Fremont Breed Restrictions Rules (2026): What You Need to Know
Few RestrictionsKey Facts
- Breed-specific bans
- None — prohibited by California state law (FAC Section 31683)
- State preemption
- CA FAC Section 31683 bars all cities and counties from breed-specific legislation
- Regulatory approach
- Behavior-based — individual dog conduct, not breed
- Dangerous dog law
- CA FAC Sections 31601-31683 (two-tier: potentially dangerous and dangerous)
- Private restrictions
- Landlords and HOAs may impose breed restrictions as private contract terms
- Year enacted
- State preemption law enacted in 2005
The Short Version
The City of Fremont does not impose breed-specific bans or restrictions on any dog breed. California state law — specifically Food and Agricultural Code Section 31683 — expressly preempts all cities and counties from enacting breed-specific legislation. This means that no California municipality, including Fremont, may ban, restrict, or impose special requirements on dogs based solely on their breed or perceived breed. All dog regulations in Fremont are behavior-based rather than breed-based, focusing on individual dog conduct regardless of breed. Breeds commonly targeted by bans in other states — such as pit bulls, Rottweilers, Dobermans, and German Shepherds — are all legal to own and keep in Fremont without any breed-specific requirements.
Full Breakdown
California Food and Agricultural Code Section 31683 provides statewide preemption of breed-specific legislation, stating that no city or county may adopt or enforce any ordinance, policy, resolution, or regulation specific to one or more dog breeds. This law was enacted in 2005 and applies uniformly to all 482 cities and 58 counties in California. As a result, the City of Fremont cannot and does not maintain any breed-specific bans, restrictions, or special permit requirements.
Instead of breed-based regulations, Fremont and the State of California use a behavior-based approach to managing dangerous dogs. California Food and Agricultural Code Sections 31601 through 31683 establish a two-tier system for identifying and managing dogs that pose a public safety risk. A dog may be designated as "potentially dangerous" if it, on two separate occasions within thirty-six months, engages in unprovoked behavior that requires a defensive action by a person to prevent injury, or bites a person causing a less severe injury than a severe injury, or kills or injures a domestic animal off the owner's property. A dog may be designated as "dangerous" if it aggressively causes severe injury to or kills a person, or has been previously designated potentially dangerous and continues the dangerous behavior. These designations are based entirely on the individual dog's documented behavior, not its breed.
The Tri-City Animal Shelter, which provides animal control services for Fremont, Newark, and Union City, administers the dangerous dog program. When a dog is designated as potentially dangerous or dangerous following a hearing process with due process protections, the owner must comply with specific requirements including secure enclosure, posting of warning signs, microchipping, spay or neuter, and — for dangerous dogs — liability insurance of at least $100,000. Private landlords and homeowners associations may maintain their own breed restrictions as a matter of private contract, but these are not enforced by the City of Fremont or any government agency.
What Happens If You Violate This?
Because Fremont does not have breed-specific legislation, there are no breed-based violations. However, owners of dogs designated as potentially dangerous or dangerous under California Food and Agricultural Code Sections 31601-31683 face significant penalties for non-compliance with behavioral designation requirements. Failure to comply with conditions imposed on a potentially dangerous dog is a misdemeanor punishable by a fine of up to $500. Failure to comply with conditions imposed on a dangerous dog is a misdemeanor punishable by a fine of up to $1,000 and/or imprisonment in county jail for up to six months. If a dangerous dog causes severe injury to a person, the owner may face felony charges under California Penal Code Section 399, with penalties of up to three years in state prison. If a dog designated as dangerous kills a person, the owner may face a sentence of two to four years in state prison. A court may also order the destruction of a dog that has been designated as dangerous and has caused serious injury or death. Additionally, the owner is subject to unlimited civil liability for all damages caused by the dog. Contact the Tri-City Animal Shelter at (510) 790-6640 for questions about dangerous dog designations.
Frequently Asked Questions
Are pit bulls banned in Fremont?
Can my landlord ban my dog breed in Fremont?
What happens if my dog is declared dangerous in Fremont?
Sources & Official References
How does Fremont compare?
See how Fremont's breed restrictions rules stack up against other locations.