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Gilroy, CA Animal Ordinances: Breed Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Regulated breeds
Pit bull, Staffordshire, AmStaff, bull terrier types
State authority
SB 861 (Food & Ag. Code § 31683)
First-violation cost
$100 deposit or $60 vet-transfer fee
Second-violation penalty
Misdemeanor, up to $1,000 and 6 months jail
Breeding permit term
1 year, nontransferable

Summary

Gilroy singles out pit bull breeds for mandatory spaying and neutering under Article VII of the City Code, adopted under state authority (SB 861), unless the owner holds a breeding permit, the dog is a certified show dog, or another listed exception applies.

§ 4.68. Mandatory spaying and neutering of pit bulls – Exceptions. No person may own, keep, or harbor any dog within the city that the person in possession knew, or should have known, was a pit bull that has not been spayed or neutered unless: (1) The pit bull is under eight (8) weeks of age. ... ... § 4.69. Penalties. Violation of section 4.68 may result in the following penalties: (1) A first violation may result in the department impounding the pit bull and disposing of the pit bull in accordance with sections 4.30 and 4.50. A first violation shall be an infraction punishable by a fine as set forth in section 4.9. ... (2) A second violation of this section by the owner, guardian or keeper shall be a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six (6) months or by a fine not to exceed one thousand dollars ($1,000), or by both such fine and imprisonment.

Full Breakdown

Article VII of Chapter 4, 'Mandatory Spaying of Pit Bull Breeds,' was added by Ordinance No. 2010-06 under the authority of California SB 861, codified at Food and Agricultural Code Section 31683 and Health and Safety Code Section 122331, which lets cities mandate spay/neuter for specific breeds. Section 4.66 defines 'pit bull' to mean a bull terrier, miniature bull terrier, American pit bull terrier, Staffordshire bull terrier, American Staffordshire terrier, or any dog displaying the physical traits or AKC/UKC-recognized characteristics of those breeds. Section 4.68 requires spaying or neutering of any pit bull the owner knew or should have known was a pit bull, unless one of six exceptions applies: the dog is under eight weeks old; a veterinarian certifies sterilization would risk serious harm or death; the dog has been in the city less than 30 days; the owner has obtained or applied for a breeding permit under Section 4.72; a breed determination is under appeal under Section 4.67; or the dog is a registered show dog with AKC or UKC papers filed within 30 days.

Section 4.67 lets an unsure owner request a department breed determination, appealable to the department director within five business days. Owners wanting to breed must obtain a nontransferable, one-year breeding permit under Section 4.71 that requires registry papers, breed-standard conformation, a completed or scheduled dog show, and specific health screenings including OFA hip and cardiac certification and a temperament test, and breeders may not let a female pit bull have more than one litter per year.

Violations & Fines

A first violation of the spay/neuter mandate under Section 4.68 is an infraction under Section 4.9, with the pit bull impounded until the owner pays for department sterilization (a $100 deposit plus service fees), arranges an outside vet for a $60 delivery fee, or signs an affidavit to sterilize within two weeks; a second violation is a misdemeanor punishable by up to $1,000 and up to six months in jail, with the dog again subject to impoundment under Sections 4.30 and 4.50. Breeding-permit violations under Section 4.74 draw escalating infraction fines of $100, $200 and $500 for a first, second and third offense.

Frequently Asked Questions

Does Gilroy require pit bulls to be spayed or neutered?
Yes. Section 4.68 makes it unlawful to own, keep or harbor an unspayed or unneutered pit bull unless a listed exception applies, such as the dog being under eight weeks old, newly arrived, appealing a breed determination, or covered by a breeding or show-dog exception.
Can a Gilroy owner get a permit to breed pit bulls?
Yes, under Section 4.71 and 4.72, but the nontransferable one-year permit requires registry papers, breed-standard conformation, participation in an approved dog show, and health screenings including OFA hip and cardiac certification, and limits females to one litter per year.
What happens on a second violation of Gilroy's pit bull spay/neuter law?
Section 4.69(2) makes a second violation a misdemeanor punishable by up to six months in county jail, a fine up to $1,000, or both, and the department may again impound the dog under Sections 4.30 and 4.50.

Sources & Official References

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