California Statewide Rule
California Breed-Specific Dog Ordinance Limits Statewide
Key Facts
- Statute
- Food & Ag Code 31683
- Breed bans allowed
- No
- Spay/neuter by breed
- Allowed
- Dangerous-dog law
- Statewide uniform
Summary
California Food and Agriculture Code section 31683 preempts cities from banning specific dog breeds, though localities may regulate spay-neuter and breeding by breed.
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 that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed.
Full Breakdown
California restricts how municipalities can regulate dog breeds. Food and Agricultural Code section 31683 prohibits a local jurisdiction from adopting any breed-specific legislation that declares a particular breed of dog as inherently dangerous, vicious, or that bans ownership outright. Cities and counties may, however, enact mandatory spay/neuter or breeding requirements that apply to specific breeds, provided the program is not breed-specific in the sense of an ownership prohibition. The state's general dangerous-dog statute, Food and Agricultural Code sections 31601-31683, applies uniformly and provides the procedural framework for declaring individual dogs (regardless of breed) as potentially dangerous or vicious. This statewide framework preempts more aggressive municipal bans on pit bulls, Rottweilers, or other breeds.
Violations & Penalties
Municipal breed bans are unenforceable. Individual dangerous-dog determinations under state law may carry restrictions, mandatory confinement, or removal. Owners of dogs declared vicious face misdemeanor liability and possible euthanasia of the animal.
Frequently Asked Questions
Can a California city ban pit bulls outright?
Can my city require pit bulls to be spayed or neutered?
Sources
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