New York Statewide Rule

New York Preempts Local Breed-Specific Dog Bans

Few RestrictionsApplies statewide across New York (2026)

Agriculture and Markets Law section 107(5) preempts municipalities from enacting breed-specific dog regulations, ensuring uniform treatment regardless of breed across New York.

Key Facts

Statute: Ag & Markets §107(5)
Effect: Preempts breed bans
Allowed: Behavior-based regulation
Scope: All NY municipalities

Source: AGM Section 107 - Application (preempts breed-specific regulation)

Full Breakdown

Section 107(5) prohibits cities, towns, and villages from adopting laws, ordinances, or rules that regulate dogs in a manner based upon breed. Local governments may regulate dangerous individual dogs based on documented behavior, but blanket bans or restrictions on pit bulls, rottweilers, or other specific breeds are unenforceable. This preemption is uniform statewide and overrides any conflicting municipal code.

Violations & Penalties

Municipal breed bans are void and unenforceable. Owners cited under invalid breed laws may challenge them in court and recover associated costs through legal action.

Frequently Asked Questions

Can a New York town ban pit bulls?

No. Section 107(5) of the Agriculture and Markets Law expressly preempts breed-specific local regulations, making any municipal pit bull ban unenforceable in New York.

What can localities still regulate about dogs?

Cities and towns may regulate individual dangerous dogs based on documented behavior, require licenses, mandate leashes, and impose noise or sanitation rules without targeting specific breeds.

Sources

Ag & Markets §107

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Full Breakdown

Frequently Asked Questions

Can a New York town ban pit bulls?

No. Section 107(5) of the Agriculture and Markets Law expressly preempts breed-specific local regulations, making any municipal pit bull ban unenforceable in New York.

What can localities still regulate about dogs?

Cities and towns may regulate individual dangerous dogs based on documented behavior, require licenses, mandate leashes, and impose noise or sanitation rules without targeting specific breeds.