Milpitas, CA Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Classification scale
- Behavior-based Levels 1-5
- Permit required
- Level 3, 4 or 5 dogs
- Permit fee
- $150 per animal, 12 months
- Appeal window
- 10 days after classification notice
- ID requirement
- Permanent serial ear tattoo
- Worst-case outcome
- Impoundment and destruction (Level 5)
Summary
Milpitas does not ban dogs by breed. Chapter 210 of the Municipal Code classifies dogs as potentially dangerous on a five-level scale set entirely by documented behavior, from menacing another animal at Level 1 to causing serious injury or death at Level 5, and a Level 3, 4 or 5 dog needs a City dangerous animal permit.
"Potentially dangerous dog" shall mean a dog which has been classified as potentially dangerous at one of the following five (5) levels based upon specific behavior exhibited by the dog. ... Level 3 behavior is established if a dog at large aggressively bites or causes physical injury to any person or domestic animal and may be established if a dog that has been classified as a Level 1 or Level 2 potentially dangerous dog repeats behavior defined as Level 1 or Level 2 behavior within the 12-month period after the owner receives notice of the Level 1 or Level 2 classification. ... No person shall keep, have, maintain, sell, trade, or let for hire a Level 3 or Level 4 potentially dangerous dog without first obtaining a dangerous animal permit under Section V-210-10.
Full Breakdown
Milpitas Municipal Code Section V-210-2.14 sets up a five-level dangerous dog scale based on documented behavior, never breed. Level 1 covers a dog at large that menaces or chases another animal; Level 2 is the same conduct directed at a person; Level 3 is an aggressive bite or physical injury to a person or animal, or a repeat Level 1/2 incident within 12 months of the owner's notice; Level 4 is a bite or injury inflicted while the dog is under restraint; and Level 5 covers a death, a fatal attack on another animal, dog-fighting training, or a repeat Level 4 incident.
The City's Administrator (the City Manager or a designee) or any peace officer investigates and classifies the dog under Section V-210-5.02, and the owner may request an administrative hearing under Section V-210-13 within 10 days of the classification notice per Section V-210-5.05, though restrictions apply while that appeal is pending under Section V-210-5.06. Level 1 and 2 dogs must be confined behind a 6-foot solid fence or leashed on a leash no longer than 6 feet capable of holding four times the dog's weight, and must be muzzled and on a 3-foot leash off the owner's property.
Level 3 and 4 dogs additionally require a $150 dangerous animal permit under Section V-210-10.04, secured indoor confinement, an escape-proof locked kennel buried 2 feet into the ground when outdoors, posted warning signs, a permanent serial-numbered ear tattoo under Section V-210-5.12, and transport only in a locked commercial-grade carrier. Level 5 dogs carry the same duties and may be impounded and destroyed if found to endanger public safety.
Violations & Fines
Failing to comply with a Level 1-4 dog's restrictions while an appeal is pending violates Chapter 210 and lets the City impound the dog at the owner's expense under Section V-210-5.06. Keeping a Level 3, 4 or 5 dog without the required dangerous animal permit is itself unlawful under Sections V-210-5.10-1 and V-210-5.11-1. If a classified dog, unprovoked, kills or wounds another domestic animal, the owner is guilty of a misdemeanor under Section V-210-5.13, and a Level 5 dog found dangerous to public safety may be impounded and destroyed.
Frequently Asked Questions
Does Milpitas ban pit bulls or other breeds?
What happens once a dog is classified Level 3 or higher?
Can I appeal a dangerous dog classification?
Sources & Official References
Other rules in Milpitas
How Milpitas compares: Cities with No Dog Breed Restrictions·California rules heatmap·Compare Milpitas to another location·View the California animal ordinances overview
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