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