N.Y. Agriculture & Markets Law § 117: Seizure of dogs; redemption periods; impoundment fees; adoption

§ 117. Seizure of dogs; redemption periods; impoundment fees;

adoption. 1. Any dog control officer or peace officer, acting pursuant

to his special duties, or police officer in the employ of or under

contract to a municipality shall seize:

(a) any dog which is not identified and which is not on the owner's

premises;

(b) any dog which is not licensed, whether on or off the owner's

premises;

(c) any licensed dog which is not in the control of its owner or

custodian or not on the premises of the dog's owner or custodian, if

there is probable cause to believe the dog is dangerous; and

(d) any dog which poses an immediate threat to the public safety.

Promptly upon seizure the dog control officer shall commence a

proceeding as provided for in subdivision two of section one hundred

twenty-three of this article.

1-a. Notwithstanding the seizure requirements provided in subdivision

one of this section, dog control officer or peace officer, acting

pursuant to his or her special duties, or police officer in the employ

of or under contract to a municipality may, if there is no probable

cause to believe the dog is dangerous, return any dog with a current

license directly to the dog's owner or custodian of record at the

address provided on such dog's license.

2. Any dog control officer or peace officer, acting pursuant to his

special duties, or police officer in the employ of or under contract to

a municipality may seize any dog in violation of any local law or

ordinance relating to the control of dogs, adopted by any municipality

pursuant to the provisions of this article.

3. Each dog seized in accordance with the provisions of this article

shall be properly sheltered, fed and watered for the redemption period

as hereinafter provided.

4. Each dog which is not identified, whether or not licensed, shall be

held for a period of five days from the day seized during which period

the dog may be redeemed by its owner, provided that such owner produces

proof that the dog has been licensed and has been identified pursuant to

the provisions of this article and further provided that the owner pays

the following impoundment fees:

(a) not less than ten dollars for the first impoundment of any dog

owned by that person;

(b) not less than twenty dollars for the first twenty-four hours or

part thereof and three dollars for each additional twenty-four hours or

part thereof for the second impoundment, within one year of the first

impoundment, of any dog owned by that person; or

(c) not less than thirty dollars for the first twenty-four hours or

part thereof and three dollars for each additional twenty-four hours or

part thereof for the third and subsequent impoundments, within one year

of the first impoundment, of any dog owned by that person.

The impoundment fees set forth in paragraphs (a), (b) and (c) of this

subdivision notwithstanding, any municipality may set by local law or

ordinance such fees in any amount.

5. All impoundment fees shall be the property of the municipality to

which they are paid and shall be used only for controlling dogs and

enforcing this article and any rule, regulation, or local law or

ordinance adopted pursuant thereto, including subsidizing the spaying or

neutering of dogs and any facility as authorized under section one

hundred sixteen of this article used therefor, and subsidizing public

humane education programs in responsible dog ownership.

6. Promptly upon seizure of any identified dog, the owner of record of

such dog shall be notified personally or by certified mail, return

receipt requested, of the facts of seizure and the procedure for

redemption. If notification is personally given, such dog shall be held

for a period of seven days after day of notice, during which period the

dog may be redeemed by the owner. If such notification is made by mail,

such dog shall be held for a period of nine days from the date of

mailing, during which period the dog may be redeemed by the owner. In

either case, the owner may redeem such dog upon payment of the

impoundment fees prescribed by subdivision four of this section and by

producing proof that the dog has been licensed.

7. An owner shall forfeit title to any dog unredeemed at the

expiration of the appropriate redemption period, and the dog shall then

be made available for adoption or euthanized subject to subdivisions

six, eight and nine of this section and subject to the provisions of

section three hundred seventy-four of this chapter. Any municipality may

by local law or ordinance establish additional conditions for adoption

including the requirement that adopted dogs shall be spayed or neutered

before or after release from custody upon such terms and conditions as

the municipality may establish.

7-a. Any animal in the custody of a pound or shelter shall be made

available for adoption or euthanized subject to subdivisions six, eight

and nine of this section and subject to the provisions of section three

hundred seventy-four of this chapter after the time for redemption has

expired; provided, however, that such release may be made to another

such pound, duly incorporated society for the prevention of cruelty to

animals, duly incorporated humane society or duly incorporated animal

protective association for the sole purpose of placing such animal in an

adoptive home, when such action is reasonably believed to improve the

opportunity for adoption.

8. The redemption periods set forth above in this section

notwithstanding, any municipality may establish the duration of such

periods by local law or ordinance, provided that no such period shall be

less than three days, except that where notice to the owner is given by

mail, no such period shall be less than seven days.

9. Any dog, owned by a resident of any city having a population of

over two million or by a non-resident of this state, seized and

impounded pursuant to the provisions of this article, and whose owner

can be identified, shall be subject to subdivision six of this section.

If the dog is licensed pursuant to the provisions of law of the area of

the owner's residence, the licensing requirements of this article shall

not apply provided such dog is not harbored within this state outside

any city having a population of over two million for a period exceeding

thirty days.

10. The seizure of any dog shall not relieve any person from any

violation provided for by section one hundred eighteen of this article.

11. No liability in damages or otherwise shall be incurred on account

of the seizure, euthanization or adoption of any dog pursuant to the

provisions of this article.