State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 123

* § 123. 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  not  confined  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 until January 1, 2011    * § 123. 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  as defined in section three hundred  fifty of this chapter, farm animal as  defined  in  such  section  three  hundred  fifty,  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 or her  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 or herself.    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 or her 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 or she 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  amanner  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  theappropriate  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 physical  injury 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 January 1, 2011

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 123

* § 123. 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  not  confined  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 until January 1, 2011    * § 123. 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  as defined in section three hundred  fifty of this chapter, farm animal as  defined  in  such  section  three  hundred  fifty,  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 or her  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 or herself.    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 or her 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 or she 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  amanner  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  theappropriate  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 physical  injury 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 January 1, 2011

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Agm > Article-7 > 123

* § 123. 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  not  confined  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 until January 1, 2011    * § 123. 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  as defined in section three hundred  fifty of this chapter, farm animal as  defined  in  such  section  three  hundred  fifty,  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 or her  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 or herself.    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 or her 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 or she 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  amanner  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  theappropriate  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 physical  injury 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 January 1, 2011