LEGISLATIVE DIGEST
(click here to download two documents with slightly varying definitions)

 [Mandating the spaying and neutering of pit bulls and prohibiting non-permitted breeding of pit bulls.]

 Ordinance amending Article 1 of the San Francisco Health Code by: adding Section 43, to define pit bull and to create a procedure for determining breed; adding Section 43.1, to require every pit bull in the City and County of San Francisco to be spayed or neutered unless one of the enumerated exceptions apply; adding Section 43.2, to establish fines of $100 to $1000 for failing to spay or neuter, to limit an owner from redeeming an impounded unspayed or unneutered pit bull, to provide a procedure for the Department of Animal Care and Control to spay or neuter a pit bull upon a deposit of $100 with an ultimate fee of the actual expenses incurred, and to set a fee of $60 for Animal Care and Control to transport a pit bull to a private veterinarian for spaying or neutering; adding Section 43.3, to allocate fines to the Department of Animal Care and Control; adding Section 44, to provide permit requirements for the breeding and/or transferring ownership or possession of pit bull puppies within the City and County of San Francisco; adding Section 44.1, to create a permit procedure including standards for granting or denying a permit and establish a permit fee of $100; adding Section 44.2, to create a procedure for revoking a permit; adding Section 44.3, to require posting of permit numbers on any offer of sale, trade or adoption and to require permit holders to inform the Department of Animal Care and Control of the number of puppies born and transfer of ownership or possession of puppies; adding Section 44.4, to create fines of $100 to $1000 for failure to comply with permit requirements; adding Section 44.5, to allocate fines to the Department of Animal Care and Control; adding Section 44.6, to define exceptions to the breeding permit requirements; and making environmental findings.

Existing Law 

The San Francisco Municipal Code does not currently contain any provisions regarding the mandatory spaying or neutering of pit bulls.  The State of California’s Assembly and Senate have passed SB 861 to allow for breed-specific legislation due to threats to public health and safety.  SB 861 authorizes local governments to enact dog breed-specific ordinances pertaining only to mandatory spay or neuter programs and breeding requirements, provided that no specific dog breed, or mixed dog breed, shall be declared potentially dangerous or vicious under those ordinances. Jurisdictions that implement spay/neuter and breeding programs pursuant to SB 861, shall measure the effect of those programs by compiling statistical information on dog bites. The information shall, at a minimum, identify dog bites by severity, the breed of the dog involved, whether the dog was altered, and whether the breed of dog was subject to a program established pursuant to the spay/neuter and breeding programs. These statistics shall be submitted quarterly to the State Public Health Veterinarian.  Currently SB 861 is at the Governor’s desk awaiting approval.   

Additions to Current Law 

1.                  Pit bull definition:  A pit bull is defined as any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier, or any dog displaying the majority of physical traits of any one or more of the above breeds, or any dog exhibiting those distinguishing characteristics that substantially conform to the standards established by the American Kennel Club (“AKC”) or United Kennel Club (“UKC”) for any of the above breeds.  The AKC and UKC standards for the above breeds are listed on their websites as well as online through the Animal Care and Control Department's ("Department") website.  The Department of Animal Care and Control will make a determination of breed as necessary.  (Section 43.)

READ OUR COMMENTS ON THIS DEFINITION OF PIT BULL

 2.                  Mandatory spaying/neutering:  Every pit bull in the City and County of San Francisco must be spayed or neutered unless it fits an enumerated exception.  The enumerated exceptions are:  the pit bull is under eight weeks of age; the pit bull cannot be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to a physical abnormality; the pit bull has been present in the City and County of San Francisco for less than thirty days; the owner, guardian or keeper has obtained, or has submitted an application for a breeding permit in accordance with Section 44 et seq. of the San Francisco Health Code; the determination of breed is under appeal pursuant to Section 43(b); or the pit bull is a show dog.  (Section 43.1.)

 3.                  Penalties for failure to spay/neuter:  Penalties are imposed for the failure of an owner, guardian or keeper to spay or neuter his/her pit bull.  (Section 43.2.)

 4.                  Allocation of fees and fines:  All fees and the City's share of all fines collected under the spay/neuter ordinance shall be used only by the Animal Care and Control Department to fund the implementation and enforcement of the pit bull spaying/neutering program.  (Section 43.3.)

 5.                  Requiring a breeding permit:  A breeding permit will be required for the breeding of pit bulls within the City and County of San Francisco.  (Section 44.)

 6.                  Granting or denying permit:  Upon application, the Department of Animal Care and Control may issue breeding permits that last for one year.  Granting or denying a permit to an applicant will be based on the owner, guardian or keeper meeting all of the requirements set forth by the Department of Animal Care and Control.  If more than one owner, guardian, or keeper is involved in the breeding process, each party must apply for and be granted a breeding permit.  (Section 44.1.)

 7.                  Revocation of permit:  The Department of Animal Care and Control may, after conducting a hearing, revoke a breeding permit for violations of Sections 42 through 44.5 of the San Francisco Health Code.  The owner, guardian or keeper will be subject to the penalties set forth in the breeding permit section.  (Section 44.2.)

 8.                  Sale or transfer of pit bull puppies:  Any owner, guardian or keeper residing in or conducting a transaction within the City and County of San Francisco who offers any pit bull puppies under six months old for sale, trade, or adoption, must prominently post his/her valid breeding permit number with any offer of sale, trade, or adoption.  The permit number must also be supplied in writing to the individual, firm, corporation, or other entity that acquires a puppy.  (Section 44.3.) 

9.                  Fines:  Fines will be imposed against an owner, guardian or keeper who violates any breeding permit provisions.  (Section 44.4.)

 10.             Allocation of fees and fines:  All fees and the City's share of all fines collected under the breeding permit ordinance shall be used only by the Animal Care and Control Department to fund the implementation and enforcement of the pit bull breeding permit program.  (Section 44.5.)

11.             Exceptions to breeding permit posting requirements:  The Department of Animal Care and Control or a valid 501(c)(3) animal welfare and rescue organization that seeks adoptive homes for pit bulls may transfer ownership and place ads without displaying or supplying a permit number.  (Section 44.6.)  

Background Information

 In the wake of the tragic dog mauling and killing of a 12 year old child in San Francisco by two pit bulls, Mayor Gavin Newsom appointed a canine response working group to review and assess potential measures that the City could take to minimize the chances of such attacks occurring in the future.  At the urging of the City, Senator Jackie Speier introduced SB 861 to amend California Food and Agricultural Code Section 31683.  Currently, Section 31683 does not allow cities and counties to regulate dogs in a manner that is specific to breed.  SB 861 has been passed by both the Assembly and the Senate and, if signed by the Governor, will allow cities and counties to pass breed specific spay/neuter and breeding legislation.  In anticipation of the passage of SB 861, and at the request of Supervisor Bevan Dufty, the attached Ordinance has been drafted to set forth spay/neuter and breeding permit requirements for all pit bulls in the City and County of San Francisco.