T A B L E O F C O N T E N T S P RT I A ... - Broome County

§ 115-10 DOGS AND OTHER ANIMALS
§ 115-12
ARTICLE III
Decisions Regarding Dog Damages
[Adopted 3-22-1988 by L.L. No. 3-1988]
§ 115-10. Commissioner of Finance authorized to review decisions.
The Broome County Commissioner of Finance is authorized to review decisions of Town
Assessors or other designated town officials regarding claims made pursuant to Agriculture
and Markets Law § 125.
§ 115-11. Investigations.
A. The Broome County Director of Security, upon request of the Broome County
Commissioner of Finance or the claimant, shall, within 20 days of receipt of such
request, cause an investigation of the facts and circumstances surrounding a claim made
pursuant to Agriculture and Markets Law § 125.
B. The Director of Security, upon receipt of such request from the Commissioner of Finance
or the claimant, shall cause an investigation to be made of the alleged attack upon the
claimant's domestic animals, the facts surrounding such attack and the amount of damage
incurred by the claimant thereby for which indemnification should be made.
C. The claimant shall permit the Director of Security or his authorized representative to
enter the premises on which the attack is alleged to have occurred and shall furnish the
Director of Security or his authorized representative whatever information and proof may
be available to the claimant and may be necessary for the Director or his authorized
representative to complete his investigation. Upon completion of his investigation, the
Director shall decide whether the attack was in fact made by a dog upon a domestic
animal, as defined in § 108 of the Agriculture and Markets Law, and whether the owner
had taken reasonable steps to prevent the damage done.
D. If the Director so finds, he shall recommend confirmation or denial of the determination
of the Town Assessor or designated town official. The Director may also recommend
modification of the decision of the Town Assessor or designated town official as may
appear proper in view of the facts. The recommendations of the Director shall be in
writing and forwarded to the Commissioner of Finance and the claimant.
§ 115-12. Result of investigation; report to claimant.
Upon receipt of the recommendation of the Director of Security, the Commissioner of Finance
will confirm or deny these recommendations in writing. The Commissioner will forward a
copy of said confirmation or denial to the claimant within 20 days of receipt of the
recommendations of the Director of Security. The Commissioner will also enclose a certificate
of indemnity due the claimant.
115:5
06 - 01 - 2009