§ 108 — Definitions

§ 108. Definitions. As used in this article, unless otherwise\nexpressly stated or unless the context or subject matter requires\notherwise:\n 1. "Adoption" means the delivery to any natural person eighteen years\nof age or older, for the limited purpose of harboring a pet, of any dog,\nseized or surrendered, or any cat.\n 3. "Clerk" means the clerk of any county, town, city or village where\nlicenses are validated or issued pursuant to this article.\n 4. "Commissioner" means the state commissioner of agriculture and\nmarkets.\n 5. "Dog" means any member of the species canis familiaris.\n 6. "Dog control officer" means any individual appointed by a\nmunicipality to assist in the enforcement of this article or any\nauthorized officer, agent or employee of an incorporated humane society\nor similar incorporated dog protective association under contract with a\nmunicipality to assist in the enforcement of this article.\n 7. "Domestic animal" means any domesticated sheep, horse, cattle,\nfallow deer, red deer, sika deer, whitetail deer which is raised under\nlicense from the department of environmental conservation, llama, goat,\nswine, fowl, duck, goose, swan, turkey, confined domestic hare or\nrabbit, pheasant or other bird which is raised in confinement under\nlicense from the state department of environmental conservation before\nrelease from captivity, except that the varieties of fowl commonly used\nfor cock fights shall not be considered domestic animals for the\npurposes of this article.\n 8. "Euthanize" means to bring about death by a humane method.\n 9. "Guide dog" means any dog that is trained to aid a person who is\nblind and is actually used for such purpose, or any dog during the\nperiod such dog is being trained or bred for such purpose.\n 10. "Harbor" means to provide food or shelter to any dog.\n 11. "Identification tag" means a tag issued by the licensing\nmunicipality which sets forth an identification number, together with\nthe name of the municipality, the state of New York, contact\ninformation, including telephone number, for the municipality and such\nother information as the licensing municipality deems appropriate.\n 12. "Identified dog" means any dog carrying an identification tag as\nprovided in section one hundred eleven of this article.\n 13. "Municipality" means any county, town, city and village.\n 15. "Owner" means any person who harbors or keeps any dog.\n 16. "Owner of record" means the person in whose name any dog was last\nlicensed pursuant to this article, except that if any license is issued\non application of a person under eighteen years of age, the owner of\nrecord shall be deemed to be the parent or guardian of such person. If\nit cannot be determined in whose name any dog was last licensed or if\nthe owner of record has filed a statement pursuant to the provisions of\nsection one hundred twelve of this article, the owner shall be deemed to\nbe the owner of record of such dog, except that if the owner is under\neighteen years of age, the owner of record shall be deemed to be the\nparent or guardian of such person.\n 17. "Person" means any individual, corporation, partnership,\nassociation or other organized group of persons, municipality, or other\nlegal entity.\n 18. "Police work dog" means any dog owned or harbored by any state or\nmunicipal police department or any state or federal law enforcement\nagency, which has been trained to aid law enforcement officers and is\nactually being used for police work purposes.\n 19. "Recognized registry association" means any registry association\nthat operates on a nationwide basis and issues numbered registration\ncertificates.\n 20. "War dog" means any dog which has been honorably discharged from\nthe United States armed services.\n 21. "Hearing dog" means any dog that is trained to aid a person who is\ndeaf or hard of hearing and is actually used for such purpose, or any\ndog during the period such dog is being trained or bred for such\npurpose.\n 22. "Service dog" means any dog that has been or is being individually\ntrained to do work or perform tasks for the benefit of a person with a\ndisability.\n 23. "Person with a disability" means any person with a disability as\nthat term is defined in subdivision twenty-one of section two hundred\nninety-two of the executive law.\n 24. (a) "Dangerous dog" means any dog which (i) without justification\nattacks a person, companion animal as defined in subdivision five of\nsection three hundred fifty of this chapter, farm animal as defined in\nsubdivision four of section three hundred fifty of this chapter or\ndomestic animal as defined in subdivision seven of this section and\ncauses physical injury or death, or (ii) behaves in a manner which a\nreasonable person would believe poses a serious and unjustified imminent\nthreat of serious physical injury or death to one or more persons,\ncompanion animals, farm animals or domestic animals or (iii) without\njustification attacks a service dog, guide dog or hearing dog and causes\nphysical injury or death.\n (b) "Dangerous dog" does not include a police work dog, as defined in\nsubdivision eighteen of this section, which acts in the manner described\nin this paragraph while such police work dog is being used to assist one\nor more law enforcement officers in the performance of their official\nduties.\n 25. "Working search dog" means any dog that is trained to aid in the\nsearch for missing persons and is actually used for such purpose.\n 26. "Therapy dog" means any dog that is trained to aid the emotional\nand physical health of patients in hospitals, nursing homes, retirement\nhomes and other settings and is actually used for such purpose, or any\ndog during the period such dog is being trained or bred for such\npurpose, and does not qualify under federal or state law or regulations\nas a service dog.\n 27. "Detection dog" means any dog that is trained and is actually used\nfor such purposes or is undergoing training to be used for the purpose\nof detecting controlled substances, explosives, ignitable liquids,\nfirearms, cadavers, or school or correctional facility contraband.\n 28. "Physical injury" means impairment of physical condition or\nsubstantial pain.\n 29. "Serious physical injury" means physical injury which creates a\nsubstantial risk of death, or which causes death or serious or\nprotracted disfigurement, protracted impairment of health or protracted\nloss or impairment of the function of any bodily organ.\n