My dog was killed by a neighbors dog in my fenced in backyard when the neighbors dog pushed through a section of fence and entered my yard. We sat eating quietly when we saw the dog approach and grab my dog by the throat. He snapped his windpipe. The owner was alerted by another neighbor and called him home. My dog was treated for a week through surgery and medical intervention but he didn't survive. They paid the vet bills but kept the dog; a Staffordshhire terrier pit breed. We wonder what if any recourse we have to provide for our safety.
My sincere condolences for the loss of your dog. This goes almost without saying but I suggest you have the fence secured to prohibit access by your neighbor's dog. People may contact the animal control officer or police in their municipality to commence a dangerous dog proceeding. Under New York State law, if a dog is declared dangerous, the judge must order spaying/neutering and microchipping and may order an evaluation by a behaviorist, secure confinement for a period of time, restraining the dog on a leash when in public by an adult of at least 21 years of age, muzzling when the dog is on public premises, and maintenance of a liability insurance policy. The judge may order euthanasia or permanent confinement for harm caused by the dog to other animals only under limited circumstances: ''the dog, without justification, caused serious physical injury or death to a companion animal, farm animal or domestic animal, and has, in the past two years, caused unjustified physical injury or death to a companion or farm animal as evidenced by a "dangerous dog" finding pursuant to the provisions of this section. Many localities have their own dangerous dog laws (including, for example, New York City) so people should check with their localities for more information. Local laws must be at least as stringent as the state law and may not be specific as to breed. Therefore, local laws in NY may not ban particular breeds.
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