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BAILEY: Strengthening New York’s dangerous dog laws: A call for justice | Opinion

Doggone Well Staff by Doggone Well Staff
July 17, 2024
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BAILEY: Strengthening New York’s dangerous dog laws: A call for justice | Opinion
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In August 2022, I was a firsthand witness to a horrifying incident in my neighborhood. Two unleashed pit bulls, owned by some neighbors, launched a brutal attack on a Labrador that was out for its usual evening walk with its owner. The scene was chilling, with the owner lying helpless on the ground, desperately trying to free her dog from the pit bulls’ powerful grip. In a bid to help, I rushed into my house, grabbed a can of dog repellent, and sprayed it at the dogs, providing a brief window for the owners to regain control of their pets.

A home surveillance video from a different neighbor recorded the entire event. Both the neighbor with the surveillance footage and I gave our consent to the Labrador’s owner to share our contact information with the police. However, despite our willingness to cooperate, the police did not contact either of us as expected. Despite several follow-up calls and months of waiting, the Labrador’s owner received the disappointing news that her case would not be pursued further.

The pit bulls’ owners paid part of the vet bills, but the Labrador’s owners had to go to seek a civil judgment to get the rest of the $2,000 veterinary bill. Unfortunately, this was not an isolated incident. The same pit bulls attacked a chihuahua in September 2023. They also jumped a standard six-foot fence and attacked a one-year-old puppy playing in the neighboring yard with the dog sitter. The puppy survived the attack and is expected to recover.

I, along with the owners of the dogs involved in the attacks that occurred in 2022 and 2023, were present at the hearing for the incident that took place this year. Although we were willing to testify about the aggressive behavior of the pit bulls, we were not called upon to give our statements. The pit bulls’ owners agreed to give up the dogs and pay for the full cost of the veterinary care — a civil judgment exceeding $8,000.

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When it comes to holding dog owners accountable for their dangerous pets, the existing laws in New York State are insufficient. In numerous instances, victims find themselves in the position of having to pursue reimbursement for their veterinary expenses through small claims court, while the owners of the dogs manage to evade any form of criminal punishment.

This is the crux of the problem. Typically, instances of dog-on-dog attacks are handled as civil issues, resulting in possible misdemeanor charges and fines. On the other hand, individuals who commit acts of animal cruelty can face harsher consequences, including fines, arrest, and even the possibility of serving time in jail. According to local news sources, a Cheektowaga resident has been sentenced to one year behind bars for his involvement in an animal cruelty case. Dogs were starved and denied medical care in order to train them for dog fighting. Additionally, he is prohibited from owning animals for the next 30 years.

Committing acts of torture or physical abuse against a dog, like beating or leaving them in dangerous conditions, can lead to potential imprisonment. Yet, a dog owner whose dog attacks another dog does not bear similar consequences. It is vital to address this legal disparity in order to ensure justice for owners whose dogs have been attacked.

The state of New York had over 800 claims in 2023, paying out nearly 60 million dollars. Despite the high frequency and severity of dog attacks, the current legal system often leaves victims feeling ignored and helpless.

The main problem that needs immediate attention is the absence of prompt and efficient measures to determine aggressive dogs that cause harm to other animals. Unleashed dogs have been involved in numerous incidents where they have launched brutal attacks on other dogs, leading to extensive physical injuries and long-lasting psychological trauma. The fact that the same dogs are frequently involved in multiple attacks serves as a clear indication that these incidents are not isolated occurrences, but rather an ongoing issue.

As it stands, the current ‘dangerous dog’ laws in New York state do not provide adequate punishment for the owners of such dogs. Typically, dog attacks are dealt with in a civil manner, which means that victims are left with no choice but to take their cases to small claims court in order to be compensated for their veterinary expenses. It is common for dog owners to escape criminal penalties.

According to New York law, if a dog that has been previously deemed dangerous causes severe physical harm, the owner can be charged with a criminal misdemeanor. If convicted of this offense, you may face a maximum penalty of a $1,000 fine, a prison term of up to 90 days, or both. However, this consequence seems insufficient given the severity of the harm that has been done.

To address dog-on-dog attacks in an effective way, it is essential to speed up the process of assessing whether a dog is harmful and to apply tougher sanctions, including possible prison time for the owners who are liable for such incidents. The laws are not strong enough to stop owners from letting their dogs be a danger to others, and we need better legislation.

In New York, aggravated animal cruelty is considered an E felony.

According to Agriculture & Markets Law Section 353-A, “A person is guilty of aggravated cruelty to animals when, with no justifiable purpose, he or she intentionally kills or intentionally causes serious physical injury to a companion animal with aggravated cruelty…A defendant convicted of this offense shall be sentenced pursuant to paragraph (b) of subdivision one of section 55.10 of the penal law provided, however, that any term of imprisonment imposed for violation of this section shall be a definite sentence, which may not exceed two years.”

In my opinion, Section 353-A should be expanded to include situations like the ones I mentioned earlier. If a dog without provocation causes severe harm or kills another person’s pet, particularly if the dog has displayed aggression before, it should be classified as aggravated animal cruelty. The possibility of jail time should be an option. This action would hold owners accountable for their dogs’ violent behavior through personal and financial consequences.

Stricter ‘dangerous dog’ laws are needed in New York State to protect the rights of dog owners whose pets are victims of an attack. Making owners more accountable for how their dangerous dogs act can help create a more secure setting for all animals and their caretakers. It is high time for the legal system to acknowledge the seriousness of these incidents and offer the necessary measures to safeguard our cherished pets.



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