119 - Disposition of fines.
* § 119. Violations. 1. It shall be a violation, punishable as provided in subdivision two of this section, for: (a) any owner to fail to license any dog; (b) any owner to fail to have any dog identified as required by this article; (c) any person to knowingly affix to any dog any false or improper identification tag, special identification tag for identifying guide, service or hearing dogs or purebred license tag; (f) any owner or custodian of any dog to fail to confine, restrain or present such dog for any lawful purpose pursuant to this article; (g) any person to furnish any false or misleading information on any form required to be filed with any municipality or the commissioner pursuant to the provisions of this article or rules and regulations promulgated pursuant thereto; (h) the owner or custodian of any dog to fail to exercise due diligence in handling his or her dog if the handling results in harm to another dog that is a guide, hearing or service dog. 2. It shall be the duty of the dog control officer of any municipality to bring an action against any person who has committed within such municipality any violation set forth in subdivision one of this section. Any municipality may elect either to prosecute such action as a violation under the penal law or to commence an action to recover a civil penalty. A violation of this section shall be punishable, subject to such an election, either: (a) where prosecuted pursuant to the penal law, by a fine of not more than twenty-five dollars, except that (i) where the person was found to have violated this section or former article seven of this chapter within the preceding five years, the fine may be not more than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than one hundred dollars or imprisonment for not more than fifteen days, or both; or (b) where prosecuted as an action to recover a civil penalty, by a civil penalty of not more than twenty-five dollars, except that (i) when the person was found to have violated this section or former article seven of this chapter within the preceding five years, the civil penalty may be not more than fifty dollars, and (ii) where the person was found to have committed two or more such violations within the preceding five years, the civil penalty may be not more than one hundred dollars. 3. A defendant charged with a violation of any provision of this article or any local law or ordinance promulgated pursuant thereto may himself plead guilty to the charge in open court. He may also submit to the magistrate having jurisdiction, in person, by duly authorized agent, or by registered mail, a statement (a) that he waives arraignment in open court and the aid of counsel, (b) that he pleads guilty to the offense charged, (c) that he elects and requests that the charge be disposed of and the fine or penalty fixed by the court, (d) of any explanation that he desires to make concerning the offense charged, and (e) that he makes all statements under penalty of perjury. Thereupon the magistrate may proceed as though the defendant had been convicted upon a plea of guilty in open court, provided however, that any imposition of fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full. If upon receipt of the aforesaid statement the magistrate shall deny the same, he shall thereupon notify the defendant of this fact, and that he is required to appear before the said magistrate at a stated time and place to answerthe charge which shall thereafter be disposed of pursuant to the applicable provisions of law. 4. Any person who shall violate any other provision of this article or rules and regulations promulgated pursuant thereto shall be subject to the penalty provisions of sections thirty-nine and forty of this chapter, but not section forty-one of this chapter. Such violations shall include, but not be limited to, the following: (a) failure of any owner of record to notify the commissioner of any change of ownership or address as required by section one hundred thirteen of this article; (b) failure of any person to perform any other duty or carry out any other requirement imposed pursuant to the provisions of this article or the rules and regulations promulgated pursuant thereto. Each day that failure continues shall constitute a separate violation. 5. For the purpose of participating in the "animal population control program" established under section one hundred seventeen-a of this article, it shall be a violation punishable as provided in subdivision six of this section, for: (a) any person to falsify proof of adoption from a pound, shelter, duly incorporated society for the prevention of cruelty to animals, humane society or dog or cat protective association or to falsify proof of participation in any of the programs enumerated in paragraph (b) of subdivision two of section one hundred seventeen-a of this article; (b) any person to furnish any licensed veterinarian of this state with inaccurate information concerning his or her residency or the ownership of an animal or such person's authority to submit an animal for a spaying or neutering procedure pursuant to section one hundred seventeen-a of this article or to knowingly furnish the department or any licensed veterinarian of this state with inaccurate information concerning his or her participation in any of the programs enumerated in paragraph (b) of subdivision two of section one hundred seventeen-a of this article; (c) any licensed veterinarian to furnish the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to subdivision four of section one hundred seventeen-a of this article. 6. Any person or veterinarian who violates the provisions of subdivision five of this section or any rule or regulation promulgated by the commissioner to carry out the provisions of section one hundred seventeen-a of this article shall be subject to a fine of not more than two hundred fifty dollars where prosecuted pursuant to the penal law, or where prosecuted as an action to recover a civil penalty of not more than two hundred fifty dollars. 7. Any person who intentionally refuses, withholds, or denies a person, because they are accompanied by an on-duty police work dog, working search, war, or detection dog as defined in section one hundred eight of this article, any accommodations, facilities, or privileges thereof shall be subject to a civil penalty of up to two hundred dollars for the first violation and up to four hundred dollars for each subsequent violation. * NB Effective until January 1, 2011 * § 119. Disposition of fines. Notwithstanding any other provision of law, all moneys collected as fines or penalties by any municipality as a result of any prosecution for violations of the provisions of this article or any local law or ordinance and all bail forfeitures by persons charged with such violations shall be the property of the municipality and shall be paid to the financial officer of such municipality. Such moneys shall be used only for controlling dogs andenforcing this article and any rule, regulation, or local law or ordinance adopted pursuant thereto, including subsidizing the spaying or neutering of dogs and any facility as authorized under section one hundred sixteen of this article used therefor, and subsidizing public humane education programs in responsible dog ownership. * NB Effective January 1, 2011