California Food and Agriculture Code section 31683 preempts cities from banning specific dog breeds, though localities may regulate spay-neuter and breeding by breed.
California restricts how municipalities can regulate dog breeds. Food and Agricultural Code section 31683 prohibits a local jurisdiction from adopting any breed-specific legislation that declares a particular breed of dog as inherently dangerous, vicious, or that bans ownership outright. Cities and counties may, however, enact mandatory spay/neuter or breeding requirements that apply to specific breeds, provided the program is not breed-specific in the sense of an ownership prohibition. The state's general dangerous-dog statute, Food and Agricultural Code sections 31601-31683, applies uniformly and provides the procedural framework for declaring individual dogs (regardless of breed) as potentially dangerous or vicious. This statewide framework preempts more aggressive municipal bans on pit bulls, Rottweilers, or other breeds.
Municipal breed bans are unenforceable. Individual dangerous-dog determinations under state law may carry restrictions, mandatory confinement, or removal. Owners of dogs declared vicious face misdemeanor liability and possible euthanasia of the animal.
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