California Food & Agricultural Code § 31683 preempts cities from banning or restricting dogs based on breed. Stockton has no breed ban and no breed-specific mandatory spay/neuter ordinance — all dogs are regulated the same way under SMC Chapter 6.04, with individual dogs declared potentially dangerous or vicious based on behavior, not breed.
Cal. Food & Agric. Code § 31683 expressly provides that 'nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs,' but '[n]o program regulating any dog shall be specific as to breed.' The only exception, under Cal. Health & Safety Code § 122331, allows local mandatory spay/neuter or breeding requirements that are breed-specific. Stockton has NOT adopted a breed-specific spay/neuter ordinance — unlike San Francisco (SF Health Code § 43.1) or Riverside County. Stockton instead regulates all dogs uniformly under SMC Chapter 6.04 (licensing, leash, at-large) and relies on the state potentially-dangerous/vicious dog designation process in Cal. Food & Agric. Code §§ 31601-31683, which requires a hearing and is based on the individual dog's documented conduct (bites, attacks, severe injury). A landlord, HOA, or insurer may still impose breed restrictions privately, but the City of Stockton does not. Note: while there is no breed restriction, Stockton's licensing fee schedule does charge $155/yr for any unaltered dog versus $15.50/yr for an altered dog, which functions as a general sterilization incentive across all breeds.
Because Stockton has no breed-specific ordinance, there are no breed-based violations. Owners of any breed can be cited under SMC Chapter 6.04 if their dog is at large, unlicensed, or unleashed in public. If a dog of any breed is declared potentially dangerous or vicious under Cal. Food & Agric. Code § 31621 et seq. after a hearing, the owner must comply with confinement, signage, leash/muzzle, and elevated license fees, and a vicious-dog designation can result in seizure and humane destruction of the dog.
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Stockton, CA
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See how other cities in San Joaquin County handle breed restrictions.
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