A 8462: Enacts "Penny's law" to create the offenses of negligent handling of a dog and reckless handling of a dog; codifies the requirement that dogs be restrained in New York city; requires signage in parks that all dogs must be restrained.

  
  STATE OF NEW YORK ________________________________________________________________________ 8462 2025-2026 Regular Sessions  IN ASSEMBLY May 16, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Agriculture AN ACT to amend the agriculture and markets law, in relation to creating the offenses of negligent handling of a dog and reckless handling of a dog, and to amend the administrative code of the city of New York, in relation to codifying the requirement that dogs be restrained and requiring signage at all parks that dogs must be restrained unless otherwise noted The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Penny's law". 3 § 2. The agriculture and markets law is amended by adding five new 4 sections 123-c, 123-d, 123-e, 123-f, and 123-g to read as follows: 5 § 123-c. Negligent handling of a dog. 1. A person is guilty of negli- 6 gent handling of a dog if such person, on four or more occasions, 7 violates any local law, rule, or regulation regarding the running at 8 large of a dog outside of designated areas. Records of such violations 9 shall run with the person handling the dog, regardless of if different 10 dogs are involved. Notwithstanding any law to the contrary, allowing 11 multiple dogs running at large in violation of a local law, rule, or 12 regulation at the same time shall be considered one violation. 13 2. No provision in this section shall apply to law enforcement dogs 14 when a leash or tether would interfere with the dog's work. 15 Negligent handling of a dog is a violation. 16 § 123-d. Reckless handling of a dog in the third degree. 1. A person 17 is guilty of reckless handling of a dog in the third degree if such 18 person handling a dog allows such dog to injure a person, cat, or other 19 dog without justification. 20 2. The responding police officer shall provide the victim or owner of 21 the victimized cat or dog written notice of their right to make a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11967-03-5 
 A. 8462 2 1 dangerous dog complaint pursuant to section one hundred twenty-three of 2 this chapter. 3 3. (a) It shall be an affirmative defense that (i) the handler was in 4 compliance with all local laws, rules, and regulations and the handler 5 of the injured dog or cat was not in compliance with local laws, rules, 6 and regulations; or (ii) the conduct of the dog was justified under 7 subdivision four of section one hundred twenty-three of this article. 8 (b) Upon a second attack by the same dog, regardless of handler, in 9 violation of this section, such dog shall be declared a dangerous dog as 10 defined by section one hundred twenty-three of this article. 11 4. The handler of the attacking dog shall be liable for all medical or 12 veterinary expenses incurred by the victim or victim-owner relating to 13 the attack. 14 Reckless handling of a dog in the third degree is a violation. 15 § 123-e. Reckless handling of a dog in the second degree. 1. A person 16 is guilty of reckless handling of a dog in the second degree if such 17 person handling a dog allows such dog to injure a person, cat, or other 18 dog, requiring hospitalization or resulting in death, including medical- 19 ly-recommended humane euthanasia of an animal. 20 2. Any dog implicated in a violation of this section shall be declared 21 a dangerous dog pursuant to section one hundred twenty-three of this 22 article. 23 3. It shall be an affirmative defense that (i) the handler was in 24 compliance with all local laws, rules, and regulations and the handler 25 of the injured dog or cat was not in compliance with local laws, rules, 26 and regulations; or (ii) the conduct of the dog was justified under 27 subdivision four of section one hundred twenty-three of this article. 28 4. The handler of the attacking dog shall be liable for all medical or 29 veterinary expenses incurred by the victim or victim-owner relating to 30 the attack. 31 5. No provision in this section shall apply to law enforcement dogs. 32 Reckless handling of a dog in the second degree is a misdemeanor. 33 § 123-f. Reckless handling of a dog in the first degree. 1. A person 34 is guilty of reckless handling of a dog in the first degree if such 35 person handling such dog instructs such dog by verbal command, bodily 36 gesture, or other command to injure a person, cat, or other dog without 37 threat of imminent danger. 38 2. Any dog implicated in a violation of this section shall be declared 39 a dangerous dog pursuant to section one hundred twenty-three of this 40 article. 41 3. A person who commits reckless handling of a dog in the first degree 42 shall have any dog under such person's care or residing in such person's 43 household seized and impounded by the municipality. Such person as well 44 as any person residing in the same household shall not be eligible for a 45 dog license. 46 4. The handler of the attacking dog shall be liable for all medical or 47 veterinary expenses incurred by the victim or victim-owner relating to 48 the attack. 49 5. No provision in this section shall apply to law enforcement dogs. 50 Reckless handling of a dog in the first degree is a misdemeanor. 51 § 123-g. Leaving the scene of injury to companion animals without 52 reporting. Any person who commits a violation of section one hundred 53 twenty-three-d, one hundred twenty-three-e, or one hundred 54 twenty-three-f of this article against a companion animal, as defined by 55 subdivision five of section three hundred fifty of this chapter, and is 56 not the custodian of such animal which was injured or killed shall 
 A. 8462 3 1 endeavor to locate the owner or custodian of such animal, or, if such 2 owner or custodian cannot be located, such person shall inform a police 3 or peace officer in the vicinity and take any other reasonable and 4 appropriate action so that the animal may receive necessary attention. 5 Such person shall promptly report the matter to such owner, custodian, 6 or officer and give such person's full name and address, including 7 street, street number, and unit number, if applicable. 8 Leaving the scene of injury to companion animals without reporting is 9 a violation. 10 § 3. Subdivisions 6, 7, 8, and 9 of section 123 of the agriculture and 11 markets law, such section as renumbered by section 18 of part T of chap- 12 ter 59 of the laws of 2010, subdivisions 6 and 9 as amended by chapter 13 392 of the laws of 2004, and subdivisions 7 and 8 as amended by chapter 14 526 of the laws of 2005, are amended to read as follows: 15 6. The owner of a dog who[, through any act or omission, negligently 16 permits his or her dog to bite a person, service dog, guide dog or hear- 17 ing dog causing physical injury] commits a violation of section one 18 hundred twenty-three-d or one hundred twenty-three-g of this article 19 shall be subject to a civil penalty not to exceed four hundred dollars 20 in addition to any other applicable penalties. 21 7. The owner of a dog who[, through any act or omission, negligently 22 permits his or her dog to bite a person causing serious physical injury] 23 commits a violation of section one hundred twenty-three-e of this arti- 24 cle shall be subject to a civil penalty not to exceed one thousand five 25 hundred dollars in addition to any other applicable penalties. Any such 26 penalty may be reduced by any amount which is paid as restitution by the 27 owner of the dog to the person or persons or the owner of an animal 28 suffering serious physical injury as compensation for unreimbursed 29 medical or veterinary expenses, lost earnings and other damages result- 30 ing from such injury. 31 8. The owner of a dog who[, through any act or omission, negligently 32 permits his or her dog, which had previously been determined to be 33 dangerous pursuant to this article, to bite a person causing serious 34 physical injury,] commits a violation of section one hundred twenty- 35 three-f of this article shall be guilty of a misdemeanor punishable by a 36 fine of not more than three thousand dollars, or by a period of impri- 37 sonment not to exceed ninety days, or by both such fine and imprisonment 38 in addition to any other applicable penalties. Any such fine may be 39 reduced by any amount which is paid as restitution by the owner of the 40 dog to the person or persons or owner of an animal suffering serious 41 physical injury as compensation for unreimbursed medical or veterinary 42 expenses, lost earnings and other damages resulting from such injury. 43 9. If any dog, which had previously been determined by a judge or 44 justice to be a dangerous dog, as defined in section one hundred eight 45 of this article, shall without justification [kill or cause the death of 46 any person who is peaceably conducting himself or herself in any place 47 where he or she may lawfully be] violate section one hundred twenty- 48 three-d, one hundred twenty-three-e, or one hundred twenty-three-f of 49 this article, regardless of whether such dog escapes without fault of 50 the owner, the owner shall be guilty of a class A misdemeanor in addi- 51 tion to any other penalties. 52 § 4. Section 123 of the agriculture and markets law is amended by 53 adding a new subdivision 15 to read as follows: 54 15. (a) In any proceeding brought pursuant to this section, except for 55 subdivisions eight and nine of this section, the judge or justice may, 56 in their discretion, suspend the defendant's eligibility to obtain a dog 
 A. 8462 4 1 license, pursuant to section one hundred nine of this article, for a set 2 or indefinite period of time, and revoke any existing license. Such 3 eligibility shall be reinstated if such defendant is found not liable or 4 the case is dismissed. 5 (b) In any proceeding brought pursuant to subdivisions eight or nine 6 of this section, such defendant and any member of such defendant's 7 household, while residing in such household, shall be immediately 8 rendered ineligible for a dog license indefinitely, and any existing 9 license shall be revoked. 10 (c) Any dog seized pursuant to this subdivision shall be retained by 11 the municipality and shall not be euthanized or adopted until dispensa- 12 tion of the proceeding and all appeals, if applicable. Upon dismissal of 13 the case or upon a judge or justice's order, any dog seized pursuant to 14 this subdivision shall be returned to its owner upon reinstatement of 15 such owner's dog license. 16 § 5. The administrative code of the city of New York is amended by 17 adding a new section 17-820 to read as follows: 18 § 17-820 Dogs to be restrained. a. Except as specified in subdivision 19 b of this section, a person who owns, possesses or controls a dog shall 20 not permit it to be in any public place or in any open or unfenced area 21 abutting on a public place unless the dog is effectively restrained by a 22 leash or other restraint not more than six feet long. 23 b. 1. Dogs within areas and facilities under the jurisdiction and 24 control of the department of parks and recreation ("DOPR"), or successor 25 agency, shall be restrained except as otherwise permitted in accordance 26 with the rules of the DOPR. Such rules shall include provisions that 27 prohibit unrestrained dogs in unenclosed DOPR controlled areas and 28 facilities except during a specified range of time, that shall not begin 29 earlier than nine o'clock pm and not extend past nine o'clock am. Such 30 rules shall also specify that persons in control of dogs allowed to be 31 off the leash in such areas and facilities maintain and provide, on 32 demand, proof of current dog licensure and current rabies vaccination 33 when dogs are allowed to be off the leash. In addition, DOPR shall make 34 available to the public, in a manner acceptable to the department, 35 information concerning rabies vaccination and dog licensure require- 36 ments, and the specific locations where and times when dogs may be 37 allowed off the leash in DOPR areas and facilities. 38 2. Notwithstanding the provisions of paragraph one of this subdivi- 39 sion, the department may, based on epidemiologic evidence indicating an 40 increase in preventable off leash dog bites during off leash hours in 41 areas open to off leash use, or a risk of zoonotic disease transmission, 42 limit or eliminate the use of or access to specific areas or facilities, 43 or parts thereof, under DOPR jurisdiction, by unrestrained dogs. 44 c. Notices of violation for failure to comply with subdivision a of 45 this section may be issued by any authorized employee, officer or agent 46 of the department, the department of sanitation, the department of parks 47 and recreation, or successor agencies, or by special patrol officers who 48 have been delegated such duties by their employers. 49 § 6. The administrative code of the city of New York is amended by 50 adding a new section 18-166 to read as follows: 51 § 18-166 Requiring signage to keep dogs restrained. a. The department 52 shall place at all entrances to all parks operated by or under the 53 jurisdiction of the department, including those for which the department 54 has an agreement with a conservancy or other not-for-profit organization 55 with respect to operation of any aspect of a playground a sign reading, 
 A. 8462 5 1 "No Dogs Off Leash Anywhere in the Park Unless Otherwise Noted. Viola- 2 tors may be subject to fine or arrest." 3 b. Such signs shall be placed at all entrances of all parks where 4 presently there is not a sign requiring dogs to be restrained at all 5 entrances. Such signs shall also be placed at the entrances to all other 6 parks upon replacement of a sign requiring dogs to be restrained in any 7 such park. All signs shall be securely affixed at such entrances. All 8 signs shall be in English and, where appropriate, additional languages. 9 For purposes of this section, "securely affixed" shall mean that at a 10 minimum the signs shall be tethered to not less than two stationary 11 fixtures. 12 c. There shall be at least one sign at any unenclosed, unpaved park 13 space that is one tenth of an acre in area or larger stating 14 restrictions on off leash dogs, including any hours that dogs are 15 permitted off leash, and include information for reporting an off leash 16 dog. Such a sign shall also be displayed at the head of any unpaved 17 trail leading to an unenclosed space. Any unenclosed, unpaved area one 18 half of an acre in area or larger must have at least one sign for every 19 one half of an acre, spaced at least ten feet apart. Any enclosed area 20 designated as a dog run shall display a sign at each entrance noting off 21 leash hours. 22 § 7. Severability. If any section, subsection, sentence, clause, 23 phrase or other portion of this local law is, for any reason, declared 24 unconstitutional or invalid, in whole or in part, by any court of compe- 25 tent jurisdiction such portion shall be deemed severable, and such 26 unconstitutionality or invalidity shall not affect the validity of the 27 remaining portions of this law, which remaining portions shall continue 28 in full force and effect. 29 § 8. This act shall take effect on the ninetieth day after it shall 30 have become a law; provided, however, that section six of this act shall 31 take effect one year after it shall have become a law.