San Jose, CA Animal Ordinances: Breed Restrictions (2026)

Santa Clara County's animal code (Division B31) contains no breed-specific ban. It excludes wolf hybrids from the definition of 'dog' in Section B31-1, but otherwise regulates dogs by conduct rather than appearance. Section B31-42 governs 'potentially dangerous dogs' and Section B31-43 governs 'vicious dogs.' Under B31-1, a 'potentially dangerous dog' includes a dog that, unprovoked and off its owner's property, twice in 36 months forces a person to take defensive action to avoid injury, or bites causing a less-severe injury, or kills/seriously injures a domestic animal off the owner's property. A 'vicious dog' includes a dog that, when unprovoked and in an aggressive manner, inflicts severe injury on or kills a human being - defined as injury producing 'muscle tears or disfiguring lacerations or requir[ing] multiple sutures or corrective or cosmetic surgery' - or a dog seized and convicted under California Penal Code provisions on dogfighting. These behavior-based designations mirror California Food and Agricultural Code Sections 31601 et seq. Note that California Food and Agricultural Code Section 31683 lets local agencies regulate dangerous dogs but generally bars declaring a dog dangerous based solely on breed. There is no County pit-bull or other breed ordinance for unincorporated areas.