Pet Laws: Can Cities Legislate Fido's Future?

In the United States, animal protection legislation usually happens at the state level, with a handful of federal laws also in place. However, some cities and counties have the power to pass their own ordinances to protect animals, provided they do not conflict with existing state or federal laws. For example, hundreds of cities and counties have retail pet sale bans, and New York City prohibits the private possession of any species deemed wild, ferocious, fierce, dangerous, or naturally inclined to do harm.

Cities can pass laws to regulate dogs

Similarly, California law states that local authorities in any city, county, or city and county may impose reasonable additional requirements necessary to regulate and control protection dogs according to their local needs, as long as they do not conflict with existing state or federal laws.

Many cities and counties have also passed ordinances to protect animals, such as retail pet sale bans. For example, New York City's Health Code prohibits the private possession of any species deemed wild, ferocious, fierce, dangerous, or naturally inclined to do harm.

Local animal protection laws

State laws empower local entities to make laws governing their constituents, provided those laws do not preempt existing state or federal laws. For example, in Blackwell, a defendant challenged a local Pierre City ordinance pertaining to the regulation of dangerous dogs. The court found that the South Dakota legislature empowered cities to regulate dogs through SDCL 9-29-12, which provides that a city may regulate, prohibit, impound, and tax dogs "running at large".

Similarly, California law pertaining to the regulation of dogs states that local authorities in any city, county, or city and county may impose reasonable additional requirements necessary to regulate and control protection dogs according to their local needs, as long as they are not inconsistent with the provisions of the chapter.

State laws empower local entities to make laws

Similarly, California law pertaining to the regulation of dogs states: "The provisions of this chapter shall not prevent the local authorities in any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from imposing reasonable additional requirements necessary to regulate and control protection dogs according to their local needs and not inconsistent with the provisions of this chapter".

Hundreds of cities and counties have retail pet sale bans like California's and Maryland's. Cities and counties can also pass ordinances to protect animals. For example, New York City's Health Code prohibits private possession of any species deemed wild, ferocious, fierce, dangerous, or naturally inclined to do harm.

Cities can restrict what animals can be possessed

In the US, most animal protection legislation happens at the state level, but some cities and counties pass ordinances to protect animals. For example, hundreds of cities and counties have retail pet sale bans like California's and Maryland's.

State laws empower local entities to make laws governing their constituents, provided those laws do not preempt existing state or federal laws. For example, in Blackwell, the defendant challenged a local Pierre City ordinance pertaining to the regulation of dangerous dogs. In ruling that the defendant failed to demonstrate the Pierre City Ordinance was unreasonable or arbitrary, the court found that the South Dakota legislature empowered cities to regulate dogs through SDCL 9-29-12, which provides that a city may regulate, prohibit, impound, and tax dogs "running at large".

Similarly, California law pertaining to the regulation of dogs states: "The provisions of this chapter shall not prevent the local authorities in any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from imposing reasonable additional requirements necessary to regulate and control protection dogs according to their local needs and not inconsistent with the provisions of this chapter".

Cities can pass ordinances to protect animals

State laws empower local entities to make laws governing their constituents, provided those laws do not preempt existing state or federal laws. For example, in Blackwell, the defendant challenged a local Pierre City ordinance pertaining to the regulation of dangerous dogs. In ruling that the defendant failed to demonstrate the Pierre City Ordinance was unreasonable or arbitrary, the court found that the South Dakota legislature empowered cities to regulate dogs through SDCL 9-29-12, which provides that a city may regulate, prohibit, impound, and tax dogs "running at large".

Similarly, California law pertaining to the regulation of dogs states: "The provisions of this chapter shall not prevent the local authorities in any city, county, or city and county, by ordinance and within the exercise of the police power of the city, county, or city and county from imposing reasonable additional requirements necessary to regulate and control protection dogs according to their local needs and not inconsistent with the provisions of this chapter".

Cities can also further restrict what animals can be possessed. For example, New York City's Health Code prohibits private possession of any species deemed wild, ferocious, fierce, dangerous, or naturally inclined to do harm.

Frequently asked questions