§ 106-33. Prohibitions.

A. 

If any dog shall attack any domestic animal, as defined in § 106-32 of this article, while such animal is in any place where it may lawfully be present, the owner or caretaker of such, or any other person witnessing such attack, may, for the purpose of preventing the killing or injury of such domestic animal, destroy such dog while so attacking, and no liability in damages or otherwise shall be incurred on account of such destruction.

B. 

Any person may make a complaint of an attack upon a domestic animal to a Town of Babylon Dog Control Officer. Such Officer shall immediately inform the complainant of his right to commence a proceeding as provided in Subsection C of this section, and, if there is reason to believe the dog is a dangerous dog, the Officer shall forthwith commence such proceeding himself.

C. 

Any person may, and any Town of Babylon Dog Control Officer shall, make a complaint under oath or affirmation to any municipal judge or justice of such attack. The judge or justice shall then immediately determine if there is probable cause to believe the dog is a dangerous dog and, if so, shall issue an order to any Town of Babylon 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 herein provided. Whether or not the judge or justice finds there is probable cause for such seizure, he or she 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. If satisfied that the dog is a dangerous dog, the judge or justice shall then order any Town of Babylon dog control officer; peace officer, acting pursuant to his special duties; or police officer to cause the dog to be euthanized immediately, or shall order the owner to securely confine such dog permanently, except as provided in Subsection E of this section. The owner shall confine the dog indoors or in an enclosed and locked pen or structure as provided for in the order. Such pen or enclosure shall have a secure top and sides and shall be designed to prevent an unauthorized entry of a person, the escape of the dog, and provide protection from the elements. If the owner fails to confine the dog as required by such order, any Town of Babylon dog control officer; peace officer, acting pursuant to his special duties; or police officer shall destroy such dog on or off the premises of the owner.

D. 

A dog shall not be declared dangerous if the Court determines that the conduct of the dog:

(1) 

Was justified because the threat, injury or damage was sustained by a domestic animal under the dominion and control of 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;

(2) 

Was justified because the injured domestic animal was tormenting, abusing or assaulting the dog or has in the past tormented, abused, or assaulted the dog; or

(3) 

Was responding to pain or injury, or was protecting itself, its kennels or its offspring.

E. 

Restraint and muzzling.

(1) 

In addition to an order of confinement issued pursuant to Subsection C of this section, the judge or justice may order the owner or custodian to securely chain and muzzle the dog and require that the dog be under physical restraint of a responsible person when:

(a) 

Confined in the presence of persons other than the owner or custodian; and

(b) 

Outside such enclosure for brief periods only when and for the period necessary to urinate, defecate or receive medical treatment.

(2) 

The muzzle described in Subsection E(1) above shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.

F. 

Nothing contained herein shall limit or abrogate any claim or cause or action under common law or by statute. The provisions of this section shall be in addition to such common law and statutory remedies.

G. 

Nothing contained herein shall restrict the rights and powers derived from the provisions of Title IV, Article 21, of the New York Public Health Law relating to rabies and any rule and regulation adopted pursuant thereto.