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California Pit Bull Laws: No Bans, But Responsibilities Apply

In California, there are no state laws specifically targeting pit bulls, but local governments have the authority to enact breed-specific regulations. Some cities have implemented ordinances requiring pit bull owners to adhere to stricter guidelines, such as mandatory spaying/neutering and special licensing. It’s essential to check local regulations to understand the specific rules for pit bulls in your area.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

What is a Pit Bull?

According to PSPCA, the term “Pit Bull” encompasses several breeds, including the American Pit Bull Terrier, American Staffordshire Terrier, and Staffordshire Bull Terrier [1]. These breeds originated from crosses between the Old English Bulldogge and various Terriers, aiming to combine the bulldog’s strength and tenacity with the terrier’s agility and gameness.

Originally bred for blood sports like bull- and bear-baiting in Europe and North America, these dogs were trained to attack and immobilize the agitated animal and so were favored for their large, strong jaws and muscular necks and shoulders. When these sports were outlawed in the early 1800s, people began fighting the dogs, a sport more easily concealed from the authorities

Why are Pit Bulls Controversial?

According to DogsBite, Pitbull attacks can result in severe injuries, a fact well-known to first responders like police officers and firefighters, as well as media outlets that frequently report on these incidents [2]. This breed’s notoriety and ongoing social tensions keep pit bulls in the public eye. Over the past 40 years, lawmakers have largely avoided breed-specific legislation, allowing alarming maulings to continue making headlines.

Approximately half of all media coverage concerning pit bulls involves police officers shooting dangerous pit bulls in the line of duty. Since the late 1970s, pit bulls have been commonly used in criminal activities by drug dealers, gang members, and other violent offenders.

The pit bull terrier is the breed of choice for criminals. This choice is directly linked to the pit bull’s selectively bred traits of robust jaw strength, a deadly bite style, tenacity (gameness) and a high tolerance to pain.

Pit Bull Ownership Laws and Regulations in California

According to IJLF, several states have pit bull bans due to perceived dangers, but California recognizes that issues often arise from poor training or owner behavior rather than the breed itself. Consequently, California does not have breed-specific laws for any dogs, including pit bulls [3]. While California lacks breed-specific regulations, it enforces laws concerning public safety and dogs.

These ordinances relate to spay or neuter programs, breeding restrictions, and requirements. Spaying or neutering surgeries aim to prevent aggressive behavior towards other animals.

Rules for Owning Pit Bulls in California

California does not have specific laws against owning pit bulls but enforces dangerous dog laws. These include requirements for licensing, vaccination, and confinement of potentially dangerous or vicious dogs. Under California Penal Code 399 PC, failing to control a dangerous dog can result in misdemeanor or felony charges, with penalties of up to three years in jail.

If you are bitten by a pit bull, the owner could be liable for your injuries through a civil lawsuit, even if the dog has no prior history of biting. California is a strict liability state for dog bites, meaning the owner is responsible regardless of preventive measures. Exceptions to this liability include bites by police or military dogs on duty, bites on trespassers, or provoked bites.

In 2020, a law was passed requiring shelters and rescues to disclose if a dog has bitten someone, detailing the circumstances of the bite. Adopters must acknowledge this history in writing.

Also Read: Top 10 Most Aggressive Dog Breeds

Special Rules for Potentially Dangerous and Vicious Dogs in California

California law imposes specific rules and restrictions on “potentially dangerous” and “vicious” dogs, which can include pit bulls.

Definition of a Potentially Dangerous Dog
A dog is considered potentially dangerous if it has:

  • Acted aggressively off its owner’s property, causing a person to take defensive action.
  • Bitten someone, resulting in injury.
  • Injured or killed a domestic animal off its owner’s property.

Definition of a Vicious Dog
A dog is classified as vicious if it has:

  • Been previously listed as potentially dangerous and continues to behave aggressively.
  • Severely injured or killed a person without provocation in an aggressive manner.
  • Been seized due to involvement in dog fighting, which is a crime under Penal Code 597.5 PC.

Investigation and Enforcement
Dogs are often labeled as potentially dangerous or vicious following an investigation by:

  • An animal control officer.
  • A law enforcement officer.
  • A court hearing.

If a dog is found to pose an immediate threat to public safety after an investigation, authorities have the right to impound it.

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References:

1. https://www.pspca.org/sites/default/files/attachments/2017-07/Pit-Bull-Breed-Definition.pdf
2. https://www.dogsbite.org/dangerous-dogs-pit-bull-faq
3. https://www.injuryjusticeattorney.com/does-california-have-special-rules-for-pit-bulls

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