Albany, NY Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Basis
- behavior, not breed
- Hearing deadline
- City Court within 15 days
- Liability insurance
- $100,000 minimum
- Registration fee
- $40, with tattoo
- Max penalty
- $1,000 fine or 30 days jail
Summary
Albany has no breed-specific ban. City Code Chapter 115, Article VII lets an animal control officer seize any dog whose conduct meets the code's definition of "vicious" and have it declared vicious by the City Court, triggering mandatory insurance, tethering and registration.
VICIOUS DOG
A. Any dog:
(1) Which, when unprovoked, approaches a person in a vicious or terrorizing manner in an apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
(2) With a known propensity, tendency or disposition to attack unprovoked, cause injury or otherwise endanger the safety of human beings or domestic animals;
(3) Which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal or household pet without provocation on public or private property; or
(4) Owned or harbored primarily or in part for the purpose of dogfighting or any dog trained for dogfighting.
B. No dog may be declared vicious if any injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog or was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime. If the trespass is determined to be of an innocent nature, the court may, depending on the circumstances, and in accordance with the procedures set forth in § 115-23, find the dog to be vicious.
C. No dog may be declared vicious if it is used by law enforcement officials for law enforcement work.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Albany's vicious-dog law applies to any dog based on what it does, not its breed: unprovoked attacks, a known propensity to attack, or being kept for dogfighting (§ 115-22). Once an animal control officer has probable cause, the dog is impounded and the owner can demand a City Court hearing within 15 days (§ 115-23A). If the court finds the dog vicious, it can order destruction or release conditioned on $100,000 liability insurance, a dangerous-dog collar, a 3-foot/300-lb leash and muzzle, $40 registration and tattoo, a warning sign, and sterilization (§ 115-23B). Selling, breeding or giving away a vicious dog is separately prohibited (§ 115-27), and the article is supplemental to N.Y. Agriculture and Markets Law Article 7 (§ 115-29).
Violations & Fines
Up to $1,000 fine or 30 days in jail per offense (§ 115-28A); the court may instead order the dog destroyed; a declared vicious dog cannot be sold, bred, or given away in the City.
Frequently Asked Questions
Does Albany ban any dog breeds outright?
What must an owner do once a dog is declared vicious?
Sources & Official References
Other rules in Albany
How Albany compares: Cities with No Dog Breed Restrictions·New York rules heatmap·Compare Albany to another location·View the New York animal ordinances overview
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