California Health & Safety Code Section 122331 preempts breed-specific dangerous-dog declarations and bans, but expressly allows local mandatory spay/neuter rules. Santa Rosa City Code requires that all pit bulls over four months old kept in the City be spayed or neutered, and all dogs running at large be sterilized after citation.
California Health and Safety Code Section 122331(a) provides that cities and counties may not enact breed-specific bans or declare any breed potentially dangerous or vicious as a class, but may adopt programs limited to mandatory spay or neuter requirements and breeding requirements that are breed-specific. The City of Santa Rosa has done exactly that. Under Santa Rosa City Code Chapter 7-30 (Mandatory Spay and Neutering for All Dogs Running At Large and All Pit Bulls), no person may own, harbor, or keep within the City a pit bull over the age of four months that has not been spayed or neutered, except as provided in Section 7-30.200 (limited exemptions such as registered show dogs, breeders meeting specific standards, or dogs with a veterinarian's written attestation that sterilization would endanger the dog's health). The ordinance defines a pit bull as any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier, or any mixed breed dog containing those breeds as an element of its breeding. In addition, under Chapter 7-12, all owners cited for dogs running at large in violation of Sections 7-12.100 (leash) and 7-12.110 must have their dog spayed or neutered at the owner's expense, except as expressly exempted. Santa Rosa does NOT prohibit ownership of any breed - it cannot under state law - but it does require sterilization for pit bulls and at-large dogs. Dangerous-dog determinations (regardless of breed) follow the state process in California Food & Agricultural Code Sections 31601-31683, under which Santa Rosa Animal Services may petition Superior Court for a hearing within 5-10 working days; the court may declare the dog potentially dangerous (per Section 31602) or vicious (per Section 31603) based on a preponderance of the evidence and set a compliance schedule of no more than 30 days. California Civil Code Section 3342 imposes strict liability on the dog owner for any bite in a public place or where the victim is lawfully on private property, regardless of any prior history.
Owning, harboring, or keeping an unaltered pit bull over four months of age in Santa Rosa without a Section 7-30.200 exemption is a violation of Chapter 7-30 enforced by Sonoma County Animal Services and Santa Rosa Police; remedies include citation, mandatory sterilization, and impoundment. Failing to spay or neuter a dog cited for running at large under Sections 7-12.100 and 7-12.110 is also a code violation. A dog declared vicious under California Food & Agricultural Code Section 31603 may be ordered destroyed, and the owner may be barred from owning a dog for up to three years. Civil dog-bite liability under Civil Code Section 3342 is strict - the owner is liable regardless of breed or prior history.
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