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Gilroy, CA Animal Ordinances: Mandatory Spay/Neuter (2026)

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

Key Facts

Sterilization required
All pit bulls unless exception applies
Exceptions
Under 8 weeks, health risk, breeding/show permit
First-violation reclaim fee
$100 dept. sterilization or $60 outside vet
Second-violation penalty
Misdemeanor, up to $1,000/6 months
State authority
Cal. SB 861 / Food & Ag Code § 31683

Summary

In the City of Gilroy, every pit bull must be spayed or neutered unless the owner qualifies for a narrow exception, such as a breeding permit, a veterinarian-certified health risk, or show-dog registration, under Gilroy City Code § 4.68. A first violation lets animal control impound the dog and fine the owner under § 4.9; a second violation is a misdemeanor punishable by up to $1,000 and six months in jail.

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: ... The pit bull is under eight (8) weeks of age. ... 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. ... 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

Gilroy adopted its pit bull sterilization law under state authority: § 4.64 cites Senate Bill 861, codified at California Food and Agricultural Code § 31683 and Health and Safety Code § 122331, which let cities require breed-specific spaying and neutering. Section 4.66 defines "pit bull" broadly to include the 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-conforming characteristics of those breeds; an owner unsure of a dog's breed can request a determination from the department under § 4.67, appealable to the director within five business days.

Section 4.68 makes it unlawful to own, keep or harbor an unspayed or unneutered pit bull in the city unless it falls under six exceptions: it is under eight weeks old, a veterinarian certifies it cannot be sterilized without a high risk of serious harm or death, it has been in the city fewer than thirty days, the owner holds or has applied for a breeding permit under § 4.72, breed determination is on appeal, or it is a registered show dog with AKC/UKC papers on file.

Section 4.69 sets the penalties: a first violation lets the department impound the pit bull, charges it as an infraction fined under § 4.9, and lets the owner reclaim the dog only after paying a $100 deposit for department sterilization, a $60 fee to use an outside vet, or signing an affidavit to sterilize within two weeks; a second violation is a misdemeanor punishable by up to six months in county jail, a fine up to $1,000, or both, plus impoundment.

Violations & Fines

Owning an unspayed or unneutered pit bull without qualifying for an exception under § 4.68 draws impoundment and an infraction fine under § 4.9 for a first offense; the owner can reclaim the dog only by paying a $100 department sterilization deposit, a $60 outside-vet delivery fee, or signing a two-week sterilization affidavit. A second violation of § 4.68 is a misdemeanor punishable by up to $1,000, up to six months in county jail, or both, under § 4.69(2).

Frequently Asked Questions

Do all pit bulls in Gilroy have to be sterilized?
Yes, under Gilroy City Code § 4.68, unless the dog qualifies for one of six exceptions: it is under eight weeks old, a veterinarian certifies sterilization would risk serious harm or death, it has been in the city fewer than thirty days, the owner holds or has applied for a breeding permit, breed determination is under appeal, or it is a papered show dog.
What happens on a first violation of the sterilization rule?
The department may impound the pit bull and cite the owner for an infraction under § 4.9. To reclaim the dog, the owner must pay a $100 deposit for the department to sterilize it, pay the department $60 to deliver it to an outside veterinarian, or sign an affidavit promising sterilization within two weeks, per § 4.69(1).
Is a second violation more serious?
Yes. Under § 4.69(2), a second violation of § 4.68 is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, or both, and the department may again impound and dispose of the pit bull under §§ 4.30 and 4.50.

Sources & Official References

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