Gilroy, CA Animal Ordinances: Mandatory Spay/Neuter (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?
What happens on a first violation of the sterilization rule?
Is a second violation more serious?
Sources & Official References
Other rules in Gilroy
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