In the state of California, there are no special rules for pit bulls. City and county governments, however, can impose restrictions on pit bull ownership. Those restrictions are generally spay and neuter requirements. Other breed-specific regulations are prohibited. California’s dog bite statute is breed-neutral and does not make special rules for pit bulls.
| State law | City or county ordinances | |
| Dog bite law | Breed neutral | State law applies |
| Other legal restrictions | No | Potentially yes |
Non-breed-specific legislation for vicious or dangerous dogs
Some states have breed-specific legislation (BSL) that targets pit bulls and certain other dog breeds. California’s state laws concerning dogs are not breed-specific. Local laws regulating the control of dangerous dogs are not allowed to be breed-specific. According to the California Food and Agriculture Code:
No program for the control of potentially dangerous or vicious dogs shall be specific as to breed.[1]
For example, California law requires that all dogs be licensed, vaccinated, and controlled by their owners.[2]
Rather than distinguish a dog by its breed, California regulates dogs based on whether they are:
- potentially dangerous, or
- vicious. [3]
A law enforcement or animal control officer can investigate whether a dog is potentially dangerous or vicious. A hearing will be held in court. The dog can be impounded during this process if the officer thinks it is an immediate threat to public health or to public safety.[4]
If the court decides that the dog is a potentially dangerous dog, then the owner has to take extra care to control it on the owner’s property and in a public place.[5] This can require muzzling, fencing, or a kennel. If the owner fails to do so and the dog attacks someone, the owner can be charged with the crime of failure to control a dangerous animal. A conviction can carry up to 3 years in prison. However, the criminal defense and personal injury lawyers at our law firm have found that it is frequently charged as a misdemeanor that carries less jail time.[6]
If the court decides that the dog is vicious, it can order the dog to be put down or can make the owner follow conditions for keeping it.[7] If the owner fails to follow these conditions and the dog attacks someone, the owner can be charged with a crime.
Note that the dog’s breed is not a factor in this determination.
Other states have laws that allow local governments to restrict or outright ban pit bull ownership. For example, many cities in Ohio have banned pit bulls.
Local ordinances may restrict pit bull ownership
Some local California municipalities have breed-specific ordinances related to dogs. These ordinances may include mandatory spay or neuter programs or other breeding restrictions.
Riverside, San Bernardino, and San Francisco Counties, for example, have mandatory sterilization ordinances for pit bulls.[8] These ordinances apply to the following breeds:
- Staffordshire Bull Terriers,
- American Pit Bull Terriers,
- American Staffordshire Terriers, and
- any mixed breeds that include those listed above.
Some exceptions apply, like if the animal is a service dog.
Pit bull dog owners face other consequences
Legal restrictions and breed-specific laws are not the only issues that pit bull owners face in California.
People who own pit bulls or other breeds with a reputation for violence can face higher premiums for homeowners’ insurance or renter’s insurance. Insurance companies see these breeds as an increased risk, and so they increase the costs of their liability insurance coverage. Some of these other breeds of dogs include:
- Rottweilers,
- Doberman Pinschers,
- German Shepherds, and
- Huskies.
Pit bull owners can also deal with social stigmatization from people who think that pit bulls are dangerous to be around.
Finally, some landlords have breed-specific policies. Pit bull owners may struggle to find an apartment to rent because of their dog.
California dog bite laws do not mention dog breeds
California’s dog bite laws are not breed-specific. All dog owners are held strictly liable for injuries caused by their dog, regardless of what breed the dog is.
Strict liability means that the owner can be made to compensate the victim, even if the owner did everything they could to control their dog and prevent the bite.
This is different from many other states, which use the “one bite rule.” In these other states, dog owners are only liable for injuries caused by their dog if they were negligent. To be negligent, owners must be aware of their dog’s aggressive behavior. This generally requires their dog to have bitten someone before.[9]
Legal Citations
[1] California Food and Agriculture Code 31683 FAC.
[2] California Health and Safety Code 121690 HSC.
[3] California Food and Agriculture Code sections 31602 and 31603 FAC.
[4] California Food and Agriculture Code 31625 FAC.
[5] California Food and Agriculture Code 31642 FAC.
[6] California Penal Code 399 PC.
[7] California Food and Agriculture Code 31645 FAC.
[8] Riverside County Ordinance No. 921, San Francisco County Ordinance 43.1, and San Bernardino County Ordinance Chapter 15 section 32.1501.
