NY Agriculture and Markets Law 107(5) preempts breed-specific legislation. Rensselaer County and all municipalities cannot ban breeds. Dangerous dog determinations are behavior-based under AGM 123.
New York Agriculture and Markets Law 107(5) explicitly prohibits municipalities from enacting breed-specific legislation: 'no dog shall be declared dangerous based solely upon the breed of such dog.' Rensselaer County, the City of Troy, and all county towns therefore cannot ban or restrict pit bulls, Rottweilers, or any other breed. Dangerous-dog determinations are instead made under AGM 123 through a municipal court hearing where the dog's individual behavior is judged. Owners of a dog adjudicated dangerous must comply with court-ordered conditions: secure confinement, muzzling in public, liability insurance up to $100,000, microchipping, and spay/neuter. Landlords and homeowner insurers may still impose breed restrictions privately.
AGM 123 violations: $400 fine if dangerous dog causes physical injury; $1,500-$3,000 if serious injury; $5,000 and/or 2 years if fatal. Failure to comply with dangerous-dog order: $1,000 and/or 90 days jail per AGM 118.
Rensselaer County, NY
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See how Rensselaer County's breed restrictions rules stack up against other locations.
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