California does not have a statewide ban on pit bulls. The dogs, including mixed breed dogs and variants like American Pit Bull Terriers, Staffordshire Bull Terriers and American Staffordshire Terriers, are legal to own throughout the state.
However, some cities and counties have local ordinances that pit bull owners must follow. These include mandatory spay/neuter requirements.
California takes a breed-neutral approach to dangerous dog law.
Call our experienced dog bite lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was bitten by a pit bull or another dog. We can help you recover financial compensation for medical bills, lost wages, pain, suffering, wrongful death and more in connection with your dog attack, and we will charge you no legal fee until we win your case.
Are Pitbulls Legal in California?
Yes, California has no breed-specific laws for any dog, including pit bulls.
California regulates dogs based on dangerous or vicious behavior, not breed.
California Food and Agriculture Code 31683 explicitly prohibits cities and counties from instituting programs which regulate specific dog breeds, with the exception of allowing mandatory spay/neuter programs and breeding requirements.
California’s Dangerous Dog Laws
The state of California has no specific rules against owning pit bulls, but has dangerous dog laws.
California classifies dogs as potentially dangerous dogs or vicious dogs based on their behavior rather than their breed.
Dogs may be labeled potentially dangerous under FAC 31602 if they attack people unprovoked, injure domestic animals off their property, or bite people causing injuries not requiring surgery.
A single unprovoked attack which causes severe injury or death can result in a “vicious” designation.
Failing to control a dangerous dog can be a misdemeanor or felony offense and can result in up to three years in prison.
Potentially dangerous dogs must be leashed and controlled by responsible adults when off their owners’ properties.
California law requires that all dogs be licensed, vaccinated, and controlled by their owners.
California law holds dog owners strictly liable for injuries caused by their dogs, regardless of the dog’s breed, prior bite history or preventative measures. California’s dog bite statute is breed-neutral and does not make special rules for pit bulls.
Local Pitbull Restrictions by City and County in California
Under California law, municipalities have authority to impose specific containment and licensing requirements for pitbulls.
HSC 122331 allows local spay and neuter ordinances and breeding requirements targeting specific breeds.
Some local ordinances in California require pit bulls to be spayed or neutered, with exceptions for certain circumstances. Mandatory spay/neuter ordinances for pitbulls exist in some localities in California, including San Francisco, Riverside County and San Bernardino County. These ordinances apply to Staffordshire Bull Terriers, American Pit Bull Terriers, American Staffordshire Terriers and mixed breeds including those types.
Some exemptions apply, such as for certified service animals.
Pit bull owners may face higher premiums for homeowners’ insurance or renter’s insurance due to the breed’s reputation and perceived increased risk associated with these breeds.
Many landlords and homeowners insurance companies in California restrict or ban pitbulls due to liability risks. Some landlords have breed-specific policies that may make it difficult for pit bull owners to find rental housing. Some insurance companies will not cover pit bulls because they cause a disproportionate rate of bite incidents compared to other breeds.
Cities like San Francisco require breeding permits for pitbulls and prohibit unaltered pitbulls without these permits.
Local ordinances may classify Pitbulls as “potentially dangerous” if they display aggressive behavior.
Local ordinances may include requirements for muzzling, mandatory liability insurance, and specific containment measures for pit bulls.
Always check your city or county’s specific ordinances before acquiring a pit bull.
States That Have Banned Pitbulls
No state in the U.S. has enacted a ban on pit bulls.
However, hundreds of cities and counties have enacted breed-specific restrictions at the local level.
States where municipalities have enacted notable pit bull restrictions or bans include:
- Iowa: 72 cities completely ban pit bulls. 91 cities disallow the owning of multiple pit bulls.
- Kansas: 77 cities completely ban pit bulls. 13 more cities have dangerous dog laws that are breed-specific.
- Ohio: Over 80 cities completely ban pit bulls.
- Missouri: Over 70 cities have breed-specific legislation. Violations in some cities can be punished by jail time or fines.
- Wisconsin: Over 60 municipalities have banned pit bulls or labeled them as vicious.
- Mississippi: 46 municipalities ban or place ownership restrictions on pit bulls.
- Arkansas: 30 cities ban pit bulls.
- Michigan: Most cities have at least some kind of ban which covers pit bulls as well as other bully breeds.
- Kentucky: Numerous cities strictly ban pit bulls.
- Maryland: Pit bull ownership is limited in Prince George’s County.
Breed-specific legislation varies widely. Some municipalities impose full bans, while others mandate muzzling, liability insurance or registration.
If you are relocating and own a pit bull, research the breed-specific laws in your destination location before moving.
What Happens If a Pitbull Bites Someone in California?
Dog owners are liable for injuries caused by their dogs under California’s strict liability dog bite law. This applies regardless of whether the dog has bitten anyone before.
Victims do not need to prove that owners were negligent or knew their dogs were dangerous.
Strict liability exceptions include:
- Bites to trespassers
- Bites which occur due to victims provoking dogs
- Bites involving military or police dogs in the line of duty
Dog bite victims may be entitled to financial compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Psychological counseling
Dogs that bite people in California must be quarantined for up to 10 days to rule out rabies.
Most dogs that bite people in California are not euthanized.
Contact our dog bite attorneys to understand your legal options if you or a loved one was bitten bit a pit bull or any other dog in California.
Responsible Pitbull Ownership in California
Responsible pit bull ownership requires understanding and complying with local laws and regulations. Verify whether your city or county has any local pit bull ordinances before acquiring one.
Local governments can impose restrictions on pit bull ownership, including mandatory spay and neuter requirements. Comply with these requirements, especially in Riverside, San Bernardino and San Francisco counties.
Pit bull owners must ensure their dogs are licensed and vaccinated as part of responsible ownership. California Health and Safety Code 121690 mandates that all dogs must be licensed after four months of age and vaccinated against rabies.
Training and socialization are essential components of responsible pit bull ownership. Enroll your pit bull in obedience training and socialize the animal early to reduce fear-based aggression.
Provide your dog with regular exercise to prevent destructive or aggressive behavior stemming from boredom.
Owners of pit bulls must take extra care to control their dogs, especially if the dog is deemed potentially dangerous or vicious.
Supervise your pit bull around children, unfamiliar people and other animals at all times.
Secure your property with proper fencing and always use a leash in public.
History and Characteristics of Pit Bull Breeds
Pit bull is an umbrella term for several types of dog believed to have descended from bull and terriers.
The term ‘pit bull’ has been used since at least the early 20th century.
The American Kennel Club recognized Pit Bull Terriers under a different name in 1935 and prohibited these dogs from being used in organized fights.
Pit bulls were originally developed from dogs that were bred for bull baiting and dog fighting.
Most pit bull–type dogs descend from the British bull and terrier, a 19th-century dog-fighting type developed from crosses between the Old English Bulldog and the Old English Terrier. The aggressive Old English Bulldog was bred for bear and bull baiting and was often pitted against its own kind in organized dog fights.
Pit bull–type dogs have a controversial reputation as pets internationally due to their history in dog fighting and the number of high-profile attacks documented in the media. Studies have found that pit bull–type dogs have both a high rate of reported bites and a high rate of severe injuries compared to other non–pit bull–type dogs.
Pit bulls are known for their tenacity and refusal to release a bite, even in the face of great pain. The refusal to let go is a behavioral, not physiological trait, and there is no locking mechanism in a pit bull’s jaws.
Pit bull attacks are often perceived as taking place ‘without warning’, possibly due to the type’s fighting heritage.
Many people consider pit bulls undesirable, making it harder for animal shelters to adopt them out.
Proponents of the type and advocates of regulation have engaged in a highly contentious nature-versus-nurture debate over whether aggressive tendencies in pit bulls may be attributed to owners’ poor care or inherent qualities owing to their breeding for fighting purposes.
The debate around pit bull legislation encompasses various perspectives, including the effectiveness of breed-specific legislation.
In the United States, organized dog fights have been progressively outlawed in various states since 1874, culminating in federal legislation criminalizing animal fighting in 2007.
Despite criminalization, illegal fights using pit bull–type dogs have continued to be widespread in the United States.
FAQs
Are Pitbulls Banned in California?
No. Pit bulls are not banned in California at the state level.
Some cities and counties, like those in Riverside and San Bernardino counties, have mandatory spay and neuter ordinances for pit bulls.
California municipalities may not enact breed-specific bans under state law.
Are Pitbulls Illegal to Own Anywhere in the U.S.?
No state in the U.S. has a statewide pit bull ban.
However, hundreds of municipalities have enacted breed-specific restrictions.
BSL Census tracks current ordinances nationwide.
Laws vary widely by jurisdiction. They range from registration requirements to ownership bans in specific cities.
Always verify local breed-specific laws in advance if you are traveling or relocating with a pit bull.
Can a Pitbull Be Euthanized in California?
Pit bulls can be euthanized in California when courts declare the animals vicious and determine they pose significant threats to public safety.
Animal control authorities retain discretion over whether to order euthanasia or impose strict ownership conditions.
Dogs are not typically euthanized after first bites unless the bites caused severe injury or death.
Why Do Pit Bull Bans Exist?
United States municipalities ban pit bulls because pit bulls disproportionately injure people compared to other breeds. Statistics make it clear that pit bulls substantially threaten public safety:
- Pit bulls were estimated to make up 5.8 percent of the United States dog population in 2019 by an Animals 24-7 survey.
- Canines killed 523 people in the United States from 2005 through 2019. 346, or 66 percent of these deaths were contributed to by pit bulls. Rottweilers, the next closest breed, killed 52 Americans in that time period.
- Pit bulls were responsible for 48 percent of fatal infant dog attacks from 2005 to 2019.
- Pit bulls were responsible for 64 percent of cases where dogs killed their primary owners from 2005 to 2019.
- Pit bulls were responsible for 64 percent of cases where dogs killed a family or household member from 2005 to 2019.
- A study published in Journal of Oral and Maxillofacial Surgery in 2020 found that pit bulls are 4.4 times more likely to inflict bites resulting in complex wounds and 2.7 times more likely to attack people off-property compared to other breeds.
- A study published in Clinical Pediatrics in 2017 found that pit bulls are over three times as likely to cause injuries requiring surgery than any other breed, and more than 2.5 times as likely to bite in numerous anatomical locations.
- A study published in Ophthalmic Plastic & Reconstructive Surgery in 2015 found that pit bulls are responsible for 60 percent of all injuries and 63 percent of all ocular injuries caused by unfamiliar dogs.
- A study published in American Journal of Otolaryngology in 2015 found that pit bull terriers are 31 percent more likely to attack unknown individuals and 48 percent more likely to do so without provocation, compared with other breeds.
In addition, pit bulls possess specific characteristics which make them dangerous:
- They bite with twice the force of an average German Shepherd or Doberman Pinscher, and they tend to hold bites and shake instead of letting go after biting.
- They have been selectively bred to attack without provocation and continue attacking until they are about to die.
- They are genetically insensitive to pain, which makes it hard to beat them off dog bite victims.
- They do not give warning signals before attacking or stop attacking when victims submit.
- They have even been known to disembowel dogs that roll over to submit.
A judge in Garcia v. Village of Tijeras stated:
“[Pit bulls] have been known to be friendly and docile at one moment, willing to sit on your lap and lick your face, and at the next moment to attack in a frenzied rage… such berserk frenzies do not occur in other breeds of dog.”
Is Breed-Specific Legislation Effective?
Yes.
A study published in Injury Prevention in 2010 found that regulation of dog ownership, which included breed-specific legislation, reduced dog bite injury hospitalizations by 38 percent in Catalonia.
A study published in Injury Prevention in 2012 found that bans of pit bulls reduced dog bite injury hospitalizations by 18.2 percent in Manitoba.
A study published in Plastic and Reconstructive Surgery – Global Open in 2017 found that, following the introduction of pit bull-specific legislation in Denver, Colorado, only 5.7 percent of dog bites in the city involved pit bulls, compared with 54.4 percent in the rest of the United States.
Are Pit Bull Bans Constitutional?
Pit bull bans are not only constitutional but vital for public safety.
Past constitutional challenges to pit bull bans have been based on the following arguments:
- Substantive due process
- Equal protection
- Vagueness
Substantive Due Process
When people argue that laws are unconstitutional based on substantive due process, they argue that laws must rationally relate to legitimate legislative purposes or goals, unless they implicate fundamental rights which are entitled to constitutional protection.
Courts have consistently ruled that pit bull bans are logically related to the legitimate legislative purpose of public safety.
Dog ownership is not a fundamental right, and the United States Supreme Court has declared that dogs are subject to the state’s police power and may be destroyed or dealt with as necessary for the protection of citizens.
Equal Protection
Some have argued that it is unconstitutional to treat pit bull owners differently than owners of other breeds since many breeds of dogs have hurt people.
A judge in Railway Express Agency, Inc. v. New York stated, “it is no requirement of equal protection that all evils of the same genus be eradicated or none at all.” And, a judge in Starkey v. Township of Chester found that a town “did not have to regulate every dangerous animal at the same time in the same way to pass constitutional muster.”
A pit bull ban, in order to be constitutional regarding equal protection, only needs to have facts existing which justify categorizing pit bulls as a public safety threat, and the statistics clearly show they are.
Others have argued that pit bull bands are unconstitutional since pit bull bans encompass more dogs than necessary to protect the public, and that it’s unfair to outlaw dogs that haven’t shown vicious tendencies.
However, pit bulls have been shown to suddenly turn on owners and pit bull breeders known that it’s impossible to predict what pit bulls will do since it’s impossible to perfectly ascertain their hereditary strains.
“Unfairness” does not make laws unconstitutional. Laws are allowed to protect the public even when they do so more broadly than needed.
Vagueness
Some have argued that pit bull bans are unconstitutional since they don’t clearly define pit bulls.
However, a court found in City of Lima v. McFadden that a pit bull ban “pertained to a particular breed of dog with characteristics generally conforming to the characteristics set forth in… specific references.” And, a court in Garcia v. Village of Tijeras found that the “breed could be recognized by its physical characteristics.”
Pit bull bans can withstand vagueness challenges when they describe the breed of pit bull sufficiently enough for citizens to know what is being banned.
Is the ‘It’s Not the Breed, It’s the Owner’ Argument Valid?
No. Courts have identified pit bulls’ genetic traits, like tenacity, being unpredictably aggressive, having a “hold and shake” style of biting and having a high tolerance for pain.
Have Human-Aggressive Pit Bulls Been Culled From the Gene Pool?
No. Many well-known fighting pit bulls in modern years have carried the title of “man-eater” or “man-biter,” and their famous owners never thought about culling them.
Can Pit Bulls Be Identified?
Courts have ruled that pit bulls can be identified by their physical characteristics.
Does the Media Conspire Against Pit Bulls?
While individual pit bull attacks are commonly reported by the media, it is uncommon for the media to report on long-term pit bull attack statistics, such as 380 Americans being killed by pit bulls from 2005 to 2020.
Do Pit Bulls Lock Their Jaws?
While pit bulls’ jaws don’t physically lock, pit bulls tend to not let go once they bite. Their bite force is so strong that it is essentially impossible to force their jaws open, meaning their jaws are, for all intents and purposes, locked.
Are Pit Bulls Safe Because They Pass the American Temperament Test?
The data this test produces is not based on a random, scientific sampling of any breed of dog, so it is scientifically unreliable since the base population source group cannot be identified.
Are Pit Bulls Predictable?
Pit bulls are known to attack without warning or provocation, and courts have noted this tendency.
What Should I Do If I’m Bitten by a Pitbull in California?
- Seek medical attention immediately and document your injuries with photos.
- Identify the dog and its owner.
- Report the bite to local animal control.
- Preserve any records related to the incident, including medical bills and witness information.
- Contact a dog bite attorney to explore your legal options for financial compensation.
Contact Our Dog Bite Attorneys Today
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was bitten by a pit bull or any other dog. We will charge you no legal fee until we win your case and can help you recover financial compensation for medical expenses, lost wages, pain, suffering, wrongful death and more.
Why Dog Bite Victims Trust Nadrich Accident Injury Lawyers
- We have been successfully handling dog bite claims since 1990.
- Our responsive legal team provides dog bite clients with 24/7 availability, reliable communication and frequent case updates.
- We provide free consultations and charge no legal fee until we win, meaning our only fee is a percentage of any compensation recovered.
- Our lawyers have the comprehensive resources to take on the biggest cases against the most powerful defendants and win.
- We have a high-stakes litigation team with vast experience handling high-value dog bite cases.
- Our attorneys provide trial-ready representation, meaning we’re not afraid to go to trial and won’t settle for less than the full value of your dog bite claim.
- Jeffrey Nadrich, our Founding Attorney, is a noted authority on dog bites who has been featured on Bloomberg News.
- We and our legal teams have recovered over $750 million for clients.
Past results do not guarantee future outcomes. All cases are unique and results depend on cases’ specific facts.
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