§ 106-34. Penalties for offenses.

A. 

The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing physical injury shall be subject to a civil penalty not to exceed $400, in addition to any other applicable penalties.

B. 

The owner of a dog who, through any act or omission, negligently permits his or her dog to bite a domestic animal causing serious physical injury shall be subject to a civil penalty not to exceed $800 in addition to any other applicable penalties.

C. 

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 state or local law, to bite a domestic animal, or a person, causing serious physical injury, shall be guilty of a misdemeanor punishable by a fine of not more than $1,000, or by a period of imprisonment not to exceed 90 days, or by both such fine and imprisonment in addition to any other applicable penalties.

D. 

If any dog, which had previously been determined by a judge or justice to be a dangerous dog as defined in § 106-32 of this article, shall, without justification, kill or cause the death of any domestic animal, or a person, who is peaceably conducting itself, himself or herself in any place where it, he or she may lawfully be present, regardless of whether such dog escaped without fault of the owner, the owner shall be guilty of a Class A Misdemeanor, in addition to any other penalties.

E. 

The owner shall not be liable pursuant to Subsections A, B, C or D of this section if the dog was coming to the aid or defense of a person during the commission or attempted commission or a murder, robbery, burglary, arson, rape in the first degree as defined in § 130.35, Subdivision 1 or 2, of the New York Penal Law, sodomy in the first degree as defined in § 130.50, Subdivision 1 or 2, of the New York 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.