125 - Indemnification for dog damage.
* § 125. Indemnification for dog damage. 1. Each county shall be liable for damage done within the county by dogs to domestic animals, including such veterinary fees and costs as may arise from such damage or injury. Indemnification therefor shall be made in the manner provided by this section. Such indemnification shall not exceed the actual damage. In no event shall indemnification exceed: (a) eight hundred dollars for each animal, in the case of horses or cattle; (b) fifteen dollars for each domesticated fowl, duck, goose, swan, turkey, pheasant or other bird which is raised in confinement under license from the state department of environmental conservation before release from captivity, and confined domestic hare or rabbit; (c) one hundred dollars for any other domestic animal as defined in this article; (d) twelve hundred dollars for each animal, in the case of registered purebred dairy and beef cattle or of purebred dairy and beef cattle eligible for registration and less than one year of age; (e) two hundred fifty dollars for each animal, in the case of each registered purebred sheep, goat or swine, or of purebred sheep, goat or swine eligible for registration and less than one year of age; (f) three hundred fifty dollars for each fallow deer, red deer, sika deer, whitetail deer which is raised under license from the department of environmental conservation or each llama. 2. No indemnification shall be paid for fowl of the varieties commonly used for cock fights. 3. The name of the owner of the dog causing the damage, if known, shall be reported to the financial officer of the county and such owner shall be liable to the county in reimbursement for any amounts paid by the county for such indemnification, in an action to be brought in the name of the county by the financial officer of the county or the county dog control officer in a court of competent jurisdiction. 4. The owner of a domestic animal injured or killed as a result of being attacked, chased or worried by any dog shall, immediately upon the discovery of such injury or death, notify the nearest assessor of the city or town where the damage was done of the fact of such injury or death, and that the owner claims indemnity therefor and requires that the damage be determined. The assessor or any other individual designated in writing by the governing body of the city or town shall immediately inquire into the matter and shall examine the animal injured or killed and, if he deems it necessary, shall examine witnesses in relation thereto. If the assessor or designated individual is satisfied that the injuring or killing of the animal was caused by a dog, and that the owner of the animal had taken reasonable precautions to prevent the damage done, the assessor or designated individual shall determine the amount of the damage apparent at the time and make a report of the amount of damages. Provided, however, that if the amount of damage is determined by the assessor or designated individual to be more than four hundred dollars, the assessor or designated individual shall immediately give notice of the claim to all the other assessors or designated individuals, if any, of the city or town, or a majority of them, who shall, within three days, inquire into the matter and make a report in the manner provided above. The report shall be promptly filed with the financial officer of the county and the commissioner, and a copy provided to the claimant. 5. The governing body of any county may establish by local law a procedure for reviewing the decision of the assessor or designated individual. If a procedure has been established, the claimant or financial officer of the county may, within twenty days after thereceipt of the report of any assessor or designated individual, if dissatisfied with the amount of the damages stated therein, request a review pursuant to the procedure established by the governing body of the county. The decision after review shall be in writing and copies thereof shall be mailed to the financial officer of the county, the claimant and the commissioner. 6. In the event that the county shall not have established a procedure for review of the decision such review shall be made by the commissioner. Upon receipt of such request, the commissioner shall cause an investigation to be made of the alleged attack upon the claimant's domestic animal, the facts surrounding such attack, and the amount of damage incurred thereby for which indemnification should be made in accordance with the intent of this section. The claimant shall permit the commissioner or his authorized representative to enter the premises on which the attack is alleged to have been made and shall furnish to the commissioner or his representative whatever information and proof may be available to the claimant and may be deemed necessary by the commissioner or his representative to complete the investigation. Upon completion of the investigation, the commissioner shall decide whether the attack was in fact made by a dog upon a domestic animal, as defined in section one hundred eight of this article, and whether the owner had taken reasonable precautions to prevent the damage done and, if he so finds, shall either confirm or deny the determination of the assessor or designated individual, or modify it as may appear proper and adequate in view of the facts. The decision of the commissioner shall be in writing, and copies thereof shall be mailed to the financial officer of the county and the claimant. 7. After the expiration of twenty days from the filing of the assessor's or designated individual's report with the financial officer of the county, such officer shall mail to the claimant a certificate of indemnity due to the claimant, provided however, that in those counties where a review procedure has been established and a request for a review has been presented, such certificate shall be mailed to the claimant upon the filing of a copy of the decision, after review, with the county financial officer. The financial officer shall retain a copy of the certificate and shall mail a copy to the commissioner. 8. If, subsequent to the determination of damage, it develops that damage, which was not apparent at the time of determination, was caused to any domestic animal, a supplemental notice of claim for such damage shall be promptly given by the claimant upon discovery thereof to the assessor at any time within six months after the discovery of the original damage. Such notice shall set forth the facts upon which the additional claim was based. The same proceedings shall thereupon be had as upon the original claim. 9. The amount of the damage determined as hereinbefore provided shall be paid by the financial officer of the county to the claimant, upon presentation of the aforesaid certificate, from the funds received by such officer pursuant to section one hundred eleven of this article, and if such funds shall be insufficient therefor, then from such other funds as shall be raised by the county governing body, in the manner that funds are raised to pay other county charges. * NB Repealed January 1, 2011