Saturday, August 9, 2008

Breed Specific Legislation


Can my town ban certain breeds of dogs, or force me to put a dangerous dog sign on my door, muzzle my dog or impose other restrictions just because of his or her breed?

No. New York State is one of 13 states that prohibit discriminatory breed profiling and breed specific dangerous dog laws. New York municipalities with breed specific laws cannot legally enforce them. Article 7, Section 107, Paragraph 5 of Agriculture and Markets law states:

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.

Do any New York cities or towns have breed specific laws (BSL)?

There are several communities in New York which retain BSL on their books, even though it is illegal, including Haverstraw, Hempstead, Hornell, Larchmont, Lyons, Sands Point and Yonkers. A number of other municipalities have moved to rescind illegal breed specific local ordinances in the last several years.

These municipalities do not comply with state law, and may be sued by dog owners who are threatened with prosecution under breed specific local statutes which do not conform to state law.

Notes:
The Dog Federation of New York highly recommends the "Pit Bull Owner's Survival Guide" to dog owners threatened with breed specific laws (see sidebar at right for further information).

Municipal officials concerned with dangerous dogs and dangerous dog law should refer to "A Community Approach to Dog Bite Prevention" for solutions to local animal control issues. Prepared by a taskforce including representatives from the American Veterinary Medical Association, Centers for Disease Control and Prevention, American Medical Association; National Animal Control Association and others, the "Community Approach" is circulated by the Centers for Disease Control and provides practical, reasonable solutions for dangerous dog issues. (see sidebar at right for link)

3 comments:

Bob Berke said...

On June 29, Rockville Center is having a meeting at town hall and lots of us are going there to protest their desire to break the law and pass some BSL.
Can you guys knock some sense into these ignorant a hloes and tell them they can't do that?
They probably watch Michael Vick's show too!

Anonymous said...

i live in brooklyn new york My community first bullied me into geting rid of my pit bull because of her breed Now i have 2 cane corso mixes and they are telling me i have to get rid of 1.... is this legal???

The only New York organization dedicated to protecting the rights of caring dog owners said...

Anonymous:
Please contact DFNY at dogfedny@aol.com

We'll need more information in order to respond.

You are protected by state law from breed specific measures, and the City of NY has no BSL on its book. On the other hand, private landlords are able to prohibit dogs based on breed from the buildings they own.