§ 117 — Seizure of dogs; redemption periods; impoundment fees; adoption

§ 117. Seizure of dogs; redemption periods; impoundment fees;\nadoption. 1. Any dog control officer or peace officer, acting pursuant\nto his special duties, or police officer in the employ of or under\ncontract to a municipality shall seize:\n (a) any dog which is not identified and which is not on the owner's\npremises;\n (b) any dog which is not licensed, whether on or off the owner's\npremises;\n (c) any licensed dog which is not in the control of its owner or\ncustodian or not on the premises of the dog's owner or custodian, if\nthere is probable cause to believe the dog is dangerous; and\n (d) any dog which poses an immediate threat to the public safety.\n Promptly upon seizure the dog control officer shall commence a\nproceeding as provided for in subdivision two of section one hundred\ntwenty-three of this article.\n 1-a. Notwithstanding the seizure requirements provided in subdivision\none of this section, dog control officer or peace officer, acting\npursuant to his or her special duties, or police officer in the employ\nof or under contract to a municipality may, if there is no probable\ncause to believe the dog is dangerous, return any dog with a current\nlicense directly to the dog's owner or custodian of record at the\naddress provided on such dog's license.\n 2. Any dog control officer or peace officer, acting pursuant to his\nspecial duties, or police officer in the employ of or under contract to\na municipality may seize any dog in violation of any local law or\nordinance relating to the control of dogs, adopted by any municipality\npursuant to the provisions of this article.\n 3. Each dog seized in accordance with the provisions of this article\nshall be properly sheltered, fed and watered for the redemption period\nas hereinafter provided.\n 4. Each dog which is not identified, whether or not licensed, shall be\nheld for a period of five days from the day seized during which period\nthe dog may be redeemed by its owner, provided that such owner produces\nproof that the dog has been licensed and has been identified pursuant to\nthe provisions of this article and further provided that the owner pays\nthe following impoundment fees:\n (a) not less than ten dollars for the first impoundment of any dog\nowned by that person;\n (b) not less than twenty dollars for the first twenty-four hours or\npart thereof and three dollars for each additional twenty-four hours or\npart thereof for the second impoundment, within one year of the first\nimpoundment, of any dog owned by that person; or\n (c) not less than thirty dollars for the first twenty-four hours or\npart thereof and three dollars for each additional twenty-four hours or\npart thereof for the third and subsequent impoundments, within one year\nof the first impoundment, of any dog owned by that person.\n The impoundment fees set forth in paragraphs (a), (b) and (c) of this\nsubdivision notwithstanding, any municipality may set by local law or\nordinance such fees in any amount.\n 5. All impoundment fees shall be the property of the municipality to\nwhich they are paid and shall be used only for controlling dogs and\nenforcing this article and any rule, regulation, or local law or\nordinance adopted pursuant thereto, including subsidizing the spaying or\nneutering of dogs and any facility as authorized under section one\nhundred sixteen of this article used therefor, and subsidizing public\nhumane education programs in responsible dog ownership.\n 6. Promptly upon seizure of any identified dog, the owner of record of\nsuch dog shall be notified personally or by certified mail, return\nreceipt requested, of the facts of seizure and the procedure for\nredemption. If notification is personally given, such dog shall be held\nfor a period of seven days after day of notice, during which period the\ndog may be redeemed by the owner. If such notification is made by mail,\nsuch dog shall be held for a period of nine days from the date of\nmailing, during which period the dog may be redeemed by the owner. In\neither case, the owner may redeem such dog upon payment of the\nimpoundment fees prescribed by subdivision four of this section and by\nproducing proof that the dog has been licensed.\n 7. An owner shall forfeit title to any dog unredeemed at the\nexpiration of the appropriate redemption period, and the dog shall then\nbe made available for adoption or euthanized subject to subdivisions\nsix, eight and nine of this section and subject to the provisions of\nsection three hundred seventy-four of this chapter. Any municipality may\nby local law or ordinance establish additional conditions for adoption\nincluding the requirement that adopted dogs shall be spayed or neutered\nbefore or after release from custody upon such terms and conditions as\nthe municipality may establish.\n 7-a. Any animal in the custody of a pound or shelter shall be made\navailable for adoption or euthanized subject to subdivisions six, eight\nand nine of this section and subject to the provisions of section three\nhundred seventy-four of this chapter after the time for redemption has\nexpired; provided, however, that such release may be made to another\nsuch pound, duly incorporated society for the prevention of cruelty to\nanimals, duly incorporated humane society or duly incorporated animal\nprotective association for the sole purpose of placing such animal in an\nadoptive home, when such action is reasonably believed to improve the\nopportunity for adoption.\n 8. The redemption periods set forth above in this section\nnotwithstanding, any municipality may establish the duration of such\nperiods by local law or ordinance, provided that no such period shall be\nless than three days, except that where notice to the owner is given by\nmail, no such period shall be less than seven days.\n 9. Any dog, owned by a resident of any city having a population of\nover two million or by a non-resident of this state, seized and\nimpounded pursuant to the provisions of this article, and whose owner\ncan be identified, shall be subject to subdivision six of this section.\nIf the dog is licensed pursuant to the provisions of law of the area of\nthe owner's residence, the licensing requirements of this article shall\nnot apply provided such dog is not harbored within this state outside\nany city having a population of over two million for a period exceeding\nthirty days.\n 10. The seizure of any dog shall not relieve any person from any\nviolation provided for by section one hundred eighteen of this article.\n 11. No liability in damages or otherwise shall be incurred on account\nof the seizure, euthanization or adoption of any dog pursuant to the\nprovisions of this article.\n