108 - 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.    * NB Effective until January 1, 2011    * 3.  "Clerk"  means  the  clerk  of any county, town, city or village  where licenses are validated or issued pursuant to this article.    * NB Effective January 1, 2011    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.    * NB Effective until January 1, 2011    * 11.  "Identification  tag"  means  a  tag  issued  by  the licensing  municipality which sets forth an identification  number,  together  with  the   name   of  the  municipality,  the  state  of  New  York,  contact  information, including telephone number, for the municipality  and  such  other information as the licensing municipality deems appropriate.    * NB Effective January 1, 2011    * 12. "Identified dog" means any dog carrying an identification tag as  provided in section one hundred twelve of this article.    * NB Effective until January 1, 2011    * 12. "Identified dog" means any dog carrying an identification tag as  provided in section one hundred eleven of this article.    * NB Effective January 1, 2011    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.    * NB Repealed January 1, 2011    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  ofsection  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.    * NB Effective until January 1, 2011    * 16. "Owner of record" means the person in whose  name  any  dog  was  last  licensed  pursuant  to 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 twelve 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.    * NB Effective January 1, 2011    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 describedin 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.