What is My Liability for Violating a Leash Law in a Dog Fight in New York?

Full question:

My dog was involved in a fight with another dog. My dog was on a 6 ft. leash. The owner of the other dog was on roller blades and in violation of NYC leash law, more than 6 ft. His dog was injured and he also received 7 stitches while attempting to break up the fight. My dog was not injured. What are my legal responsibilities?

• Category: Animals
• Date: 04/07/2025
• State: New York

Answer:

The Health Code includes leash requirements, license requirements and rabies vaccine requirements. In general, Health Code violations are misdemeanors and are punishable by a fine of from $100 to $2000. However, a breach of the leash law is a violation punishable by a fine of $25 and/or 10 days in jail. A breach of the leash law is a violation punishable by a fine of $25 and/or 10 days in jail. Please see the following on the NYC leash law:

http://www.doglaw.com/New-York-City-Laws/nyc-leash-law.html
http://www.abcny.org/Publications/cruelty.htm
http://www.aspca.org/about-us/faq/leash-laws.html

Please see the following NY statutes:

§ 375 Agric. & Mkts. Officer may take possession of animals or
implements used in fights among animals.

Any officer authorized by law to make arrests may lawfully take
possession of any animals, or implements, or other property used or
employed, or about to be used or employed, in the violation of any
provision of law relating to fights among animals. He shall state to the
person in charge thereof, at the time of such taking, his name and
residence, and also, the time and place at which the application provided
for by the next section will be made.

§ 121 Agric. & Mkts. Dangerous dogs.

1. Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may make a
complaint of an attack or threatened attack upon a person, companion
animal, farm animal as defined in subdivision twenty-four of section one
hundred eight of this article, or a domestic animal as defined in
subdivision seven of section one hundred eight of this article to a dog
control officer or police officer of the appropriate municipality. Such
officer shall immediately inform the complainant of his right to commence a
proceeding as provided in subdivision two of this section and, if there is
reason to believe the dog is a dangerous dog, the officer shall forthwith
commence such proceeding himself.

2. Any person who witnesses an attack or threatened attack, or in the
case of a minor, an adult acting on behalf of such minor, may, and any
dog control officer or police officer as provided in subdivision one of
this section shall, make a complaint under oath or affirmation to any
municipal judge or justice of such attack or threatened attack.
Thereupon, the judge or justice shall immediately determine if there is
probable cause to believe the dog is a dangerous dog and, if so, shall
issue an order to any dog control officer, peace officer, acting pursuant
to his special duties, or police officer directing such officer to
immediately seize such dog and hold the same pending judicial
determination as provided in this section. Whether or not the judge or
justice finds there is probable cause for such seizure, he shall, within
five days and upon written notice of not less than two days to the owner
of the dog, hold a hearing on the complaint. The petitioner shall have
the burden at such hearing to prove the dog is a "dangerous dog" by clear
and convincing evidence. If satisfied that the dog is a dangerous dog,
the judge or justice shall then order neutering or spaying of the dog,
microchipping of the dog and one or more of the following as deemed
appropriate under the circumstances and as deemed necessary for the
protection of the public:

(a) evaluation of the dog by a certified applied behaviorist, a board
certified veterinary behaviorist, or another recognized expert in the field
and completion of training or other treatment as deemed appropriate by such
expert. The owner of the dog shall be responsible for all costs associated
with evaluations and training ordered under this section;

(b) secure, humane confinement of the dog for a period of time and in a
manner deemed appropriate by the court but in all instances in a manner
designed to: (1) prevent escape of the dog, (2) protect the public from
unauthorized contact with the dog, and (3) to protect the dog from the
elements pursuant to section three hundred fifty-three-b of this
chapter. Such confinement shall not include lengthy periods of tying or
chaining;

(c) restraint of the dog on a leash by an adult of at least twenty-one
years of age whenever the dog is on public premises;

(d) muzzling the dog whenever it is on public premises in a manner that
will prevent it from biting any person or animal, but that shall not injure
the dog or interfere with its vision or respiration; or

(e) maintenance of a liability insurance policy in an amount determined
by the court, but in no event in excess of one hundred thousand dollars for
personal injury or death resulting from an attack by such dangerous dog.

3. Upon a finding that a dog is dangerous, the judge or justice may order
humane euthanasia or permanent confinement of the dog if one of the
following aggravating circumstances is established at the judicial hearing
held pursuant to subdivision two of this section:

(a) the dog, without justification, attacked a person causing serious
physical injury or death; or

(b) the dog has a known vicious propensity as evidenced by a previous
unjustified attack on a person, which caused serious physical injury or
death; or

(c) the dog, without justification, caused serious physical injury or
death to a companion animal, farm animal or domestic animal, and has, in
the past two years, caused unjustified physical injury or death to a
companion or farm animal as evidenced by a "dangerous dog" finding pursuant
to the provisions of this section. An order of humane euthanasia shall not
be carried out until expiration of the thirty day period provided for in
subdivision five of this section for filing a notice of appeal, unless the
owner of the dog has indicated to the judge in writing, his or her
intention to waive his or her right to appeal. Upon filing of a notice of
appeal, the order shall be automatically stayed pending the outcome of the
appeal.

4. A dog shall not be declared dangerous if the court determines the
conduct of the dog (a) was justified because the threat, injury or damage
was sustained by a person who at the time was committing a crime or offense
upon the owner or custodian of the dog or upon the property of the owner or
custodian of the dog; (b) was justified because the injured, threatened or
killed person was tormenting, abusing, assaulting or physically threatening
the dog or its offspring, or has in the past tormented, abused, assaulted
or physically threatened the dog or its offspring; (c) was justified
because the dog was responding to pain or injury, or was protecting itself,
its owner, custodian, or a member of its household, its kennels or its
offspring; or was justified because the injured, threatened or killed
companion animal, farm animal or domestic animal was attacking or
threatening to attack the dog or its offspring. Testimony of a certified
applied behaviorist, a board certified veterinary behaviorist, or another
recognized expert shall be relevant to the court's determination as to
whether the dog's behavior was justified pursuant to the provisions of this
subdivision.

5. (a) The owner of a dog found to be a "dangerous dog" pursuant to
this section may appeal such determination, and/or the court's order
concerning disposition of the dog to the court having jurisdiction to
hear civil appeals in the county where the "dangerous dog" finding was
made. The owner shall commence such appeal by filing a notice of appeal
with the appropriate court within thirty days of the final order pursuant
to this section. Court rules governing civil appeals in the appropriate
jurisdiction shall govern the appeal of a determination under this
section.

(b) Upon filing a notice of appeal from an order of humane euthanasia
pursuant to this section, such order shall be automatically stayed pending
final determination of any appeal. In all other circumstances, the owner of
the dog may make application to the court to issue a stay of disposition
pending determination of the appeal.

6. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a person, service dog, guide dog or hearing
dog causing physical injury shall be subject to a civil penalty not to
exceed four hundred dollars in addition to any other applicable penalties.

7. The owner of a dog who, through any act or omission, negligently
permits his or her dog to bite a person causing serious physical injury
shall be subject to a civil penalty not to exceed one thousand five hundred
dollars in addition to any other applicable penalties. Any such penalty may
be reduced by any amount which is paid as restitution by the owner of the
dog to the person or persons suffering serious physical injury as
compensation for unreimbursed medical expenses, lost earnings and other
damages resulting from such injury.

8. The owner of a dog who, through any act or omission, negligently
permits his or her dog, which had previously been determined to be
dangerous pursuant to this article, to bite a person causing serious
physical injury, shall be guilty of a misdemeanor punishable by a fine of
not more than three thousand dollars, or by a period of imprisonment not to
exceed ninety days, or by both such fine and imprisonment in addition to
any other applicable penalties. Any such fine may be reduced by any amount
which is paid as restitution by the owner of the dog to the person or
persons suffering serious physical injury as compensation for unreimbursed
medical expenses, lost earnings and other damages resulting from such
injury.

9. If any dog, which had previously been determined by a judge or justice
to be a dangerous dog, as defined in section one hundred eight of this
article, shall without justification kill or cause the death of any person
who is peaceably conducting himself or herself in any place where he or she
may lawfully be, regardless of whether such dog escapes without fault of
the owner, the owner shall be guilty of a class A misdemeanor in addition
to any other penalties.

10. The owner or lawful custodian of a dangerous dog shall, except in the
circumstances enumerated in subdivisions four and eleven of this section,
be strictly liable for medical costs resulting from injury caused by such
dog to a person, companion animal, farm animal or domestic animal.

11. The owner shall not be liable pursuant to subdivision six, seven,
eight, nine or ten of this section if the dog was coming to the aid or
defense of a person during the commission or attempted commission of a
murder, robbery, burglary, arson, rape in the first degree as defined in
subdivision one or two of section 130.35 of the penal law, criminal
sexual act in the first degree as defined in subdivision one or two of
section 130.50 of the penal law or kidnapping within the dwelling or upon
the real property of the owner of the dog and the dog injured or killed
the person committing such criminal activity.

12. Nothing contained in this section shall limit or abrogate any claim
or cause of action any person who is injured by a dog with a vicious
disposition or a vicious propensity may have under common law or by
statute. The provisions of this section shall be in addition to such common
law and statutory remedies.

13. Nothing contained in this section shall restrict the rights and
powers derived from the provisions of title four of article twenty-one of
the public health law relating to rabies and any rule and regulation
adopted pursuant thereto.

14. Persons owning, possessing or harboring dangerous dogs shall report
the presence of such dangerous dogs pursuant to section two hundred nine-cc
of the general municipal law.

§ 121-a Agric. & Mkts. Exemption from civil liability.

1. If any dog shall, without justification, attack a person, or behaves
in a manner which a reasonable person would believe poses a serious and
unjustified imminent threat of serious physical injury to a person, when
such person is peaceably conducting himself in a place where he may
lawfully be, such person or any other person witnessing the attack or
threatened attack may destroy such dog while so attacking, and no liability
in damages or otherwise shall be incurred on account of such destruction.

2. If any dog shall, without justification, attack a companion animal,
farm animal or domestic animal, or shall behave in a manner which a
reasonable person would believe poses a serious and unjustified imminent
threat of serious physical injury or death to a companion animal, farm
animal or domestic animal, where such animal is in any place where it may
lawfully be, the owner or caretaker of such animal, or any other person
witnessing the attack, may destroy such dog, and no liability in damages or
otherwise shall be incurred on account of such destruction.

§ 124 Agric. & Mkts. Local laws or ordinances.

1. Any municipality may enact a local law or ordinance upon the keeping
or running at large of dogs and the seizure thereof, provided no
municipality shall vary, modify, enlarge or restrict the provisions of this
article relating to identification, licensing, rabies vaccination and
euthanization.

2. Such local law or ordinance may:

(a) impose penalties for violation of such restrictions to be recovered
in a civil action in the name of such municipality;

(b) provide for enforcement by fine or imprisonment for any such
violation; or

(c) provide for the issuance pursuant to the criminal procedure law of an
appearance ticket, or in lieu thereof, a uniform appearance ticket, or in
lieu thereof, a uniform appearance ticket and simplified information, as
provided in section one hundred fourteen of this article, by any dog
control officer, peace officer, acting pursuant to his special duties, or
police officer, who is authorized by any municipality to assist in the
enforcement of this article for any such violation.