Erie County, NY Animal Ordinances: Breed Restrictions (2026)

New York is one of about twenty states that statutorily prohibit breed-specific legislation (BSL). Agriculture & Markets Law §107(5) provides: "No municipality of this state shall enact or enforce any local law or ordinance that would apply to or affect any dog in a manner that is specific as to the breed or perceived breed of the dog." Because Erie County is a "municipality" within the meaning of §107, neither the County Legislature nor any town, city, or village in Erie County (including Buffalo, Cheektowaga, Amherst, Tonawanda, West Seneca, Lancaster, or Hamburg) may ban or impose extra restrictions on pit bulls, Rottweilers, Doberman pinschers, or any other breed.

What the law does authorize is individualized regulation of dangerous dogs under §123. A complaint may be filed in the local town, village, or city court; the judge then holds a hearing and may declare the specific dog "dangerous" if it attacked a person, pet, or domestic animal without justification or behaved in a manner that a reasonable person would believe poses a serious and unjustified imminent threat. Remedies include mandatory confinement, leashing and muzzling in public, microchipping, neutering, liability insurance, and — in cases involving serious physical injury or death — humane euthanasia. The determination must be based on the individual dog's conduct, not its breed (§123(2)(c)).