§ 118 — Violations

§ 118. Violations. 1. It shall be a violation, punishable as provided\nin subdivision two of this section, for:\n (a) any owner to fail to license any dog;\n (b) any owner to fail to have any dog identified as required by this\narticle;\n (c) any person to knowingly affix to any dog any false or improper\nidentification tag, special identification tag for identifying guide,\nservice, therapy or hearing dogs or purebred license tag;\n (d) any owner or custodian of any dog to fail to confine, restrain or\npresent such dog for any lawful purpose pursuant to this article;\n (e) any person to furnish any false or misleading information on any\nform required to be filed with any municipality pursuant to the\nprovisions of this article or rules and regulations promulgated pursuant\nthereto;\n (f) the owner or custodian of any dog to fail to exercise due\ndiligence in handling his or her dog if the handling results in harm to\nanother dog that is a guide, hearing or service dog;\n (g) any owner of a dog to fail to notify the municipality in which his\nor her dog is licensed of any change of ownership or address as required\nby section one hundred twelve of this article.\n 2. It shall be the duty of the dog control officer of any municipality\nto bring an action against any person who has committed within such\nmunicipality any violation set forth in subdivision one of this section.\nAny municipality may elect either to prosecute such action as a\nviolation under the penal law or to commence an action to recover a\ncivil penalty.\n A violation of this section shall be punishable, subject to such an\nelection, either:\n (a) where prosecuted pursuant to the penal law, by a fine of not less\nthan twenty-five dollars, except that (i) where the person was found to\nhave violated this section or former article seven of this chapter\nwithin the preceding five years, the fine may be not less than fifty\ndollars, and (ii) where the person was found to have committed two or\nmore such violations within the preceding five years, it shall be\npunishable by a fine of not less than one hundred dollars or\nimprisonment for not more than fifteen days, or both; or\n (b) where prosecuted as an action to recover a civil penalty, by a\ncivil penalty of not less than twenty-five dollars, except that (i) when\nthe person was found to have violated this section or this article\nwithin the preceding five years, the civil penalty may be not less than\nfifty dollars, and (ii) where the person was found to have committed two\nor more such violations within the preceding five years, the civil\npenalty may be not less than one hundred dollars.\n 3. A defendant charged with a violation of any provision of this\narticle or any local law or ordinance promulgated pursuant thereto may\nplead guilty to the charge in open court. He or she may also submit to\nthe magistrate having jurisdiction, in person, by duly authorized agent,\nor by registered mail, a statement (a) that he or she waives arraignment\nin open court and the aid of counsel, (b) that he or she pleads guilty\nto the offense charged, (c) that he or she elects and requests that the\ncharge be disposed of and the fine or penalty fixed by the court, (d) of\nany explanation that he or she desires to make concerning the offense\ncharged, and (e) that he or she makes all statements under penalty of\nperjury. Thereupon the magistrate may proceed as though the defendant\nhad been convicted upon a plea of guilty in open court, provided\nhowever, that any imposition of fine or penalty hereunder shall be\ndeemed tentative until such fine or penalty shall have been paid and\ndischarged in full. If upon receipt of the aforesaid statement the\nmagistrate shall deny the same, he or she shall thereupon notify the\ndefendant of this fact, and that he or she is required to appear before\nthe said magistrate at a stated time and place to answer the charge\nwhich shall thereafter be disposed of pursuant to the applicable\nprovisions of law.\n 4. Any person who intentionally refuses, withholds, or denies a\nperson, because he or she is accompanied by an on-duty police work dog,\nworking search, war, or detection dog as defined in section one hundred\neight of this article, any accommodations, facilities, or privileges\nthereof shall be subject to a civil penalty of up to two hundred dollars\nfor the first violation and up to four hundred dollars for each\nsubsequent violation.\n 5. Any person who for the purpose of participating in the animal\npopulation control program shall falsify proof of adoption from a pound,\nshelter, duly incorporated society for the prevention of cruelty to\nanimals, duly incorporated humane society or duly incorporated dog or\ncat protective association or who shall furnish any licensed\nveterinarian of this state with inaccurate information concerning his or\nher residency or the ownership of an animal or such person's authority\nto submit an animal for a spaying or neutering procedure pursuant to\nsection one hundred seventeen-a of this article, and any veterinarian\nwho shall furnish false information concerning animal sterilization fees\nshall be guilty of a violation punishable by a fine of not less than two\nhundred fifty dollars where prosecuted pursuant to the penal law, or\nwhere prosecuted as an action to recover a civil penalty of not more\nthan two hundred fifty dollars.\n