CHAPTER 9. Potentially Dangerous and Vicious Dogs [31601. - 31683.]

Chapter 9 added by Stats. 1989, Ch. 761, Sec. 1.

§§ 31601–31683 · 26 sections

1. ARTICLE 1. Findings, Definitions, and General Provisions §§ 31601–31609 · 9 sections

   • § 31601 The Legislature finds and declares all of the following: (a) Potentially dangerous and vicious dogs have become a serious and widespread threat to the safety…
   • § 31602 “Potentially dangerous dog” means any of the following: (a) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, engages…
   • § 31603 “Vicious dog” means either of the following: (a) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being. (b)…
   • § 31604 “Severe injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective…
   • § 31605 “Enclosure” means a fence or structure suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with…
   • § 31606 “Animal control department” means the county or city animal control department. If the city or county does not have an animal control department, it means…
   • § 31607 “Impounded” means taken into the custody of the public animal shelter or animal control department or provider of animal control services to the city or county…
   • § 31608 “County” includes any city and county.
   • § 31609 (a) This chapter does not apply to licensed kennels, humane society shelters, animal control facilities, or veterinarians. (b) This chapter does not apply to…
2. ARTICLE 2. Judicial Process §§ 31621–31626 · 6 sections

   • § 31621 If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that a dog is potentially…
   • § 31622 (a) After the hearing conducted pursuant to Section 31621, the owner or keeper of the dog shall be notified in writing of the determination and orders issued,…
   • § 31623 The court or hearing entity of original jurisdiction or the court hearing the appeal may decide all issues for or against the owner or keeper of the dog even…
   • § 31624 The determination of the court hearing the appeal shall be final and conclusive upon all parties.
   • § 31625 (a) If upon investigation it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the dog in question…
   • § 31626 (a) No dog may be declared potentially dangerous or vicious if any injury or damage is sustained by a person who, at the time the injury or damage was…
3. ARTICLE 3. Disposition of Potentially Dangerous or Vicious Dogs §§ 31641–31646 · 6 sections

   • § 31641 All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the…
   • § 31642 A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot…
   • § 31643 If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner or keeper resides, the owner of a…
   • § 31644 If there are no additional instances of the behavior described in Section 31602 within a 36-month period from the date of designation as a potentially…
   • § 31645 (a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings conducted under Article 2…
   • § 31646 The owner of a dog determined to be a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having custody of any dog…
4. ARTICLE 4. Penalties §§ 31662–31663 · 2 sections

   • § 31662 Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of…
   • § 31663 All fines paid pursuant to this article shall be paid to the city or county in which the violation occurred for the purpose of defraying the cost of the…
5. ARTICLE 5. Miscellaneous §§ 31681–31683 · 3 sections

   • § 31681 If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or…
   • § 31682 The Judicial Council shall prepare all forms necessary to give effect to this chapter, including a summons or citation to be used by law enforcement agencies…
   • § 31683 Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or…