Marin County, CA Animal Ordinances: Breed Restrictions (2026)
Key Facts
- County Code
- Marin County Code § 8.04.181
- State Preemption
- Cal. Food & Ag. Code § 31683 (no breed bans)
- State Hearing Authority
- Cal. Food & Ag. Code § 31621
- Annual Fee Authority
- Cal. Food & Ag. Code § 31641
- Removal from List
- 36 months without further Title 8 violations
- Breed-Specific Spay/Neuter
- Permitted by state law; not currently adopted by Marin
Summary
Marin County has no breed-specific ban. California Food and Agricultural Code § 31683 preempts local breed-based bans, although mandatory spay/neuter ordinances by breed are permitted. The County instead regulates individual dogs through its Potentially Dangerous and Vicious Dog ordinance, § 8.04.181.
The owner/guardian of a dog found potentially dangerous under this section, who has no additional violations of any of the provisions of Title 8 of the Marin County Code... within a 36-month period from the date of designation as potentially dangerous, shall be removed from the list of potentially dangerous dogs by the Director.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).
Full Breakdown
California Food and Agricultural Code § 31683 prohibits cities and counties from adopting breed-specific legislation that declares a particular dog breed dangerous or vicious; only spay/neuter and breeding requirements may be breed-specific. Marin County does not maintain a breed-specific ban. Instead, Marin County Code § 8.04.181 (Potentially Dangerous and Vicious Dogs) implements California Food and Ag Code §§ 31601-31683 by allowing the County Administrator or designee to declare an individual dog 'potentially dangerous' or 'vicious' after notice and a hearing under FAC § 31621. Owners of a dog declared potentially dangerous must pay an annual fee in addition to the regular license fee (per FAC § 31641) and comply with confinement and identification requirements. A dog may be removed from the potentially dangerous list after 36 months with no further Title 8 violations.
Violations & Fines
Failure to comply with a potentially dangerous or vicious dog designation (e.g., confinement, signage, license fee, microchipping) is a misdemeanor under state law and may result in impoundment or, for a 'vicious' designation, destruction of the dog under FAC § 31645.
Frequently Asked Questions
Are pit bulls or any breeds banned in unincorporated Marin County?
What is a 'potentially dangerous' dog?
How do I get my dog off the dangerous-dog list?
Does the County charge extra to license a potentially dangerous dog?
Sources & Official References
Other rules in Marin County
How Marin County compares: Cities with No Dog Breed Restrictions·California rules heatmap·Compare Marin County to another location·View the California animal ordinances overview
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