N.Y. Agriculture & Markets Law § 108: Definitions

§ 108. Definitions. As used in this article, unless otherwise

expressly stated or unless the context or subject matter requires

otherwise:

1. "Adoption" means the delivery to any natural person eighteen years

of age or older, for the limited purpose of harboring a pet, of any dog,

seized or surrendered, or any cat.

3. "Clerk" means the clerk of any county, town, city or village where

licenses are validated or issued pursuant to this article.

4. "Commissioner" means the state commissioner of agriculture and

markets.

5. "Dog" means any member of the species canis familiaris.

6. "Dog control officer" means any individual appointed by a

municipality to assist in the enforcement of this article or any

authorized officer, agent or employee of an incorporated humane society

or similar incorporated dog protective association under contract with a

municipality to assist in the enforcement of this article.

7. "Domestic animal" means any domesticated sheep, horse, cattle,

fallow deer, red deer, sika deer, whitetail deer which is raised under

license from the department of environmental conservation, llama, goat,

swine, fowl, duck, goose, swan, turkey, confined domestic hare or

rabbit, pheasant or other bird which is raised in confinement under

license from the state department of environmental conservation before

release from captivity, except that the varieties of fowl commonly used

for cock fights shall not be considered domestic animals for the

purposes of this article.

8. "Euthanize" means to bring about death by a humane method.

9. "Guide dog" means any dog that is trained to aid a person who is

blind and is actually used for such purpose, or any dog during the

period such dog is being trained or bred for such purpose.

10. "Harbor" means to provide food or shelter to any dog.

11. "Identification tag" means a tag issued by the licensing

municipality which sets forth an identification number, together with

the name of the municipality, the state of New York, contact

information, including telephone number, for the municipality and such

other information as the licensing municipality deems appropriate.

12. "Identified dog" means any dog carrying an identification tag as

provided in section one hundred eleven of this article.

13. "Municipality" means any county, town, city and village.

15. "Owner" means any person who harbors or keeps any dog.

16. "Owner of record" means the person in whose name any dog was last

licensed pursuant to this article, except that if any license is issued

on application of a person under eighteen years of age, the owner of

record shall be deemed to be the parent or guardian of such person. If

it cannot be determined in whose name any dog was last licensed or if

the owner of record has filed a statement pursuant to the provisions of

section one hundred twelve of this article, the owner shall be deemed to

be the owner of record of such dog, except that if the owner is under

eighteen years of age, the owner of record shall be deemed to be the

parent or guardian of such person.

17. "Person" means any individual, corporation, partnership,

association or other organized group of persons, municipality, or other

legal entity.

18. "Police work dog" means any dog owned or harbored by any state or

municipal police department or any state or federal law enforcement

agency, which has been trained to aid law enforcement officers and is

actually being used for police work purposes.

19. "Recognized registry association" means any registry association

that operates on a nationwide basis and issues numbered registration

certificates.

20. "War dog" means any dog which has been honorably discharged from

the United States armed services.

21. "Hearing dog" means any dog that is trained to aid a person who is

deaf or hard of hearing and is actually used for such purpose, or any

dog during the period such dog is being trained or bred for such

purpose.

22. "Service dog" means any dog that has been or is being individually

trained to do work or perform tasks for the benefit of a person with a

disability.

23. "Person with a disability" means any person with a disability as

that term is defined in subdivision twenty-one of section two hundred

ninety-two of the executive law.

24. (a) "Dangerous dog" means any dog which (i) without justification

attacks a person, companion animal as defined in subdivision five of

section three hundred fifty of this chapter, farm animal as defined in

subdivision four of section three hundred fifty of this chapter or

domestic animal as defined in subdivision seven of this section and

causes physical injury or death, or (ii) behaves in a manner which a

reasonable person would believe poses a serious and unjustified imminent

threat of serious physical injury or death to one or more persons,

companion animals, farm animals or domestic animals or (iii) without

justification attacks a service dog, guide dog or hearing dog and causes

physical injury or death.

(b) "Dangerous dog" does not include a police work dog, as defined in

subdivision eighteen of this section, which acts in the manner described

in this paragraph while such police work dog is being used to assist one

or more law enforcement officers in the performance of their official

duties.

25. "Working search dog" means any dog that is trained to aid in the

search for missing persons and is actually used for such purpose.

26. "Therapy dog" means any dog that is trained to aid the emotional

and physical health of patients in hospitals, nursing homes, retirement

homes and other settings and is actually used for such purpose, or any

dog during the period such dog is being trained or bred for such

purpose, and does not qualify under federal or state law or regulations

as a service dog.

27. "Detection dog" means any dog that is trained and is actually used

for such purposes or is undergoing training to be used for the purpose

of detecting controlled substances, explosives, ignitable liquids,

firearms, cadavers, or school or correctional facility contraband.

28. "Physical injury" means impairment of physical condition or

substantial pain.

29. "Serious physical injury" means physical injury which creates a

substantial risk of death, or which causes death or serious or

protracted disfigurement, protracted impairment of health or protracted

loss or impairment of the function of any bodily organ.