NEW YORK CITY (PIX11) – After an Upper West Side attack left a small dog fighting for her life, lawmakers are working on legislation to hold ‘negligent’ pet owners accountable. 

A small chihuahua named Penny is recovering after being attacked by two pit bulls near Columbus Avenue and West 85th Street on Saturday evening, according to her owner, Lauren Claus. The “horrific” attack was caught on video and has inspired legislation.

“People are scared to death that those dogs could return to the streets, I agree… They should not be roaming the streets,” said City Council Member Gale Brewer, who is drafting legislation related to dog attacks. “It seemed like something the police should get involved in.”

City drafting legislation that would punish dog owners for attacks

New legislation would create criminal consequences for owners in dog attacks like Penny’s, according to Brewer and Assemblymember Jenifer Rajkumar, who is proposing similar legislation at the state level. 

Rajkumar’s bill, dubbed “Penny’s Law,” will criminalize negligent dog handling in the case of a dog attack. It will also criminalize leaving the scene – enforced similarly to a hit-and-run – and crack down on owners who let their dogs off-leash illegally.

“Currently, people get away with letting their dogs attack or kill other dogs,” Rajkumar said. “Often it is the same people again and again.” 

At the city level, Brewer is drafting legislation that would create punishments for dog attacks similar to animal cruelty, she said. 

Department of Health decides if dog is deemed ‘dangerous’

As it stands, there isn’t much recourse in an attack like Penny’s. An owner’s best bet is to sue, according to the lawmakers. 

After a dog attack, the NYPD puts the aggressor into custody with Animal Care Centers of NYC for a 10-day rabies evaluation period. The Department of Health has the authority to determine whether and how the dog is released to its owner, according to the city’s health code. 

If the dog is deemed “dangerous,” the Health Department can require humane euthanasia or certain release conditions, like a muzzle in public spaces or confinement on the owner’s property. 

“For cases where a dog bite is severe or if the dog has a bite history, the Health Department investigates and may take enforcement action against the dog owner, including to impose conditions on the dog. If a dog poses an immediate danger, call 911,” said a spokesperson for the department.

But these enforcement measures go out the window if the NYPD doesn’t show up or the owner leaves the scene of the attack, like in Penny’s case, the lawmakers said. 

NYC dogs have been involved in other attacks: Locals

Locals have recognized the dogs in Saturday’s attack, and say they’ve been involved in other violent attacks. In that case, “Penny’s Law” would have prevented Saturday’s attack from happening, Rajkumar said. 

After a long surgery, Penny is still in the ICU but on the road to recovery. Hundreds of people have rallied behind the chihuahua’s family, donating over $37,000 to a GoFundMe page. This exceeded the GoFundMe’s original $25,000 goal.

The Health Department suggests anyone who has been bitten by a dog consult with a health care provider and report the bite to the Health Department online or by calling 311.