§ 77-16.7. Dangerous dogs.

A. 

In addition to dogs which attack a person or attack, chase, or worry a domestic animal as provided for in § 121 of the Agriculture and Markets Law, dangerous dogs shall include:

(1) 

Any dog that presents a risk of physical injury or death to a human being, or would constitute danger to human life, physical well-being or property if not kept under the direct control of the owner. The definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.

(2) 

Any dog which, according to the records of the Onondaga County Health Department, Town of DeWitt or the SPCA (Society for the Prevention of Cruelty to Animals) or any law enforcement agency, has, without justification, bitten, attacked, endangered or inflicted personal injury on a human being on public or private property or, when unprovoked, has chased or menaced a person upon the street, sidewalk or any public grounds, provided that such actions are attested to in a sworn statement by one or more persons dutifully investigated by any one of the above-referenced authorities; has more than once without justification severely injured or killed a domestic animal while off the owner's property or has been used primarily or in part for the purpose of dog fighting, or is a dog trained for dog fighting.

(3) 

Any dog whose larynx has been removed or whose bark or growl has been altered or muffled to prevent persons from being alerted to the presence of said dog, under circumstances where the dog is providing protection or security, or so as to put a person in reasonable fear of his or her safety.

(4) 

Any dog providing protection or security at a premises at which illegal activities are occurring.

B. 

A dog's action shall be considered justified if such actions were inflicted upon a person who was committing, at the time, a crime upon the premises occupied by the dog's owner or custodian; or committing, at the time, willful trespass or other tort upon the premises occupied by the dog's owner or custodian; or provoking, tormenting, or physically abusing the dog. A dog's actions shall be considered justified if such actions were inflicted upon an animal that initiated an attack upon it.

C. 

Any person found guilty of violating this section shall pay all expenses, including shelter, food and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of the dog.