Breed Restrictions: Daly City vs San Mateo
How do breed restrictions rules compare between Daly City, CA and San Mateo, CA?
Daly City has fewer restrictions than San Mateo.
Daly City, CA
San Mateo County
Daly City has no breed-specific ban on pit bulls, Rottweilers, or any other dog breed. California Health & Safety Code Section 122331 preempts local government from declaring any specific dog breed (or mixed breed) potentially dangerous or vicious by ordinance. The only breed-specific regulation a California city may adopt is a mandatory spay/neuter or breeding-permit program targeted at a specific breed - and Daly City has not adopted one. Dangerous-dog determinations in Daly City are made individually on the dog's behavior under Cal. Food & Ag Code Sections 31601-31683 (potentially dangerous and vicious dogs), not on breed. Renters and homeowners should be aware that private landlords and condominium HOAs may still impose breed limits in lease or CC&R documents - that is contract-based, not city law.
View full Daly City rules →San Mateo, CA
San Mateo County
San Mateo does not have a breed-specific ban. All dogs must be licensed with San Mateo County and vaccinated. Dogs designated dangerous after an incident face enhanced restrictions including containment and insurance requirements.
View full San Mateo rules →Key Facts Comparison
| Fact | Daly City | San Mateo |
|---|---|---|
| Breed ban | None - preempted by Cal. HSC Section 122331 | - |
| Breed-specific spay/neuter | Not adopted in Daly City | - |
| Dangerous-dog standard | Behavior-based per Cal. Food & Ag Code Section 31602 | - |
| Hearing authority | Peninsula Humane Society & SPCA (county contractor) | - |
| Landlord/HOA breed limits | Allowed as private contract terms - not city law | - |
| Breed Ban | - | None |
| Dangerous Dog Requirements | - | Containment, muzzling, insurance after incident |
| License Required | - | Yes, San Mateo County |
| Contact | - | Peninsula Humane Society (650) 340-8200 |
Highlighted rows indicate differences between cities.
Daly City FAQ
Can I own a pit bull in Daly City?
Yes. California Health & Safety Code Section 122331 prohibits any California city or county from declaring a specific breed or mixed breed dangerous or vicious. Daly City has no breed ban. Your landlord or HOA may still restrict breeds in a lease or CC&Rs, but that's a private contract issue, not a Daly City Municipal Code violation.
How does Daly City decide if a dog is dangerous?
Through a behavior-based hearing under Cal. Food & Ag Code Sections 31601-31683. A dog can be declared potentially dangerous after two unprovoked aggressive incidents in 36 months off the owner's property, one unprovoked bite causing injury, or two attacks on domestic animals. Peninsula Humane Society & SPCA administers these hearings for Daly City.
Could Daly City require pit bulls to be spayed or neutered?
Legally yes - Cal. HSC Section 122331 carves out an exception that allows local breed-specific mandatory spay/neuter or breeding-permit programs. Daly City has not adopted such an ordinance, so currently no breed-targeted alteration mandate applies.
San Mateo FAQ
Are any dog breeds banned in San Mateo?
San Mateo does not have a breed-specific ban. All dogs must be licensed with San Mateo County and vaccinated. Dogs designated dangerous after an incident face enhanced restrictions including containment and insurance requirements.
Are there pit bull restrictions in San Mateo?
Breed Ban: None. Dangerous Dog Requirements: Containment, muzzling, insurance after incident. License Required: Yes, San Mateo County. Contact: Peninsula Humane Society (650) 340-8200.
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