California Food & Agricultural Code §31683 preempts breed-specific dog bans, but expressly authorizes breed-specific mandatory spay/neuter and breeding regulation. Rialto does not ban any breed; dangerous and vicious dogs are regulated by behavior under Title 6 and Cal. F&A Code §31601 et seq., and viciousness hearings follow state procedure.
Under Cal. Food & Agricultural Code §31683, no California city or county may declare a specific dog breed to be 'potentially dangerous' or 'vicious' or otherwise ban a breed outright — those determinations must be made on an individual-dog basis using the §31602/§31603 behavioral criteria (e.g., aggressive behavior without provocation, prior injury). §31683 does, however, permit breed-specific programs for mandatory spay/neuter and breeder permits. Rialto Municipal Code Title 6 follows the state model: any dog that meets the §31602/§31603 behavior criteria can be declared 'potentially dangerous' or 'vicious' through an administrative hearing, after which the owner faces enhanced confinement, signage, liability-insurance, and microchipping requirements. Pit-bull and other breed bans enacted before §31683 have been invalidated statewide; Rialto has not adopted (and cannot adopt) a breed ban. San Bernardino County operates a low-cost spay/neuter referral program available to Rialto residents.
Keeping a declared dangerous or vicious dog in violation of confinement orders is a misdemeanor (Cal. F&A Code §31662) and can result in destruction of the animal. Failure to comply with Rialto Title 6 vicious-dog conditions (signage, secure enclosure, insurance) is enforced as a misdemeanor or by impound. Any new local ordinance attempting to ban a breed would be preempted and unenforceable under §31683.
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