Barstow, California

CHAPTER 8.20. SPAYING AND NEUTERING OF PIT BULLS

Sec. 8.20.010 – Spaying and neutering of pit bulls.

(a) No person shall own or keep a pit bull over the age of four months which has not been spayed or neutered, except as provided in subsection (c) of this section.

(b) For the purposes of this chapter, the term “pit bull” means any Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, any of these breeds so as to be identifiable as partially of one of these breeds.

(c) The following pit bulls are exempt from the regulations described in subsection (a) of this section:

(1) A purebred Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier, recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or other comparable national dog registry.

(2) A dog that has been appropriately trained and is actually being used by a public law enforcement agency for law enforcement purposes.

(3) An assistance dog as defined in Food and Agricultural Code § 30850.

(4) A dog which has been certified by a licensed veterinarian as having a health reason for not being spayed/neutered.

(5) A dog which is used for breeding purposes at a breeding kennel licensed by the county.

Sec. 8.20.020. – Determination of breed.

(a) Upon the request of any person, including the city manager, or upon the humane officer’s own initiative, the humane officer will determine whether a dog is a pit bull that has not been spayed or neutered in violation of section 8.20.10.

(b) The dog owner or custodian may appeal a determination issued pursuant to subsection (a) of this section by filing a written request for appeal with the city within ten days after notice of the determination is mailed to the owner or custodian. No provision herein shall prohibit personal service. The determination by the humane officer is deemed final if a timely appeal is not received by the city. The appeal shall be heard within 30 days after the city’s receipt of the request for appeal. The city shall mail written notification to the owner or custodian of the date, time, and place of the hearing, at least ten days prior to the hearing date. Failure of the owner or custodian or agent to appear at the hearing will result in forfeiture of the right to a hearing.

(c) The hearing may be informal and the rules of evidence not strictly observed. The hearing shall be conducted by a hearing officer designated by the city. The determination of the hearing officer shall be final.

(d) The city shall mail written notification of the appeal determination to the owner or custodian of the dog within ten days after the hearing.

(e) If the written notification of the appeal determination confirmed that the dog is an unaltered pit bull kept in violation of section 8.20.010(a), the owner or custodian of the pit bull shall submit written documentation to the city confirming compliance with section 8.20.010(a) within 15 days of the city mailing the notice of determination. Alternatively, if the pit bull has been moved to a location outside the city, within 15 days of the city mailing the notice of determination, the owner or custodian shall provide the city with the new location of the pit bull, the current owner or custodian’s name, and the telephone number and address of the owner or custodian.

Sec. 8.20.030. – Penalties and criminal actions.

Any person, firm, partnership, corporation or other entity (hereafter “person”) violating any provision of this chapter is guilty of an infraction or misdemeanor as hereinafter specified. The penalties for violations of any provision of this chapter are as follows:

(1) First violation.

a. A first violation may result in the city impounding the pit bull. The owner or custodian of the pit bull shall be responsible for the costs of impoundment, including daily boarding costs, if it is determined that the owner or custodian is in violation of section 8.20.010(a).

b. A first violation shall be an infraction punishable by a fine not to exceed $100.00. Any owner of an unaltered pit bull who has been cited for a violation of this chapter shall have his citation dismissed if within 30 days after being notified of the violation, the owner or custodian corrects the violation or provides the city proof that the animal has been spayed or neutered.

(2) Second violation. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it shall be deemed a second violation. Additionally, a violation within one year of a first violation shall be deemed a second violation. A second violation is an infraction punishable by a fine not to exceed $200.00.

(3) Third violation. A subsequent violation after the second within one year shall be punishable as a misdemeanor or as an infraction punishable by a fine not to exceed $500.00.

(4) Fourth violation. Whenever any person has been convicted of three violations of this chapter within a one-year period, any fourth violation shall be a misdemeanor punishable as has been set forth in section 1.01.150(a).

(5) New violations daily. Each person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense.