2006 New York Code - Definitions.


 
    § 108. Definitions.   As   used  in  this  article,  unless  otherwise
  expressly stated or  unless  the  context  or  subject  matter  requires
  otherwise:
    1.  "Adoption" means the delivery to any natural person eighteen years
  of age or older, for the limited purpose of harboring a pet, of any dog,
  seized or surrendered, or any cat.
    3. "Clerk" means the clerk of any town, city or village where licenses
  are validated or issued pursuant to this article.
    4. "Commissioner" means the  state  commissioner  of  agriculture  and
  markets.
    5. "Dog" means any member of the species canis familiaris.
    6.   "Dog  control  officer"  means  any  individual  appointed  by  a
  municipality to assist  in  the  enforcement  of  this  article  or  any
  authorized  officer, agent or employee of an incorporated humane society
  or similar incorporated dog protective association under contract with a
  municipality to assist in the enforcement of this article.
    7. "Domestic animal" means  any  domesticated  sheep,  horse,  cattle,
  fallow  deer,  red deer, sika deer, whitetail deer which is raised under
  license from the department of environmental conservation, llama,  goat,
  swine,  fowl,  duck,  goose,  swan,  turkey,  confined  domestic hare or
  rabbit, pheasant or other bird which  is  raised  in  confinement  under
  license  from  the state department of environmental conservation before
  release from captivity, except that the varieties of fowl commonly  used
  for  cock  fights  shall  not  be  considered  domestic  animals for the
  purposes of this article.
    8. "Euthanize" means to bring about death by a humane method.
    9. "Guide dog" means any dog that is trained to aid a  person  who  is
  blind  and  is  actually  used  for  such purpose, or any dog owned by a
  recognized guide dog training center located within the state during the
  period such dog is being trained or bred for such purpose.
    10. "Harbor" means to provide food or shelter to any dog.
    11. "Identification tag" means a tag  which  sets  forth  an  official
  identification number as required by the provisions of this article.
    12.  "Identified  dog" means any dog carrying an identification tag as
  provided in section one hundred twelve of this article.
    13. "Municipality" means any county, town, city and village.
    14. "Official identification number" means a series or combination  of
  letters, numbers or symbols approved and furnished by the commissioner.
    15. "Owner" means any person who harbors or keeps any dog.
    16.  "Owner of record" means the person in whose name any dog was last
  licensed pursuant to  either  subdivision  one  or  subdivision  two  of
  section  one hundred nine of this article, except that if any license is
  issued on application of a person under eighteen years of age, the owner
  of record shall be deemed to be the parent or guardian of  such  person.
  If it cannot be determined in whose name any dog was last licensed or if
  the  owner of record has filed a statement pursuant to the provisions of
  section one hundred thirteen of this article, the owner shall be  deemed
  to be the owner of record of such dog, except that if the owner is under
  eighteen  years  of  age,  the owner of record shall be deemed to be the
  parent or guardian of such person.
    17.  "Person"  means   any   individual,   corporation,   partnership,
  association  or other organized group of persons, municipality, or other
  legal entity.
    18. "Police work dog" means any dog owned or harbored by any state  or
  municipal  police  department  or  any  state or federal law enforcement
  agency, which has been trained to aid law enforcement  officers  and  is
  actually being used for police work purposes.
    19.  "Recognized  registry association" means any registry association
  that operates  on  a  nationwide  basis,  issues  numbered  registration
  certificates   and  keeps  such  records  as  may  be  required  by  the
  commissioner.
    20.  "War  dog" means any dog which has been honorably discharged from
  the United States armed services.
    21. "Hearing dog" means any dog that is trained to aid a person with a
  hearing impairment and is actually used for such  purpose,  or  any  dog
  owned  by  a  recognized training center located within the state during
  the period such dog is being trained or bred for such purpose.
    22. "Service dog" means any dog that has been or is being individually
  trained to do work or perform tasks for the benefit of a person  with  a
  disability,  provided that the dog is or will be owned by such person or
  that person's parent, guardian or other legal representative.
    23. "Person with a disability" means any person with a  disability  as
  that  term  is  defined in subdivision twenty-one of section two hundred
  ninety-two of the executive law.
    24. (a) "Dangerous dog" means any dog which (i) without  justification
  attacks  a  person,  companion  animal as defined in subdivision five of
  section three hundred fifty of this chapter, farm animal as  defined  in
  subdivision  four  of  section  three  hundred  fifty of this chapter or
  domestic animal as defined in subdivision  seven  of  this  section  and
  causes  physical  injury  or  death, or (ii) behaves in a manner which a
  reasonable person would believe poses a serious and unjustified imminent
  threat of serious physical injury or  death  to  one  or  more  persons,
  companion  animals,  farm  animals  or domestic animals or (iii) without
  justification attacks a service dog, guide dog or hearing dog and causes
  physical injury or death.
    (b) "Dangerous dog" does not include a police work dog, as defined  in
  subdivision eighteen of this section, which acts in the manner described
  in this paragraph while such police work dog is being used to assist one
  or  more  law  enforcement officers in the performance of their official
  duties.
    25. "Working search dog" means any dog that is trained to aid  in  the
  search  for  missing  persons,  is actually used for such purpose and is
  registered with the department; provided, however,  that  such  services
  provided by said dog shall be performed without charge or fee.
    26.  "Therapy  dog" means any dog that is trained to aid the emotional
  and physical health of patients in hospitals, nursing homes,  retirement
  homes  and  other settings and is actually used for such purpose, or any
  dog owned by a recognized  training  center  located  within  the  state
  during the period such dog is being trained or bred for such purpose.
    27. "Detection dog" means any dog that is trained and is actually used
  for  such  purposes or is undergoing training to be used for the purpose
  of  detecting  controlled  substances,  explosives,  ignitable  liquids,
  firearms, cadavers, or school or correctional facility contraband.
    28.  "Physical  injury"  means  impairment  of  physical  condition or
  substantial pain.
    29. "Serious physical injury" means physical injury  which  creates  a
  substantial  risk  of  death,  or  which  causes  death  or  serious  or
  protracted disfigurement, protracted impairment of health or  protracted
  loss or impairment of the function of any bodily organ.


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