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Sunday, 30 December 2007
The following press release was issued in response to the Town of Haverstraw's new law pertaining to limiting dogs.

EVERY DOG DOES HAVE HIS DAY: NEW HAVERSTRAW LAW UNENFORCEABLE? YES AND NO


The Town of Haverstraw has the right to enact local laws and ordinances not inconsistent with
New York State law. The New York legislature preempted local regulation of all animals with a few limited exceptions. The Town, exercising its zoning powers, may limit the number of pets permitted in a residential zone. The recently adopted limit of 4 dogs per residential lot, although less than the number sanctioned by the Court of Appeals is presumptively valid and enforceable. Can the new law require residents with six dogs to redude to four? NO


The following press release was issued in response to the Town of Haverstraw's new law pertaining to limiting dogs.

EVERY DOG DOES HAVE HIS DAY: NEW HAVERSTRAW LAW UNENFORCEABLE? YES AND NO


The Town of Haverstraw has the right to enact local laws and ordinances not inconsistent with
New York State law. The New York legislature preempted local regulation of all animals with a few limited exceptions. The Town, exercising its zoning powers, may limit the number of pets permitted in a residential zone. The recently adopted limit of 4 dogs per residential lot, although less than the number sanctioned by the Court of Appeals is presumptively valid and enforceable. Can the new law require residents with six dogs to reduce to four? NO. The law only applies prospectively not retroactively. The law is only enforceable against new residents or new dogs thanks to the Constitution of the United States and the Constitution of the State of New York. Why? Because governments cannot enact laws "ex post facto" that is, laws that apply retrospectively In other words, laws cannot be enacted today to make some past lawful activity unlawful More simply, if a resident owns more than 4 dogs before Haverstraw enacted the law, they cannot be made to reduce the number of dogs to comply with the new law.

The following are some scenarios to see how this law may impact you:

--> I have been living in Haverstraw and have more than 4 adult dogs: You cannot be instructed to reduce the number of dogs you own. Keep them for their lifetime and provide them proper shelter, food and medical care. If one of your pets were to pass away, you cannot add to your family of dogs.

--> I have been living in Haverstraw and am considering adding dogs to my family: That's great! There are plenty of dogs looking for loving homes, just decide that you will have no more than 4 and you can reside happily in Haverstraw.

--> I am moving to Haverstraw and have more than 4 adult dogs: Either find another option for your residence or you will be forced to find alternate homes for each dog in excess of 4. Be sure to find good homes before you move or reach out to a reputable no-kill shelter for assistance. Dogs are personal property in
New York State. Anyone considering relocating to any city, town or village for their permanent residence, should ask about dog, cat or other animal limits or restrictions that may impact their family to avoid a very unpleasant choice after relocating. For further information contact the HVHS via email at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Last Updated ( Sunday, 30 December 2007 )
 
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