§ 117. Seizure of dogs; redemption periods; impoundment fees;\nadoption. 1. Any dog control officer or peace officer, acting pursuant\nto his special duties, or police officer in the employ of or under\ncontract to a municipality shall seize:\n (a) any dog which is not identified and which is not on the owner's\npremises;\n (b) any dog which is not licensed, whether on or off the owner's\npremises;\n (c) any licensed dog which is not in the control of its owner or\ncustodian or not on the premises of the dog's owner or custodian, if\nthere is probable cause to believe the dog is dangerous; and\n (d) any dog which poses an immediate threat to the public safety.\n Promptly upon seizure the dog control officer shall commence a\nproceeding as provided for in subdivision two of section one hundred\ntwenty-three of this article.\n 1-a. Notwithstanding the seizure requirements provided in subdivision\none of this section, dog control officer or peace officer, acting\npursuant to his or her special duties, or police officer in the employ\nof or under contract to a municipality may, if there is no probable\ncause to believe the dog is dangerous, return any dog with a current\nlicense directly to the dog's owner or custodian of record at the\naddress provided on such dog's license.\n 2. Any dog control officer or peace officer, acting pursuant to his\nspecial duties, or police officer in the employ of or under contract to\na municipality may seize any dog in violation of any local law or\nordinance relating to the control of dogs, adopted by any municipality\npursuant to the provisions of this article.\n 3. Each dog seized in accordance with the provisions of this article\nshall be properly sheltered, fed and watered for the redemption period\nas hereinafter provided.\n 4. Each dog which is not identified, whether or not licensed, shall be\nheld for a period of five days from the day seized during which period\nthe dog may be redeemed by its owner, provided that such owner produces\nproof that the dog has been licensed and has been identified pursuant to\nthe provisions of this article and further provided that the owner pays\nthe following impoundment fees:\n (a) not less than ten dollars for the first impoundment of any dog\nowned by that person;\n (b) not less than twenty dollars for the first twenty-four hours or\npart thereof and three dollars for each additional twenty-four hours or\npart thereof for the second impoundment, within one year of the first\nimpoundment, of any dog owned by that person; or\n (c) not less than thirty dollars for the first twenty-four hours or\npart thereof and three dollars for each additional twenty-four hours or\npart thereof for the third and subsequent impoundments, within one year\nof the first impoundment, of any dog owned by that person.\n The impoundment fees set forth in paragraphs (a), (b) and (c) of this\nsubdivision notwithstanding, any municipality may set by local law or\nordinance such fees in any amount.\n 5. All impoundment fees shall be the property of the municipality to\nwhich they are paid and shall be used only for controlling dogs and\nenforcing this article and any rule, regulation, or local law or\nordinance adopted pursuant thereto, including subsidizing the spaying or\nneutering of dogs and any facility as authorized under section one\nhundred sixteen of this article used therefor, and subsidizing public\nhumane education programs in responsible dog ownership.\n 6. Promptly upon seizure of any identified dog, the owner of record of\nsuch dog shall be notified personally or by certified mail, return\nreceipt requested, of the facts of seizure and the procedure for\nredemption. If notification is personally given, such dog shall be held\nfor a period of seven days after day of notice, during which period the\ndog may be redeemed by the owner. If such notification is made by mail,\nsuch dog shall be held for a period of nine days from the date of\nmailing, during w
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