Novato, CA Animal Ordinances: Breed Restrictions (2026)

Section 3-1.22 adopts Chapter 9, Articles 1 through 5 of the California Food and Agricultural Code (Sections 31601 through 31683, excluding Sections 31602, 31603, 31606 and 31644) by reference, and layers Novato's own definitions and hearing procedure on top. A potentially dangerous dog is one that, unprovoked on two separate occasions within the prior 36-month period, engages in behavior requiring defensive action by a person off the owner's property; one that bites a person causing a less severe injury than the state definition; one that kills, seriously bites or injures a domestic animal off the owner's property; or one that another governmental jurisdiction has deemed potentially dangerous or dangerous. A vicious dog is one that inflicts severe injury on or kills a human being, one previously listed as potentially dangerous that continues the behavior, one another jurisdiction has deemed vicious, or one whose aggressive behavior shows a clear and present substantial danger to public health or safety. Severe injury means muscle tears, punctures, dislocations, broken bones, disfiguring lacerations, or a wound needing sutures, surgery or hospitalization.

A hearing starts when the director of the animal services agency finds probable cause and prepares a petition, supported by a sworn, verified complaint from a member of the public. Before a potentially dangerous hearing, the Marin County Administrator or designee can offer written mediation if both sides agree, and mediation must conclude within 30 days. The hearing officer comes from a panel of up to five persons designated by the Marin County Board of Supervisors, each with at least five years' experience as a practicing attorney. The officer decides on a preponderance of the evidence and mails a written determination within seven days after the hearing, and the determination is subject to de novo review by the Superior Court. An owner can instead waive the hearing in writing within 30 days.

The obligations differ by tier. For a potentially dangerous dog the owner pays an annual fee set by the County of Marin fee schedule, sterilizes the dog and delivers proof within 30 days, provides a locked enclosure within 30 days that the dog cannot climb, dig or jump out of, and keeps the dog under control of a responsible adult on a leash of no more than six feet off the property. The designation drops off after 36 months without further violations. For a vicious dog not subject to destruction, the owner must tattoo or microchip the dog and prove it within 30 days, enclose it with a secured top, and prove sterilization within 30 days. The hearing officer can also order destruction, muzzling, confinement, warning signs, and loss of the right to keep the dog or similar dogs.