Monterey, CA Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Basis for designation
- Documented behavior, not breed
- Potentially dangerous threshold
- 2 incidents within 36 months
- Ownership ban option
- Up to 36 months
- Hearing timing (impounded dog)
- Within 10 calendar days
- Appeal path
- Judicial review under CCP § 1094.6
Summary
Monterey has no breed-specific dog ban; instead it declares individual dogs 'vicious' or 'potentially dangerous' based on documented biting or attack incidents, through an administrative hearing that can order euthanasia, up to a 36-month ownership ban, muzzling or confinement.
“Potentially dangerous dog” means any of the following: 1.Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury whether the person and the dog are on or off the property of the owner or keeper of the dog. ... “Vicious dog” means any of the following: 1.Any dog that, when unprovoked, inflicts severe injury on or kills a human being. 2.Any dog previously determined to be and currently listed as a potentially dangerous dog that, after its owner or keeper has been notified of this determination, continues the behavior or commits another act described in subsection (e) of this section, or is maintained in violation of any previous order determining that the dog was vicious or potentially dangerous. ... 2. Prohibition on Owning and Keeping.That the owner or keeper of a vicious dog not be permitted to own or keep any dog for a period up to 36 months
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).
Full Breakdown
California law bars cities from regulating dogs by breed, and Monterey's ordinance confirms that approach: Chapter 6, Division 3 (Sections 6-30 through 6-34) regulates dogs based on documented behavior, not breed. Section 6-31 defines a 'potentially dangerous dog' as one that, unprovoked, has on two separate occasions within a 36-month period engaged in behavior requiring a defensive action to prevent bodily injury, or has caused an injury less severe than a 'severe injury,' or has twice attacked a domestic animal in that same 36-month window.
A 'vicious dog' is one that, unprovoked, inflicts severe injury on or kills a human being, or is a previously listed potentially dangerous dog that reoffends or violates a prior order. Under Section 6-32, the process starts when an Animal Control Officer or peace officer finds probable cause and the Police Chief petitions a City-designated hearing officer; the owner gets written notice and a hearing, held within 10 calendar days of impoundment or 15 working days after service of the petition if the dog was not impounded.
The Police Chief bears the burden of proof by a preponderance of the evidence, and the hearing officer can order any combination of remedies: euthanasia for a vicious dog, a prohibition on owning or keeping any dog for up to 36 months, confinement to an enclosure meeting Penal Code Section 597t, muzzling and leashed control whenever off the owner's property, mandatory spay/neuter, licensing, photographs for identification, warning signs, and payment of the City's impoundment and hearing costs. 6.
Violations & Fines
Violating the hearing officer's written decision, or any remedy or condition it imposes, is punishable under Section 6-34 by any available legal or equitable means, including administrative citation, fine, or a criminal proceeding for infraction or misdemeanor; the owner also bears the City's impoundment and euthanasia costs under Section 6-32.
Frequently Asked Questions
Does Monterey ban certain dog breeds?
How many incidents does it take to declare a dog potentially dangerous in Monterey?
Can I appeal a vicious dog determination in Monterey?
Sources & Official References
Other rules in Monterey
How Monterey compares: Cities with No Dog Breed Restrictions·California rules heatmap·Compare Monterey to another location·View the California animal ordinances overview
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Breed Restrictions in Nearby Cities
How other cities in Monterey County handle breed restrictions.