§ 123. Dangerous dogs. 1. Any person who witnesses an attack or\nthreatened attack, or in the case of a minor, an adult acting on behalf\nof such minor, may make a complaint of an attack or threatened attack\nupon a person, companion animal as defined in section three hundred\nfifty of this chapter, farm animal as defined in such section three\nhundred fifty, or a domestic animal as defined in subdivision seven of\nsection one hundred eight of this article to a dog control officer or\npolice officer of the appropriate municipality. Such officer shall\nimmediately inform the complainant of his or her right to commence a\nproceeding as provided in subdivision two of this section and, if there\nis reason to believe the dog is a dangerous dog, the officer shall\nforthwith commence such proceeding himself or herself.\n 2. Any person who witnesses an attack or threatened attack, or in the\ncase of a minor, an adult acting on behalf of such minor, may, and any\ndog control officer or police officer as provided in subdivision one of\nthis section shall, make a complaint under oath or affirmation to any\nmunicipal judge or justice of such attack or threatened attack.\nThereupon, the judge or justice shall immediately determine if there is\nprobable cause to believe the dog is a dangerous dog and, if so, shall\nissue an order to any dog control officer, peace officer, acting\npursuant to his or her special duties, or police officer directing such\nofficer to immediately seize such dog and hold the same pending judicial\ndetermination as provided in this section. Whether or not the judge or\njustice finds there is probable cause for such seizure, he or she shall,\nwithin five days and upon written notice of not less than two days to\nthe owner of the dog, hold a hearing on the complaint. The petitioner\nshall have the burden at such hearing to prove the dog is a "dangerous\ndog" by clear and convincing evidence. If satisfied that the dog is a\ndangerous dog, the judge or justice shall then order neutering or\nspaying of the dog, microchipping of the dog and one or more of the\nfollowing as deemed appropriate under the circumstances and as deemed\nnecessary for the protection of the public:\n (a) evaluation of the dog by a certified applied behaviorist, a board\ncertified veterinary behaviorist, or another recognized expert in the\nfield and completion of training or other treatment as deemed\nappropriate by such expert. The owner of the dog shall be responsible\nfor all costs associated with evaluations and training ordered under\nthis section;\n (b) secure, humane confinement of the dog for a period of time and in\na manner deemed appropriate by the court but in all instances in a\nmanner designed to: (1) prevent escape of the dog, (2) protect the\npublic from unauthorized contact with the dog, and (3) to protect the\ndog from the elements pursuant to section three hundred fifty-three-b of\nthis chapter. Such confinement shall not include lengthy periods of\ntying or chaining;\n (c) restraint of the dog on a leash by an adult of at least twenty-one\nyears of age whenever the dog is on public premises;\n (d) muzzling the dog whenever it is on public premises in a manner\nthat will prevent it from biting any person or animal, but that shall\nnot injure the dog or interfere with its vision or respiration; or\n (e) maintenance of a liability insurance policy in an amount\ndetermined by the court, but in no event in excess of one hundred\nthousand dollars for personal injury or death resulting from an attack\nby such dangerous dog.\n 3. Upon a finding that a dog is dangerous, the judge or justice may\norder humane euthanasia or permanent confinement of the dog if one of\nthe following aggravating circumstances is established at the judicial\nhearing held pursuant to subdivision two of this section:\n (a) the dog, without justification, attacked a person causing serious\nphysical injury or death; or\n (b) the dog has a known vicious
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