Is new Rockville Centre law barking up the wrong tree?

The Village of Rockville Centre may have inadvertently put itself in the dog house with its new law, banning Rottweilers and pit bulls from the village, that was passed during its June 8 meeting.

The law approved by four of five the trustees, known as “breed-specific legislation” because it targets specific breeds of dogs, has caused quite a stir in the animal lover world. The Herald has been inundated with e-mails and phone calls from people objecting to the legislation.

Their main contention, they say, is that it’s illegal.

“If the ordinance does what it has been reported to say, which is banning Rottweilers and pit bulls, notwithstanding the grandfather clause, then this is in direct conflict with state law,” said Debora Bresch, an attorney and the senior director of government relations for the eastern region for the American Society for the Prevention of Cruelty to Animals (ASPCA).

Those that say the law is illegal cite Article 7, Section 107 of the New York State Agriculture and Markets law. The law sets up regulations for controlling dangerous dogs in the state. It says that municipalities have the power to pass their own legislation regarding dangerous dogs. However those laws shall not be less stringent than the state law, and “no such program shall regulate such dogs in a manner that is specific as to breed.”

Village Attorney A. Thomas Levin, however, sees the state law differently.

“That’s not a true statement,” Levin said of the claims that the law is illegal. “Local breed-specific legislation is barred in New York for certain purposes. That’s what the statute says. It gives something that you’re not allowed to use breed-specific legislation on, which is licensing of dogs.”

Bresch couldn’t say whether the ASPCA would be looking to pursue legal action against the village to repeal the law.

“We’re still looking at our options,” she said.