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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.
The commissioner, within ninety days of the effective date of this subchapter and with the advice of the advisory board hereinafter established, shall promulgate such regulations as are necessary to carry out the provisions of this subchapter and to promote the health, safety and well-being of the public.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
(Repealed L.L. 2023/068, 5/29/2023, eff. 6/28/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
a. Any person who violates any provision of this subchapter or any of the regulations promulgated hereunder shall be guilty of a misdemeanor punishable by a fine or not less than five hundred nor more than five thousand dollars or by imprisonment for not more than one year, or both.
b. In addition to the penalties prescribed by subdivision a of this section, any person who violates any of the provisions of this subchapter or any rule or regulation promulgated hereunder shall be liable for a civil penalty of not less than five hundred nor more than five thousand dollars.
c. Any fine or penalty assessed pursuant to this section 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.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
Authorized officers, veterinarians and employees of the department, and of the police department, and any other persons designated by the commissioner, shall be empowered to enforce the provisions of this subchapter or any rule or regulation promulgated hereunder.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
The provisions of this subchapter shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals or any law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
The provisions of this subchapter shall not apply to any federal, state or city law enforcement agency.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/002.
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