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Brookhaven, NY Animal Ordinances: Breed Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Basis
Conduct, not breed (§ 23-2)
Pen setback
50 feet from property lines
Fence height
6-foot secure sides, locked
Leash outside pen
4 feet maximum
Minimum insurance
$100,000 liability (§ 23-3O)
Serious-injury bite
Up to $1,000 fine / 15-90 days

Summary

Brookhaven does not ban dogs by breed; § 23-5 instead locks down any dog a court has adjudicated dangerous based on its conduct. Confinement requires a locked, permitted pen 50 feet from property lines with 6-foot sides, a warning sign, a 4-foot leash and a muzzle whenever the dog is out.

All dangerous dogs shall be securely confined indoors or in a secure, enclosed and locked pen or kennel. The pen, kennel or structure shall be in the rear yard, shall be at least 50 feet from the property lines and have secure sides of six feet in height, and a Town-issued building permit shall be required. The structure shall be locked when the dog is within the structure. The structure shall also have a secure bottom or floor attached to the sides and have a conspicuous sign displaying the words "dangerous dog" in letters no less than four inches high and one inch wide, visible at 50 feet, and the name and telephone number of the person owning, harboring or in control of said dangerous dog. No person, owner or harborer of a dangerous dog shall permit such dog outside its pen, kennel or structure unless the dog is securely leashed with a leash no longer than four feet in length.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Chapter 23's DANGEROUS DOG definition in § 23-2 is behavior-based, not breed-based: a dog that attacks a person or another animal without justification, or behaves in a way a reasonable person would see as an imminent threat of serious injury or death, unless it is a police work dog performing its duties. Once a court imposes § 23-5 confinement under Agriculture and Markets Law § 123(2), the dog must be kept indoors or in a secure, locked pen or kennel in the rear yard, at least 50 feet from property lines, with 6-foot sides, a Town building permit, a secure floor, and a sign at least 4 inches high reading "dangerous dog" with the keeper's name and phone number visible from 50 feet.

Outside the pen the dog must be muzzled and leashed on a leash no longer than four feet, held at all times by a person in physical control (never tied to a tree, post or building), and no one under 21 may walk it; an owner may not walk more than one dangerous dog at once, and the dog cannot be kept on a porch, patio or behind only screens or open windows that would let it escape on its own. Owners must register the dog with the Town Clerk under § 23-3N and carry at least $100,000 in public liability insurance under § 23-3O, with 30 days' notice to the Clerk before the policy can be cancelled.

Violations & Fines

Negligently letting a dangerous dog bite another animal causing physical injury draws a civil penalty up to $400 (§ 23-17E), or up to $800 for serious physical injury (§ 23-17F). If a dog previously adjudicated dangerous bites and seriously injures a person or animal, the owner is guilty of a misdemeanor under § 23-17G, punishable by a fine up to $1,000 or 15 to 90 days' imprisonment, or both.

Frequently Asked Questions

Does Brookhaven ban specific dog breeds like pit bulls?
No. Chapter 23 does not restrict any dog by breed. Its "dangerous dog" designation under § 23-2 turns entirely on a specific dog's conduct, such as an unjustified attack causing injury or death, not its breed.
How far from my property line must a dangerous dog's pen be in Brookhaven?
At least 50 feet, per § 23-5A. The pen must also be in the rear yard, have locked, 6-foot secure sides and a solid floor, and require a Town-issued building permit before it can be used.
What insurance does a Brookhaven dangerous dog owner need?
Section 23-3O requires a certificate of public liability insurance of at least $100,000 per incident for bodily injury, death or property damage, with the insurer required to give the Town Clerk 30 days' notice before cancelling the policy.

Sources & Official References

Other rules in Brookhaven

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How Brookhaven compares: Cities with No Dog Breed Restrictions·New York rules heatmap·Compare Brookhaven to another location·View the New York animal ordinances overview

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