New York Statewide Rule
New York Preempts Local Breed-Specific Dog Bans
Key Facts
- Statute
- Ag & Markets §107(5)
- Effect
- Preempts breed bans
- Allowed
- Behavior-based regulation
- Scope
- All NY municipalities
Summary
Agriculture and Markets Law section 107(5) preempts municipalities from enacting breed-specific dog regulations, ensuring uniform treatment regardless of breed across New York.
5. Nothing contained in this article shall prevent a municipality from adopting its own program for the control of dangerous dogs; provided, however, that no such program shall be less stringent than this article, and no such program shall regulate such dogs in a manner that is specific as to breed.
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?
What can localities still regulate about dogs?
Sources
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