Ask the Architect

Is my neighbor’s menagerie legal?

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Q. My neighbor loves animals, so much that they have constructed little houses for feral cats and stray dogs. Although I haven’t said anything because we have a tall fence, and I don’t have to look at the menagerie of wildlife — including many ducks, squirrels and raccoons that also eat the food scraps my neighbor puts out — I wonder if this is allowed, and now that they’re starting to build very large bird “hotels” that I can see, I’m thinking this is really getting to be too much. Do they need approval to attract all of these animals, a permit or something?

A. There are restrictions, such as section 152-8 of Town of Hempstead code, prohibiting dogs at large. You can check your municipality code regulations, online, by typing in the name of your municipality followed by “ecode360.” Many communities restrict the number of pets and the containment of pets, and have a restriction that pets can’t be constrained for more than two hours to a stationary object, like a post.
Stray dogs and cats are prohibited, even though many people take care of them. I wrote about this 25 years ago, and received hate mail for my insensitivity to these cats and dogs, even though I was quoting the ordinances, in addition to writing about how to keep strays from wandering into your yard. If the strays become a problem for you, there are regulations that your neighbor may be subject to.
Birdhouses seem fairly innocent, and unless they’re built to an abundant size, like the “hotel” you describe, there are no limits. When there are a number of birdhouses, or they become large enough to fall under the regulation of treehouses and sheds, the regulations become relevant, and the construction of these “accessory structures” falls under the zoning codes. I’ve seen birdhouses with 25 units in them, which is large enough to make it necessary to regulate. It brings new meaning to Airbnb. I’m not sure if the local governments that placed prohibitions on renting out homes to transients also included the bird population, since most birds have no place to carry cash or a credit card, but it may be worth looking into in your spare time.
A call to either your local building inspector or to animal and wildlife control centers can confirm the handling of the animals, and whether your neighbor is creating a nuisance. The biggest concern may be health considerations, since some species may carry diseases that can be harmful to other species or to you. For example, raccoons, cats and squirrels are known to carry rabies, and an even more dangerous disease called toxoplasmosis. They endanger dogs in particularly, since these diseases cause ailments that can cripple or destroy their immune systems. Cats are also in danger, and the droppings from each of these animals may also cause sickness in humans, but to a lesser degree. You are not wrong to be concerned. Good luck!

© 2025 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.