Breed Restrictions: Buffalo vs Clarence
How do breed restrictions rules compare between Buffalo, NY and Clarence, NY?
Buffalo and Clarence have similar restriction levels.
Buffalo, NY
Erie County
Buffalo has no breed-specific legislation. NY Agriculture and Markets Law section 107(5) preempts local breed bans statewide since 1997. Dangerous-dog determinations are based on individual behavior, not breed.
View full Buffalo rules →Clarence, NY
Erie County
Erie County has no breed-specific dog ban, and neither county nor any municipality within it may adopt one. New York Agriculture & Markets Law §107(5) expressly preempts local laws that regulate dogs by breed; any "dangerous dog" determination in Erie County must be made on the individual animal's behavior under §123, regardless of pit bull, Rottweiler, or other breed identity.
View full Clarence rules →Key Facts Comparison
| Fact | Buffalo | Clarence |
|---|---|---|
| Breed Bans | Preempted by state | - |
| State Preemption | NY AG and Markets 107(5) | - |
| Dangerous Dog | Behavior-based under 123 | - |
| Insurance | May be court-ordered | - |
| - | - |
Highlighted rows indicate differences between cities.
Buffalo FAQ
Can Buffalo ban pit bulls?
No. NY state law preempts all breed-specific legislation.
What makes a dog legally dangerous in Buffalo?
A judge must make a finding under Agriculture and Markets Law section 123 based on behavior such as unprovoked biting.
Clarence FAQ
Are pit bulls legal in Erie County, NY?
Yes. New York Agriculture & Markets Law §107(5) prohibits any municipality — including Erie County and the City of Buffalo — from banning or restricting dogs by breed. Pit bulls, Rottweilers, and similar breeds are legal throughout Erie County.
Can my town in Erie County pass its own pit bull ban?
No. §107(5) of the Agriculture & Markets Law preempts any municipal law that regulates dogs based on breed or perceived breed. Any such town ordinance would be void on its face.
How does Erie County handle truly dangerous dogs if it cannot use breed?
Under Ag & Markets Law §123, anyone may file a dangerous-dog complaint in the local town, village, or city court. The judge holds an evidentiary hearing focused on the individual dog's behavior and may order confinement, muzzling, microchipping, neutering, or euthanasia depending on severity.
My landlord or insurer says no pit bulls — is that legal in Erie County?
Yes. §107(5) restricts only governmental breed bans. Private landlords, HOAs, and insurance carriers may still impose breed restrictions in their leases or policies, and those private contracts remain enforceable.
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