any other applicable  penalties.    7. The owner of a dog who, through any act  or  omission,  negligently  permits  his or her dog to bite a person causing serious physical injury  shall be subject to a civil penalty not  to  exceed  one  thousand  five  hundred  dollars in addition to any other applicable penalties. Any such  penalty may be reduced by any amount which is paid as restitution by the  owner of the dog to the person or  persons  suffering  serious  physicalinjury  as compensation for unreimbursed medical expenses, lost earnings  and other damages resulting from such injury.    8.  The  owner  of a dog who, through any act or omission, negligently  permits his or her dog, which  had  previously  been  determined  to  be  dangerous  pursuant  to  this  article, to bite a person causing serious  physical injury, shall be guilty of a misdemeanor punishable by  a  fine  of  not more than three thousand dollars, or by a period of imprisonment  not to exceed ninety days, or by both  such  fine  and  imprisonment  in  addition to any other applicable penalties. Any such fine may be reduced  by  any  amount  which is paid as restitution by the owner of the dog to  the person or persons suffering serious physical injury as  compensation  for  unreimbursed  medical  expenses,  lost  earnings  and other damages  resulting from such injury.    9. If any dog, which had previously been  determined  by  a  judge  or  justice  to  be a dangerous dog, as defined in section one hundred eight  of this article, shall without justification kill or cause the death  of  any  person  who is peaceably conducting himself or herself in any place  where he or she may lawfully be, regardless of whether such dog  escapes  without  fault  of  the  owner,  the  owner shall be guilty of a class A  misdemeanor in addition to any other penalties.    10. The owner or lawful custodian of a dangerous dog shall, except  in  the  circumstances  enumerated  in  subdivisions four and eleven of this  section, be strictly liable for  medical  costs  resulting  from  injury  caused  by  such  dog  to  a  person,  companion  animal, farm animal or  domestic animal.    11. The owner shall not be liable pursuant to subdivision six,  seven,  eight,  nine  or ten of this section if the dog was coming to the aid or  defense of a person during the commission or attempted commission  of  a  murder, robbery, burglary, arson, rape in the first degree as defined in  subdivision  one  or  two  of  section 130.35 of the penal law, criminal  sexual act in the first degree as defined in subdivision one or  two  of  section  130.50  of  the  penal law or kidnapping within the dwelling or  upon the real property of the owner of the dog and the  dog  injured  or  killed the person committing such criminal activity.    12.  Nothing  contained  in  this  section shall limit or abrogate any  claim or cause of action any person who is  injured  by  a  dog  with  a  vicious disposition or a vicious propensity may have under common law or  by  statute. The provisions of this section shall be in addition to such  common law and statutory remedies.    13. Nothing contained in this section shall restrict  the  rights  and  powers  derived  from the provisions of title four of article twenty-one  of the public health law relating to rabies and any rule and  regulation  adopted pursuant thereto.    14.  Persons  owning,  possessing  or  harboring  dangerous dogs shall  report the presence of such  dangerous  dogs  pursuant  to  section  two  hundred nine-cc of the general municipal law.    * NB Effective until January 1, 2011    * § 121. Night  quarantine.  1. The governing body of any municipality  may at any time by order require that  all  dogs  in  such  municipality  shall  be  securely  confined  between sunset and one hour after sunrise  during the period of time designated in the order, or, if no time is  so  designated, until the order is revoked.    2.  Notice  of such order shall be given by publication in a newspaper  or newspapers of general circulation in said municipality which shall be  designated by such governing body and by filing a copy of the  order  in  the office of each clerk in the area affected by such order.    3.  Any  dog  control  officer,  peace officer, acting pursuant to his  special duties, or police officer shall destroy or  seize  any  dog  notconfined  as  required  by  such  order,  and no liability in damages or  otherwise shall be incurred on account of such destruction  or  seizure.  Any  dog  so  seized  shall  be subject to the provisions of section one  hundred  eighteen  of  this  article. A dog shall not be deemed to be in  violation of such order if accompanied by and under the full control  of  the owner.    * NB Effective January 1, 2011

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 121

* §  121.  Dangerous  dogs.  1.  Any person who witnesses an attack or  threatened attack, or in the case of a minor, an adult acting on  behalf  of  such  minor,  may make a complaint of an attack or threatened attack  upon a person, companion animal, farm animal as defined  in  subdivision  twenty-four  of section one hundred eight of this article, or a domestic  animal as defined in subdivision seven of section one hundred  eight  of  this  article  to  a  dog  control  officer  or  police  officer  of the  appropriate municipality. Such  officer  shall  immediately  inform  the  complainant  of  his  right  to  commence  a  proceeding  as provided in  subdivision two of this section and, if there is reason to  believe  the  dog  is  a  dangerous  dog,  the  officer  shall forthwith commence such  proceeding himself.    2. Any person who witnesses an attack or threatened attack, or in  the  case  of  a minor, an adult acting on behalf of such minor, may, and any  dog control officer or police officer as provided in subdivision one  of  this  section  shall,  make a complaint under oath or affirmation to any  municipal  judge  or  justice  of  such  attack  or  threatened  attack.  Thereupon,  the judge or justice shall immediately determine if there is  probable cause to believe the dog is a dangerous dog and, if  so,  shall  issue  an  order  to  any  dog  control  officer,  peace officer, acting  pursuant to his special duties, or police officer directing such officer  to immediately seize  such  dog  and  hold  the  same  pending  judicial  determination  as  provided in this section. Whether or not the judge or  justice finds there is probable cause for such seizure, he shall, within  five days and upon written notice of not less than two days to the owner  of the dog, hold a hearing on the complaint. The petitioner  shall  have  the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by  clear and convincing evidence. If satisfied that the dog is a  dangerous  dog,  the  judge or justice shall then order neutering or spaying of the  dog, microchipping of the dog and one or more of the following as deemed  appropriate under the circumstances and  as  deemed  necessary  for  the  protection of the public:    (a)  evaluation of the dog by a certified applied behaviorist, a board  certified veterinary behaviorist, or another recognized  expert  in  the  field   and   completion  of  training  or  other  treatment  as  deemed  appropriate by such expert. The owner of the dog  shall  be  responsible  for  all  costs  associated  with evaluations and training ordered under  this section;    (b) secure, humane confinement of the dog for a period of time and  in  a  manner  deemed  appropriate  by  the  court but in all instances in a  manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the  public  from  unauthorized  contact with the dog, and (3) to protect the  dog from the elements pursuant to section three hundred fifty-three-b of  this chapter. Such confinement shall  not  include  lengthy  periods  of  tying or chaining;    (c) restraint of the dog on a leash by an adult of at least twenty-one  years of age whenever the dog is on public premises;    (d)  muzzling  the  dog  whenever it is on public premises in a manner  that will prevent it from biting any person or animal,  but  that  shall  not injure the dog or interfere with its vision or respiration; or    (e)   maintenance  of  a  liability  insurance  policy  in  an  amount  determined by the court, but in  no  event  in  excess  of  one  hundred  thousand  dollars  for personal injury or death resulting from an attack  by such dangerous dog.    3. Upon a finding that a dog is dangerous, the judge  or  justice  may  order  humane  euthanasia  or permanent confinement of the dog if one of  the following aggravating circumstances is established at  the  judicial  hearing held pursuant to subdivision two of this section:(a)  the dog, without justification, attacked a person causing serious  physical injury or death; or    (b)  the dog has a known vicious propensity as evidenced by a previous  unjustified attack on a person, which caused serious physical injury  or  death; or    (c)  the dog, without justification, caused serious physical injury or  death to a companion animal, farm animal or domestic animal, and has, in  the past two years, caused unjustified physical injury  or  death  to  a  companion  or  farm  animal  as  evidenced  by a "dangerous dog" finding  pursuant to the provisions of this section.  An order of humane euthanasia shall not be carried out until  expiration  of  the  thirty  day  period  provided  for  in subdivision five of this  section for filing a notice of appeal, unless the owner of the  dog  has  indicated  to the judge in writing, his or her intention to waive his or  her right to appeal. Upon filing of a notice of appeal, the order  shall  be automatically stayed pending the outcome of the appeal.    4.  A  dog shall not be declared dangerous if the court determines the  conduct of the dog (a) was  justified  because  the  threat,  injury  or  damage  was sustained by a person who at the time was committing a crime  or offense upon the owner or custodian of the dog or upon  the  property  of  the  owner  or  custodian  of the dog; (b) was justified because the  injured, threatened or killed person was tormenting, abusing, assaulting  or physically threatening the dog or its offspring, or has in  the  past  tormented,  abused,  assaulted  or  physically threatened the dog or its  offspring; (c) was justified because the dog was responding to  pain  or  injury,  or  was protecting itself, its owner, custodian, or a member of  its household, its kennels or its offspring; or  was  justified  because  the  injured,  threatened  or  killed  companion  animal, farm animal or  domestic animal was attacking or threatening to attack the  dog  or  its  offspring.  Testimony  of  a  certified  applied  behaviorist,  a  board  certified veterinary behaviorist, or another recognized expert shall  be  relevant  to  the court's determination as to whether the dog's behavior  was justified pursuant to the provisions of this subdivision.    5. (a) The owner of a dog found to be a "dangerous  dog"  pursuant  to  this  section  may  appeal  such determination, and/or the court's order  concerning disposition of the dog to the court  having  jurisdiction  to  hear  civil  appeals in the county where the "dangerous dog" finding was  made. The owner shall commence such appeal by filing a notice of  appeal  with  the  appropriate  court  within  thirty  days  of  the final order  pursuant to this section. Court rules governing  civil  appeals  in  the  appropriate  jurisdiction  shall  govern  the  appeal of a determination  under this section.    (b) Upon filing a notice of appeal from an order of humane  euthanasia  pursuant  to  this  section,  such  order  shall be automatically stayed  pending final determination of any appeal. In all  other  circumstances,  the  owner  of the dog may make application to the court to issue a stay  of disposition pending determination of the appeal.    6. The owner of a dog who, through any act  or  omission,  negligently  permits  his  or  her  dog  to  bite a person, service dog, guide dog or  hearing dog causing physical injury shall be subject to a civil  penalty  not  to  exceed four hundred dollars in addition to any other applicable  penalties.    7. The owner of a dog who, through any act  or  omission,  negligently  permits  his or her dog to bite a person causing serious physical injury  shall be subject to a civil penalty not  to  exceed  one  thousand  five  hundred  dollars in addition to any other applicable penalties. Any such  penalty may be reduced by any amount which is paid as restitution by the  owner of the dog to the person or  persons  suffering  serious  physicalinjury  as compensation for unreimbursed medical expenses, lost earnings  and other damages resulting from such injury.    8.  The  owner  of a dog who, through any act or omission, negligently  permits his or her dog, which  had  previously  been  determined  to  be  dangerous  pursuant  to  this  article, to bite a person causing serious  physical injury, shall be guilty of a misdemeanor punishable by  a  fine  of  not more than three thousand dollars, or by a period of imprisonment  not to exceed ninety days, or by both  such  fine  and  imprisonment  in  addition to any other applicable penalties. Any such fine may be reduced  by  any  amount  which is paid as restitution by the owner of the dog to  the person or persons suffering serious physical injury as  compensation  for  unreimbursed  medical  expenses,  lost  earnings  and other damages  resulting from such injury.    9. If any dog, which had previously been  determined  by  a  judge  or  justice  to  be a dangerous dog, as defined in section one hundred eight  of this article, shall without justification kill or cause the death  of  any  person  who is peaceably conducting himself or herself in any place  where he or she may lawfully be, regardless of whether such dog  escapes  without  fault  of  the  owner,  the  owner shall be guilty of a class A  misdemeanor in addition to any other penalties.    10. The owner or lawful custodian of a dangerous dog shall, except  in  the  circumstances  enumerated  in  subdivisions four and eleven of this  section, be strictly liable for  medical  costs  resulting  from  injury  caused  by  such  dog  to  a  person,  companion  animal, farm animal or  domestic animal.    11. The owner shall not be liable pursuant to subdivision six,  seven,  eight,  nine  or ten of this section if the dog was coming to the aid or  defense of a person during the commission or attempted commission  of  a  murder, robbery, burglary, arson, rape in the first degree as defined in  subdivision  one  or  two  of  section 130.35 of the penal law, criminal  sexual act in the first degree as defined in subdivision one or  two  of  section  130.50  of  the  penal law or kidnapping within the dwelling or  upon the real property of the owner of the dog and the  dog  injured  or  killed the person committing such criminal activity.    12.  Nothing  contained  in  this  section shall limit or abrogate any  claim or cause of action any person who is  injured  by  a  dog  with  a  vicious disposition or a vicious propensity may have under common law or  by  statute. The provisions of this section shall be in addition to such  common law and statutory remedies.    13. Nothing contained in this section shall restrict  the  rights  and  powers  derived  from the provisions of title four of article twenty-one  of the public health law relating to rabies and any rule and  regulation  adopted pursuant thereto.    14.  Persons  owning,  possessing  or  harboring  dangerous dogs shall  report the presence of such  dangerous  dogs  pursuant  to  section  two  hundred nine-cc of the general municipal law.    * NB Effective until January 1, 2011    * § 121. Night  quarantine.  1. The governing body of any municipality  may at any time by order require that  all  dogs  in  such  municipality  shall  be  securely  confined  between sunset and one hour after sunrise  during the period of time designated in the order, or, if no time is  so  designated, until the order is revoked.    2.  Notice  of such order shall be given by publication in a newspaper  or newspapers of general circulation in said municipality which shall be  designated by such governing body and by filing a copy of the  order  in  the office of each clerk in the area affected by such order.    3.  Any  dog  control  officer,  peace officer, acting pursuant to his  special duties, or police officer shall destroy or  seize  any  dog  notconfined  as  required  by  such  order,  and no liability in damages or  otherwise shall be incurred on account of such destruction  or  seizure.  Any  dog  so  seized  shall  be subject to the provisions of section one  hundred  eighteen  of  this  article. A dog shall not be deemed to be in  violation of such order if accompanied by and under the full control  of  the owner.    * NB Effective January 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 121

* §  121.  Dangerous  dogs.  1.  Any person who witnesses an attack or  threatened attack, or in the case of a minor, an adult acting on  behalf  of  such  minor,  may make a complaint of an attack or threatened attack  upon a person, companion animal, farm animal as defined  in  subdivision  twenty-four  of section one hundred eight of this article, or a domestic  animal as defined in subdivision seven of section one hundred  eight  of  this  article  to  a  dog  control  officer  or  police  officer  of the  appropriate municipality. Such  officer  shall  immediately  inform  the  complainant  of  his  right  to  commence  a  proceeding  as provided in  subdivision two of this section and, if there is reason to  believe  the  dog  is  a  dangerous  dog,  the  officer  shall forthwith commence such  proceeding himself.    2. Any person who witnesses an attack or threatened attack, or in  the  case  of  a minor, an adult acting on behalf of such minor, may, and any  dog control officer or police officer as provided in subdivision one  of  this  section  shall,  make a complaint under oath or affirmation to any  municipal  judge  or  justice  of  such  attack  or  threatened  attack.  Thereupon,  the judge or justice shall immediately determine if there is  probable cause to believe the dog is a dangerous dog and, if  so,  shall  issue  an  order  to  any  dog  control  officer,  peace officer, acting  pursuant to his special duties, or police officer directing such officer  to immediately seize  such  dog  and  hold  the  same  pending  judicial  determination  as  provided in this section. Whether or not the judge or  justice finds there is probable cause for such seizure, he shall, within  five days and upon written notice of not less than two days to the owner  of the dog, hold a hearing on the complaint. The petitioner  shall  have  the  burden  at  such  hearing  to prove the dog is a "dangerous dog" by  clear and convincing evidence. If satisfied that the dog is a  dangerous  dog,  the  judge or justice shall then order neutering or spaying of the  dog, microchipping of the dog and one or more of the following as deemed  appropriate under the circumstances and  as  deemed  necessary  for  the  protection of the public:    (a)  evaluation of the dog by a certified applied behaviorist, a board  certified veterinary behaviorist, or another recognized  expert  in  the  field   and   completion  of  training  or  other  treatment  as  deemed  appropriate by such expert. The owner of the dog  shall  be  responsible  for  all  costs  associated  with evaluations and training ordered under  this section;    (b) secure, humane confinement of the dog for a period of time and  in  a  manner  deemed  appropriate  by  the  court but in all instances in a  manner designed to: (1) prevent escape  of  the  dog,  (2)  protect  the  public  from  unauthorized  contact with the dog, and (3) to protect the  dog from the elements pursuant to section three hundred fifty-three-b of  this chapter. Such confinement shall  not  include  lengthy  periods  of  tying or chaining;    (c) restraint of the dog on a leash by an adult of at least twenty-one  years of age whenever the dog is on public premises;    (d)  muzzling  the  dog  whenever it is on public premises in a manner  that will prevent it from biting any person or animal,  but  that  shall  not injure the dog or interfere with its vision or respiration; or    (e)   maintenance  of  a  liability  insurance  policy  in  an  amount  determined by the court, but in  no  event  in  excess  of  one  hundred  thousand  dollars  for personal injury or death resulting from an attack  by such dangerous dog.    3. Upon a finding that a dog is dangerous, the judge  or  justice  may  order  humane  euthanasia  or permanent confinement of the dog if one of  the following aggravating circumstances is established at  the  judicial  hearing held pursuant to subdivision two of this section:(a)  the dog, without justification, attacked a person causing serious  physical injury or death; or    (b)  the dog has a known vicious propensity as evidenced by a previous  unjustified attack on a person, which caused serious physical injury  or  death; or    (c)  the dog, without justification, caused serious physical injury or  death to a companion animal, farm animal or domestic animal, and has, in  the past two years, caused unjustified physical injury  or  death  to  a  companion  or  farm  animal  as  evidenced  by a "dangerous dog" finding  pursuant to the provisions of this section.  An order of humane euthanasia shall not be carried out until  expiration  of  the  thirty  day  period  provided  for  in subdivision five of this  section for filing a notice of appeal, unless the owner of the  dog  has  indicated  to the judge in writing, his or her intention to waive his or  her right to appeal. Upon filing of a notice of appeal, the order  shall  be automatically stayed pending the outcome of the appeal.    4.  A  dog shall not be declared dangerous if the court determines the  conduct of the dog (a) was  justified  because  the  threat,  injury  or  damage  was sustained by a person who at the time was committing a crime  or offense upon the owner or custodian of the dog or upon  the  property  of  the  owner  or  custodian  of the dog; (b) was justified because the  injured, threatened or killed person was tormenting, abusing, assaulting  or physically threatening the dog or its offspring, or has in  the  past  tormented,  abused,  assaulted  or  physically threatened the dog or its  offspring; (c) was justified because the dog was responding to  pain  or  injury,  or  was protecting itself, its owner, custodian, or a member of  its household, its kennels or its offspring; or  was  justified  because  the  injured,  threatened  or  killed  companion  animal, farm animal or  domestic animal was attacking or threatening to attack the  dog  or  its  offspring.  Testimony  of  a  certified  applied  behaviorist,  a  board  certified veterinary behaviorist, or another recognized expert shall  be  relevant  to  the court's determination as to whether the dog's behavior  was justified pursuant to the provisions of this subdivision.    5. (a) The owner of a dog found to be a "dangerous  dog"  pursuant  to  this  section  may  appeal  such determination, and/or the court's order  concerning disposition of the dog to the court  having  jurisdiction  to  hear  civil  appeals in the county where the "dangerous dog" finding was  made. The owner shall commence such appeal by filing a notice of  appeal  with  the  appropriate  court  within  thirty  days  of  the final order  pursuant to this section. Court rules governing  civil  appeals  in  the  appropriate  jurisdiction  shall  govern  the  appeal of a determination  under this section.    (b) Upon filing a notice of appeal from an order of humane  euthanasia  pursuant  to  this  section,  such  order  shall be automatically stayed  pending final determination of any appeal. In all  other  circumstances,  the  owner  of the dog may make application to the court to issue a stay  of disposition pending determination of the appeal.    6. The owner of a dog who, through any act  or  omission,  negligently  permits  his  or  her  dog  to  bite a person, service dog, guide dog or  hearing dog causing physical injury shall be subject to a civil  penalty  not  to  exceed four hundred dollars in addition to any other applicable  penalties.    7. The owner of a dog who, through any act  or  omission,  negligently  permits  his or her dog to bite a person causing serious physical injury  shall be subject to a civil penalty not  to  exceed  one  thousand  five  hundred  dollars in addition to any other applicable penalties. Any such  penalty may be reduced by any amount which is paid as restitution by the  owner of the dog to the person or  persons  suffering  serious  physicalinjury  as compensation for unreimbursed medical expenses, lost earnings  and other damages resulting from such injury.    8.  The  owner  of a dog who, through any act or omission, negligently  permits his or her dog, which  had  previously  been  determined  to  be  dangerous  pursuant  to  this  article, to bite a person causing serious  physical injury, shall be guilty of a misdemeanor punishable by  a  fine  of  not more than three thousand dollars, or by a period of imprisonment  not to exceed ninety days, or by both  such  fine  and  imprisonment  in  addition to any other applicable penalties. Any such fine may be reduced  by  any  amount  which is paid as restitution by the owner of the dog to  the person or persons suffering serious physical injury as  compensation  for  unreimbursed  medical  expenses,  lost  earnings  and other damages  resulting from such injury.    9. If any dog, which had previously been  determined  by  a  judge  or  justice  to  be a dangerous dog, as defined in section one hundred eight  of this article, shall without justification kill or cause the death  of  any  person  who is peaceably conducting himself or herself in any place  where he or she may lawfully be, regardless of whether such dog  escapes  without  fault  of  the  owner,  the  owner shall be guilty of a class A  misdemeanor in addition to any other penalties.    10. The owner or lawful custodian of a dangerous dog shall, except  in  the  circumstances  enumerated  in  subdivisions four and eleven of this  section, be strictly liable for  medical  costs  resulting  from  injury  caused  by  such  dog  to  a  person,  companion  animal, farm animal or  domestic animal.    11. The owner shall not be liable pursuant to subdivision six,  seven,  eight,  nine  or ten of this section if the dog was coming to the aid or  defense of a person during the commission or attempted commission  of  a  murder, robbery, burglary, arson, rape in the first degree as defined in  subdivision  one  or  two  of  section 130.35 of the penal law, criminal  sexual act in the first degree as defined in subdivision one or  two  of  section  130.50  of  the  penal law or kidnapping within the dwelling or  upon the real property of the owner of the dog and the  dog  injured  or  killed the person committing such criminal activity.    12.  Nothing  contained  in  this  section shall limit or abrogate any  claim or cause of action any person who is  injured  by  a  dog  with  a  vicious disposition or a vicious propensity may have under common law or  by  statute. The provisions of this section shall be in addition to such  common law and statutory remedies.    13. Nothing contained in this section shall restrict  the  rights  and  powers  derived  from the provisions of title four of article twenty-one  of the public health law relating to rabies and any rule and  regulation  adopted pursuant thereto.    14.  Persons  owning,  possessing  or  harboring  dangerous dogs shall  report the presence of such  dangerous  dogs  pursuant  to  section  two  hundred nine-cc of the general municipal law.    * NB Effective until January 1, 2011    * § 121. Night  quarantine.  1. The governing body of any municipality  may at any time by order require that  all  dogs  in  such  municipality  shall  be  securely  confined  between sunset and one hour after sunrise  during the period of time designated in the order, or, if no time is  so  designated, until the order is revoked.    2.  Notice  of such order shall be given by publication in a newspaper  or newspapers of general circulation in said municipality which shall be  designated by such governing body and by filing a copy of the  order  in  the office of each clerk in the area affected by such order.    3.  Any  dog  control  officer,  peace officer, acting pursuant to his  special duties, or police officer shall destroy or  seize  any  dog  notconfined  as  required  by  such  order,  and no liability in damages or  otherwise shall be incurred on account of such destruction  or  seizure.  Any  dog  so  seized  shall  be subject to the provisions of section one  hundred  eighteen  of  this  article. A dog shall not be deemed to be in  violation of such order if accompanied by and under the full control  of  the owner.    * NB Effective January 1, 2011