Berkeley Breed Restrictions Rules (2026): What You Need to Know

California Food and Agricultural Code Section 31683 provides that no governmental agency shall adopt or enforce any ordinance, law, or regulation that is specific as to the breed of a dog. This statewide preemption was enacted to prevent municipalities from banning or restricting specific breeds such as pit bulls, Rottweilers, or other commonly targeted breeds. The law was signed into effect in 1989 (AB 1634) and has been upheld consistently since.

Berkeley, like all California cities, is bound by this preemption and does not maintain any breed-specific legislation. The city's animal control ordinances in BMC Chapter 10.04 apply equally to all breeds. Dog regulation in Berkeley focuses entirely on individual animal behavior.

Under the state dangerous-dog framework (CA FAC §31601-31683), a dog of any breed may be declared "potentially dangerous" if it engages in specified aggressive behavior such as biting a person, attacking another animal while off the owner's property, or forcing a person to take defensive action on two separate occasions within 36 months. A dog declared "vicious" — one that inflicts severe injury or kills — is subject to more stringent requirements including potential euthanasia.

Owners of potentially dangerous dogs must comply with enclosure requirements, maintain liability insurance, spay or neuter the animal, and microchip the dog. These requirements are triggered by the dog's individual behavior, not its breed. Berkeley Animal Services administers dangerous-dog hearings and compliance locally.

Residents should be aware that while breed-specific bans are preempted, homeowners insurance policies may still impose breed-based coverage exclusions. This is a private contractual matter and is not governed by FAC §31683.