Add §§123-c - 123-g, amd §123, Ag & Mkts L; add §§17-349 - 17-349-d, 14-167-a, 17-820 & 18-166, amd §§17-344,
17-345, 17-346, 17-351 & 14-182, NYC Ad Cd
Enacts "Penny's law" to create the offenses of negligent handling of a dog and reckless handling of a dog; codifies the requirement that dogs be restrained in New York city; requires signage in parks that all dogs must be restrained.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8462B
SPONSOR: Rajkumar TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to creating
the offenses of negligent handling of a dog and reckless handling of a
dog, and to amend the administrative code of the city of New York, in
relation to the requirement that dogs be restrained, adding additional
offenses and penalties for negligent and reckless handling of dogs, and
requiring signage at all parks that dogs must be restrained unless
otherwise noted
PURPOSE OR GENERAL IDEA OF BILL:
To establish offenses related to negligent and reckless handling of a
dog, codify existing rules in the city of New York on the restraining of
dogs, and require signage in parks of relevant laws and regulations.
SUMMARY OF PROVISIONS:
Section 1. Bill title
Section 2. The agriculture and markets law is amended by adding five new
sections 123-c, 123-d, 123-e, 123-f, and 123-g creating the offenseS of
negligent handling of a dog, reckless handling of a dog, and leaving the
scene of injury to companion animals without reporting.
Section 3. Subdivisions 6, 7, 8, and 9 of section 123 of the agriculture
and markets law, such section as renumbered by section 18 of part T of
chapter 59 of the laws of 2010, subdivisions 6 and 9 as amended by chap-
ter 392 of the laws of 2004, and subdivisions 7 and 8 as amended by
chapter 526 of the laws of 2005, are amended to reference the new
sections provided for in Section 2, and to clarify liability.
Section 4. The opening paragraph of subdivision 2 and subdivisions 6, 7,
8, and 9 of section 123 of the agriculture and markets law, the opening
paragraph of subdivision 2 as amended and such section as renumbered by
section 18 of part T of chapter 59 of the laws of 2010, subdivisions 6
and 9 as amended by chapter 392 of the laws of 2004, and subdivisions 7
and 8 as amended by chapter 526 of the laws of 2005, are amended to
state that the municipality shall alter a dog declared dangerous before
return to its owner at no cost to such owner, and amend languasge to
reference new sections.
Section 5. Section 123 of the agriculture and markets law is amended by
adding a new subdivision 15 providing for suspending dog license eligi-
bility.
Section 6. The administrative code of the city of New York is amended by
adding five new sections 17-349, 17-349-a, 17-349-b, 17-349-c and
17-349-d to establish crimes for the city of New York.
Section 7. Section 17-344 of the. administrative code of the city of New
York, as added by local law number 2 of the city of New York for the
year 1991, .is amended to add that a judge may order humane destruction
of a dog that causes severe injury or death to a companion animal.
Section 8. The administrative code of the city of New York is amended by
adding a new section 14-167-a saying the department shall accept danger-
ous dog reports.
Section 9. The administrative code of the city of New York is amended by
adding a new section 17-820 codifying leashing rules provided for in §
161.05 of the rules of the city of New York.
Section 10. Section 17-345 of the administrative code of the city of New
York, as added by local law number 2 of the city of New York for the
year 1991, is amended to say the commissioner shall handle dangerous dog
reports, provide community notification, amend liability, and authorize
transfer of ownership of a dog.
Section 11. Subdivision a of section 17-346 of the administrative code
of the city of New York, as added by local law number 2 of the city of
New York for the year 1991, is amended to require confiscation of a dog
and add injury to companion animals.
§ 12. Section 17-351 of the administrative code of the city of New York,
as added by local law number 2 of the city of New York for the year
1991, is amended to say the police shall accept dangerous dog
complaints.
§ 13. Subdivision a of section 14-182 of the administrative code of.
the city of New York, as added by local law number 205 of the city of
New York for the year 2019, is amended to add the new crimes to the
definition of animal cruelty.
Section 14. The administrative code of the city of New York is amended
by adding a new section 18-166 requiring leash law signage.
Section 15. Severability clause.
Section 16. Effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B-print provides for altering dogs declared dangerous before being
returned'to owner, applies laws to the city of New York, and clarifies
processes to accept dangerous dog complaints.
JUSTIFICATION:
Some owners of reactive dogs allow their dogs to attack other dogs, some
fatally, as well as people and other animals. Many such Owners allow
dogs to attack frequently, dismissing the behavior as "playing" or "just
being a dog." Fueling these attacks are ubiquitous dog owners who let
dogs off leash in violation of local laws, rules, or regulations. Such
violations are especially prevalent in parks, where there are often
misconceptions about permissible areas and times for off leash dogs.
This negligent handling also results in dogs running away, being struck
by motor vehicles, and suffering injuries when approaching reactive dogs
that are properly restrained.
Currently, a handler allowing a dog to attack or even kill a dog is
generally not a crime unless humans are directly involved, as the dogs
are considered "property." Tragically, dog owners often do not learn
this until after their beloved pet is injured or killed, adding to their
pain when they realize they may have no legal recourse.
Penny's Law corrects for this glaring injustice by establishing crimes
of negligent handling of dogs; reckless handling of dogs that results in
injury or death of pets or humans; and leaving the scene of such an
attack without reporting. It also provides new tools related to existing
procedureS for declaring a dog dangerous, requires more conspicuous
signage in parks in the city of New York relating to leash laws, and
codifies in statute § 161.05 of the Rules of the City of New York
related to leashing.
The bill is named for Penny, a chihuahua mix that was hospitalized when
the owners of two pitbulls on the Upper West Side of Manhattan allowed
their dogs to attack her. One of the owners is believed to have allowed
the dogs to kill a dog in Central Park earlier in the year, while the
pitbulls were illegally off leash. On both occasions the owners fled the
scene.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that section six of this act shall take
effect one year after it shall have become a law.
