Berkeley, CA Animal Ordinances: Breed Restrictions (2026)

State law reserves the definition of a dangerous dog to local governments but forecloses breed as the test. Food and Agricultural Code Section 31683 says nothing in the state's chapter on potentially dangerous and vicious dogs prevents a city from adopting its own program, but adds that except as provided in Health and Safety Code Section 122331, no program regulating any dog shall be specific as to breed. Berkeley's own program, Municipal Code Chapter 10.04, follows that limit: Section 10.04.170 defines a vicious or dangerous dog only by what it has done or been trained to do, a known propensity to attack without provocation, a bite or attack, training for dog fighting, or a veterinarian's finding that the dog poses a danger if unconfined or unmuzzled, never by breed.

Once the City Manager or a police or animal control officer finds a dog meets that standard, Section 10.04.171 imposes real conditions. The dog cannot go unconfined on the owner's property (a locked pen with sides at least six feet high, sunk at least a foot into the ground unless the City Manager approves an alternative), cannot leave the property except muzzled and on a chain with at least 300 pounds of tensile strength no longer than three feet, and the owner must carry at least $50,000 in liability insurance and produce proof on request. Section 10.04.172 gives the owner five working days to request an administrative hearing after a seizure or written finding, and the hearing officer can order confinement conditions or, if compliance is impossible, continued impoundment leading to adoption or destruction. Section 10.04.173 declares a noncompliant dangerous dog a public nuisance and makes the owner liable for the City's enforcement costs, including shelter, food, veterinary care and destruction.