Holding Court: Good Boy, Bad Doggy.
Holding Court is a series by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City.
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By Joe Latwin
Inspector Clouseau asks the man if his dog bites. The man says “no”. The dog then bites the Inspector. The Inspector says to the man “I thought you said your dog does not bite?” The man replies “He doesn’t, but this is not my dog.”
New York’s Agriculture and Markets Law (“Ag & Market”) Article 7, Section 123 provides municipalities with the power to address dangerous dogs within their jurisdictions. These proceedings are separate from any civil lawsuits brought by injured plaintiffs but may affect ongoing and future actions brought against the owners of a dangerous dog.
An Ag & Market proceeding can be brought by a dog control officer, police officer, or any person who witnesses an attack or a threatened attack, or an adult acting on behalf of such minor. The complainant must file a petition under the Ag & Markets Law to have the dog declared a dangerous dog. If there is probable cause to believe dog is dangerous, judge must issue an order to seize the dog and hold pending resolution of the matter. In many places, neither the Court nor the police have any facilities to hold the dog so no seizure orders are issued.
A hearing to determine whether dog is dangerous must be held within five days of the complaint. Complainant has burden to prove dog is dangerous by “clear and convincing evidence. No one, not the owner, the complainant, or the dog gets an attorney although they have the right to hire one. The law does not specify what constitutes a dangerous dog. Most people have no idea there is such a law and less of a concept of how to prove the case or what evidence they can or must use.
If the court is satisfied that the dog is a dangerous dog, the judge must then order neutering or spaying of the dog, microchipping of the dog and other remedies deemed appropriate under the circumstances and necessary for the protection of the public: (a) evaluation of the dog by a certified behaviorist or another recognized expert in the field and completion of training or other treatment as deemed appropriate by such expert; (b) secure, humane confinement of the dog (not include lengthy periods of tying or chaining) for a period of time and in a manner deemed appropriate in a manner 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.; (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 does 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 not in excess of one hundred thousand dollars for personal injury or death resulting from an attack by such dangerous dog. There may also be civil penalties for the dog’s owners once it is found to be dangerous.
Upon a finding that a dog is dangerous, the judge may order humane euthanasia or permanent confinement of the dog if one of the following aggravating circumstances is established: (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 previous “dangerous dog” finding.
I once prosecuted a dangerous dog case for a village where the guard dog of a suspected drug dealer attacked a police officer. The dog was shot 11 times by the police officer before it released his bite. The dog was treated and recovered. Instead of getting the “death penalty”, I was able to negotiate the banishment of the dog to another State.
In later cases I heard as a judge, I was usually able to get a settlement since complainants don’t want to be responsible for the death of the dog but want to see no one else gets hurt and their medical bills are paid.
Who’s a good boy?
