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Brookhaven, NY Animal Ordinances: Pet Limits (2026)

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

Key Facts

Cap
10 dogs, 6 months+, per plot
More than 10
Board of Appeals special permit required
Permit standard
Decided under § 85-57B
Exempt
Existing nonconforming commercial kennels
Penalty
Up to $500 fine or 15 days-6 months

Summary

A residential plot in unincorporated Brookhaven may house no more than 10 dogs six months or older. Anyone wanting more must apply to the Zoning Board of Appeals for a special permit, which requires a filing fee and a biennial renewal fee set by Town Board resolution.

Housing or harboring dogs in residential districts. (1) The housing or harboring of dogs shall be permitted in any residential district on the following conditions: No more than 10 dogs, six months of age or older, shall be permitted on any plot in a residential district, except that, upon application, the Board of Appeals, at its discretion, may grant a special permit for the housing or harboring of more in a residential district. Nonconforming commercial kennels shall be exempt from these restrictions, but any other nonconforming housing or harboring of dogs existing at the time of the adoption of this chapter shall become illegal six months after the effective date of this chapter.

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

Town Code § 23-3K governs housing or harboring dogs in residential districts: no more than 10 dogs six months of age or older are permitted on any one plot, but the Board of Appeals may, at its discretion, grant a special permit allowing more. That special permit application carries a filing fee set by Town Board resolution, plus a separate biennial renewal fee, and the Board of Appeals decides it under the standards of § 85-57B, specifying the maximum number and general type of dogs allowed.

Nonconforming commercial kennels already operating are exempt from the 10-dog cap, but any other nonconforming housing or harboring of dogs in place when the chapter was adopted became illegal six months after its effective date. The limit counts only dogs six months and older, so a litter of puppies under that age does not count toward the cap. As with the rest of Chapter 23, this residential-district cap applies to the unincorporated Town; Brookhaven's incorporated villages set their own separate kennel and pet-limit rules.

Violations & Fines

Violating the § 23-3K residential dog limit is a misdemeanor under § 23-17B, punishable by a fine of up to $500 or imprisonment of 15 days to six months, or both, with each week of continued violation a separate offense. Unlike most Chapter 23 violations, § 23-17D bars issuing an appearance ticket for a § 23-3K violation, so the owner must answer in person.

Frequently Asked Questions

How many dogs can I legally keep at my Brookhaven home?
Up to 10 dogs six months of age or older on a single residential plot under § 23-3K(1). Puppies under six months are not counted toward that limit.
Can I get permission to keep more than 10 dogs?
Yes, but only by applying to the Board of Appeals for a special permit under § 23-3K(2), which is discretionary, requires a filing fee set by Town Board resolution, and is decided under the standards in § 85-57B.
What is the penalty for exceeding Brookhaven's dog limit?
It is a misdemeanor under § 23-17B punishable by a fine of up to $500 or 15 days to six months in jail, and each week the violation continues is treated as a separate offense.

Sources & Official References

Other rules in Brookhaven

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