DEERING'S CALIFORMA CODES ANNOTATED 

Copyright (c) 1995, Bancroft-Whitney Company
THIS SECTION IS CaJRRENT THROUGH THE 1995 SUPPLEMENT (I994 SESSION)
FOOD AND AGRICULTURAL CODE 
DIVISION 14. Reguiation and Licensing of Dogs
CHAPTER 9. Potentially Dangerous and Vicious Dogs ARTICLE 1. Findings, Definitions, and General Provisions Cal Food & Agr Code prec @ 31601 (1995) Preceding @ 31601. jEditorial NotesJ

NOTES: ARTICLE COLLATERAL REFERENCES:
LAW REVIEW ARTICLES:
Review of 1989 Legislation. 21 Pacific LJ 559.
ANNOTATIOI~TS:
Validity and constrnction of statute, ordinance, or regulation applying to specific dog breeds, such as "pit bulls" or "bull terriers." . 80 ALR4th 70.

FOOD AND AGRICULTURAL CODE
DIVISION 14. Regnlahon and Licensing of Dogs CHAPTER 9. Potentially Dangerous and Vicions Dogs
ATICLE l. Findings, Definitions, and General Provisions Cal Food & Agr Code @ 31601 (1995)

@ 31601. Findings and Declarations
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 and welfare of citizens of this state. In recent years, they have assaulted without provocation and seriously injured numerous individuals, particularly children, and have killed numerous dogs. Many of these attacks have occurred in public places.
(b) The number and severity of these attacks are atoributable to the failure of owners to register, confine, and properly control vicious and potentially dangerous dogs.
(c) The necessity for the reQulation and control of vicious and poternially dangerous dogs is a statewide problem, requiring statewide regulation, and exisring laws are inadequate to deal with the threat to public health and safety posed by vicious and potentially dangerous dogs.

HISTORY: Added Stats 1989 ch 761 sec 1.

GPLGlO (5/95>
1

@ 316fl2. "Potentially ďangerous dog"
"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 in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the properiy of the owner or keeper of the dog.
(b) Any dog which, when unprovoked, bites a person causing a less severe injury than as defined in Section 31604.
(c) Any dog which, when unprovoked, on two separate occasions within the prior 36-month period, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking a domestic animal offthe property of the owner or keeper of the dog.
HISTORY:
Added Stats 1989 ch 761 sec 1.

@ 31603. "Vicious dog"
"Vicious dog" means any of the following:
(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
(b) Any dog which, when unprovoked, in an aggsessive manner, inflicts severe injury on or kills a human being.
(c) ~lny dog previously determined to be and currently Iisted as a potentially dangerous dog which, after its owner or keeper has been notified of this det~ermination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.
HISTORY: Added Stats 1989 ch 761 sec I.

@ 31604. "Severe injnry"
"Severe injury" means any physical injury to a human being that results in muscle tears or disfigs~ing lacerations or requires multiple sutures or corrective or cosmetic surgery.
HISTORY:
Added Stats 1989 ch 761 sec l.

@ 31605. "Enciosnre"
"Enclosure" means a fence or sttucture suitable to prevent the entry of young children, and which is suitable to confine a vicious dog in conjunction with other measures which may be

2

taken by the owner or keeper of the dog. The enclosure shall be designed in order to prevent the ani.mal from escaping. The animal shall be housed pursuant to Section 597t of the Penal Code.

HISTORY:
Added Stats 1989 ch 761 sec l.

@ 31606. "Animal control department"
"Animal control department" means the county or city animal control departn~ent. If the city· or county does not have an animal control deparánent, it means whatever entity performs animal control functions.

HISTORY: Added Stats 1989 ch 761 sec l.

@ 31607. "Imponnded"
"Impound.ed" mPanc táken into the custody of the public pound or animal control department or provider of ani.mal control services to the city or county where the potentially dangerous or vicious dog is foimd.

HISTORY:
Added Stats 1989 ch 761 sec l.

@ 31608. "Connty"
"Counry" includes any c'rty and county.

HISTORY:
Added Stats 1989 ch 761 sec l.

@ 31609. Applicaóility to licensed kennels, hnrnane society shelters, animal control facilities, or veterinarians, or poiice dogs
(a) This chapter does not apply to licensed kennels, h~ane society shelters, animal control facilities, or ve~terinarians.
(b) This chapter does not apply to dogs while utilized by any police department or any law enforcement o~cer in the peziormance of police work.

HISTORY:
Added Stats 1989 ch 761 sec 1.

3

FOOD AND AGRICULTURAL CODE 
DIVISION 14. Regulation and Licensing of Dogs
CHAPTER 9. Potentiaily Dangerous and Vicious Dogs 
ARTICLE 2. Judicial Process
Cal Food & AQr Code prec @ 31621 (1995) Preceding

@ 31621. [Editorial Notes]

NOTES: ARTICLE COLLATERAL REFERENCES:
LAW REVIEW ARTICLES:
Review of 1989 Legislation. 21 Pacific LJ 559.

FOOD AND AGRICULTURAL CODE
DIVISION 14. Regalation and Licensing of Dogs CHAPTER 9. Potentially Daagerous and Vicions Dogs
ARTICLE 2. Judicial Process
Cal Food & Agr Code @ 31621 (I995)

@ 31621. Procednre for declaring dog potentially vicious

county clerk. If the original hearing held pursuant to Section 31621 was before a hearing entity other than the municipal court of the jurisdiction, appeal shall be to the municipal court. If the original heari.ng was held in the municipal court, appeal shall If an animal control o~cer or a law enforcement o~cer has investigated and determined that there exists probable cause to believe that a dog is potentially dangerous or vicious, the chief off~cer of the public pound or animai control department or his or her immediate supemisor or the head of the local law enforcement agency, or his or her designee, shall petition the municipal court within the judicial distcict wherein the dog is owned or kept for a hearing for the purpose of determini.ng whether or not the dog in question should be declared potentially dangemus or vicious. A city or county may establish an adminisá~tive hearing procedure to hear and dispose of petitions filed pursuant to this chapter. Whenever possible, any complaint received from a member of the public which serves as the evídentiary basis for the animal control o~cer or law enforcement o~cer to find probable cause shall be sworn to and verified by the complainant and shall óe attached to the petition. The chief officer of the public pound or animal co~ol department or head of the Iocal law enforcement agency shall notify the owner or keeper of the dog that a hearing will be held by the municipal court or the hearing entity, as the case may be, at which time he or she may present evidence as to why the dog should not be declared potentially dangerous or vicious. The owner or keeper of the dog shall be served with notice of the hearing and a copy of the petition, either personally or by first- class mail with retum receipt requested. The heari.ng shall be held promptly within no less than five working days nor more than 10 working days after service of notice upon the owneT or keeper of the dog. The hearing shall be open to the public. The court may admit into evidence all relevant evidence, íncluding incident reports and the a~davits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. A jury shall not be available. The court may find, upon a preponderance of the evidence, that the dog ís potentially dangerous or vicious and make other orders authorized by this chapter.

4

HISTORY: Added Stats 1989 ch 761 sec 1.

@ 31622. Notice and hearmg
(a) After the hearing conducted pursuant to Section 31621, the owner or keeper of the doa shall be notified in writ3ng of the determination and orders issued, either personally or by fisst-class mail postage prepaid by the court or hearing entity. If a determination is made that the dog is potentially dangerous or vicious, the owner or keeper shall comply with Article 3 (commencing with Section 31641 ) in accordance with a time schedule established by the chief offcer of the public pound or animal control deparrment or the head of the local law enforcement agency, but in no case more than 30 days after the date of the det~ermination or 35 days if notice of the determination is mailed to the owner or keeper of the dog. If the petitioner or the owner or keeper of the dog contests the determination, he or she may, within five days of the receipt of the notice of determination, appeal the decision of the court or héaring entity of original jurisdiction to a court authorized to hear the appeal. The fee for filing an appeal shall be twenty dollars ($ 20), payable to the be to the superior court within the judicial district wherein the dog is owned or kept. The petitioner or the owner or keeper of the dog shall serve personally or by first-class mail, posta.ge prepaid, notice of the appeal upon the other pariy.

(b) The court hearing the appeal shall conduct a hearing de novo, without ajury, and make its own determination as to potential danger and viciousness and make other orders authorized by this chapter, based upon the evidence presented. The hearing shall be conducted in the same manner and within the time periods set forth in Section 31621 and subdivision (a). The court may admit all relevant evidence, including incident reports and the a~davits of witnesses, limit the scope of discovery, and may shorten the time to produce records or witnesses. The issue shall óe decided upon the preponderance of the evidence. íf the court ruies the dog to be potentially dangerous or vicious, the court may establish a time schedule to ensure compliance with this chapter, but in no case more than 30 days subsequent to the daze of the court's determination or 35 days if the service of the judgment is by first-class mail.
HISTORY:

Added Stats 1989 ch 761 sec 1.

@ 31623. Effecí of faiinre to appear at hearing
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 if the owner or keeper fails to appear at the hearing.

HISTORY:
Added Stats 1989 ch 761 sec l.

5

@ 31624. Finality of appeaI
The determination of the court hParina the appeal shall be final and conclusive upon all parties.

HISTORY:
Added Stats 1989 ch 761 sec 1.

@ 31625. Seizure and impoundment of dog

(a) If upon investigation it is determined by the animal control officer or law enforcement o~cer that probable cause exis~s to believe the dog in question poses an immediate threat to public safety, then the animal control officer or law enforcement o~cer may seize and impound the dog pending the hPari~s to be held p~t to this article. The ownes or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.

(b) When a dog has been impounded pursoant to subdivision (a) and it is not contrary to public safety, the chief animal control o~cer shall permit the animal to be confined at the owner's expense in a department approved kennel or veterinary facility.

HISTORY: Added Stats 1989 ch 761 sec 1.

@ 31626. When dog may not be declared poteníially dangerons or vicions

(a) No dog may be declared potentially dangerons or vicious if any injury or damage is ~ by a person who, at the time the injury or damage was sustained, was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime. No dog may be declared potentially dangerons or vicious if the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault No dog may be declared potentially dangerous or vicious if an injury or damage was ~u a~red by a domestic animal which at the time the injury or damage was sustained was teasing, tormenting, abusing, or assaulting the dog.

(b) No dog may be declared po~y dangerous or vicious if the injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or keeper, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

HISTORY: Added Stats 1989 ch 761 sec 1.
6

FOOD AND AGRICULTURAL CODE 
DIVISION 14. Regulation and Licensing of Dogs
CHAPTER 9. Potentially Dangerous and Vicious Dogs 
ARTICLE 3. Disposition of Potentiall Dangerous or Vicious Dogs 
Cal Food & Agr Code prec @ 3I641 (1995)

Preceding @ 31641. [Editorial Notes]
NOTES: ARTICLE COLLATERAL REFERENCES:
LAw REv~w ARTIcLEs:
Review of 1989 Legislation. 21 Pacific LJ ~59.

FOOD AND AGRICULTURAL CODE
DIVISION 14. Regulation and Licensing of Dogs 
CHAPTER 9. Potentially Dangerous and Vicions Dogs
ARTICLE 3. Disposition of PotentiaIly Dangerous or Vicious Dogs Cal Food & Agr Code @ 31641 (199~

@ 31641. Licensing and vaccinatmg of potentially dangerons dog
All potentiaiiy dangerous dogs shall be pmperly licensed and va~~cinated. The licensing authority shall include the potentially dangerous designation in the regisstration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the courc or hearing e:ntity has determined the designation applies to the dog. The city or cotmty n~ay charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.
HISTORY: Added Stats 1989 ch 761 sec 1.

@ 31642. Dog to be kept on owner's property, indoors, or in fenced yard
A potentially dangerous dog, while on the owner's property, shall, at aIl times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially d.angerous animal may be off the owner's premises only if it is restrained by a substantial leash, of appropriate len~.tá, and if it is under the control of a responsible adult.

HISTORY:
Added Stats 1989 ch 761 sec I.

7

@ 31643. Procednre upon sale or transfer of dog
If the dog in question dies, or is sold, transfen~ed, or permanently removed from the city or county where the owner or keeper resides, the owner of a potentially dangerous dog shali notify the ani.mal control department of the changed condition and new location of the dog m wntmg within two working days.

HISTORY:
Added Stats 1989 ch 761 sec l.

@ 31644. Removal from Iist of potentially dangerous dogs
If there are no additional instances of the behavior described in Section 31602 within a 36-month period ~om the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the a~nimal control department that changes in c:~rcumstances or measures taken by the owner or keeper, such as tiraining of the dog, have mitigated the risk to the public safety.

HISTORY: Added Stats 1989 ch 761 sec 1.

@ 31645. Procednre for destraction of potentialiy dangerons dogs

(a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after pr«ceedings conducted under Article 2 (commencing with Section 3 I 621 ), that the release of the dog would create a si~nific~nt threat to the public health, safety, and welfa~e.

(b) If it is determined that a dog found to be vicious shall not be destroyed, the judicial authority shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare.

(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
HISTORY: Added Stats 1989 ch 761 sec 1.

@ 31646. Ownership of vicions dogs prohib'rted
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 for a period of up to three years, when it is found, after proceedings conducted under Article 2 (commencing with Section 3l 621 ), that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.

8
HISTORY: Added Stats 1989 ch 761 sec 1.

FOOD AND AGRICULTURAL CODE
DIVISION l4. Regulation and Licensing of Dogs 
CHAPTER 9. Potentially Dangerous and Vicious Dogs
ARTICLE 4. Penalties
CaI Food & Agr Code @ 31662 (1995)

@ 31662. Penalty
Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred doIlars ($ 500). Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($ 1,000).

HISTORY: Added Stats 1989 ch 761 sec 1.

NOTES: 
COLLATERAL REFERENCES:

L.Aw REWEw ARTIcLEs:
Review of 1989 Legislation. 21 Pacific L1 5~9.

@ 31663. Payment of fines
All fines paid pursuant to this article shall be paid to the city or county in which the violation occurred for the purpose of defiaying the cost of the implementatíon of this chapter.

HISTORY:
Added Stats 1989 ch 761 sec 1.

NOTES: COLLATERAL REFERENCES:
LAw REVIEw A,RTTCLES:
Review of 1989 Legislation. 21 Pacific LJ 559.

9

FOOD AND AGRICULTUR,AL CODE
DIVISION I4. Regulation and Liceasing of Dogs 
CHAPTER 9. Potentially Dangerous and Vicious Dogs
ARTICLE S. Miscellaneous
Cal Food & Agr Code @ 31681 (1995)

@ 31681. Partial invaůdity
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 applications of the chapter which cau be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

HISTORY: 
Added Stats 1989 ch 761 sec l.

NOTES: 
COLLATERAL REFERENCES:

LAW REVIEW ARTICLES:
Review of 1989 Legislation. 21 Pacific LJ 5~9.

@ 31682. Judicial Council forms
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 in the enforcement of this chapter. This chapter does not affect or change the existing civil liability or criminal Iaws regarding dogs.

HISTORY:
Added Stats 1989 ch 761 sec 1.

NOTES: 
COLLATERAL REFERENCES:

LAW REV~W AR'I~CLES:
Review of 1989 Legislation. 21 Pacific LJ 559.

@ 31683. Effect of chapter upon power of cities or connties
Nothing in this chapter shall be construed to prevent a city or county ~om adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs, provided that no program shall regulate these dogs in a manner that is specific as to breed.

10
HISTORY: 
Added Stats 1989 ch 761 sec 1.

NOTES: 
COLLATERAL REFERENCES:

LAW REVIEW ARTICLES:
Review of I989 Legislation. 2I Pacific LJ ~59.

PENAL CODE
PART l. Crimes and Panishments
TITLE 10. Crimes Against the Public Health and Safety Cal Pen Code @ 399.5 (1995)

@ 3995. Liability for injuries caused by tramed attack dog
   (a) Any person owni.ng or having custody or control of a dog trained to fight, attack, or kill is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($ 1,000), or by both, i~ as a result of tbat person's failure to exercise ordinary care, the dog bites a hutnan being, on two separate occasions or on one occasion causing substantial physical injury. No ~rson shall be criminally liable under this section, however, unless he or she knew or reasonabiy should have known of the vicious or dangerous nature of the dog, or if the victim failed to take all the precautions that a reasonable person would ordinarily take in the same situation.
    (b) Following the conviction of an individual for a violation of this section, the court shall hold a hearing to determine whether conditions of the treamient or confinement of the dog or other circumstances existing at the time of the bite or bites have changed so as to semove the danger to other persons presented by the animal. The court, after hearing, may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not Iimited to, the removal of the animal úom the area or its destraction if necessary.
(c) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) based on a bite or bites inflicted upon a trespasser, upon a person who has provoked the dog or contributed to his or her own injuries, or by a dog used in military or police work if the bite or bites occ~ured while the dog was actoally performing in that capacity. As used in this subdivision, "provocation" includes, but is not limited to, situations where a dog held on a leash by its owner or custodian reacts in a protective manner to a person or persons who approach the owner or custodian in a threatening manner.
(d) Nothing in this section shall be construed to affect the liability of the owner of a dog under Section 399 or any other provision of Iaw.
HISTORY: Added Stats 1984 ch 655 @ 2, efFective August 16, 1984.
NOTES:
11

COLLATERAL REFERENCES:
Witkin & Epstein, Criminal Law (2d ed) @ 1088.

TRIAL TECHNlQUES:
Pit bulldog attack litigation. 33 Am Jnr Trials 195.

LAW REVIEW A.RTTCLES:
Review of Selected I984 Legislation. 16 Pacific LJ 736.

ANNOTATIONS:
Liability for injuries inflicted by dog on public o~cer or employee. 74 ALR4th 1120.
Landlord's liability to third person for injmy resutting from attack on leased premises by dangemus or vicious animaI kept by tenant. 87 ALR4th 1004. Intentional provocation, contributory or comparative negligence, or assumption of risk as defense to action for injury by dog. 11 ALRSth 127.

12

--------------------------------------------------------------------

VERZE z INTERNETU  :

DANGEROUS DOG LAW OF CALIFORNIA.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 
1.	Chapter 9 (commencing with Section 31601) is added to Division 14
 of the Food and Agricultural Code, to read:  CHAPTER 9. POTENTIALLY DANGEROUS AND VICIOUS DOGS Article 
2.	1. Findings,
 Definitions, and General Provisions
 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 and welfare of citizens of this state. In
 recent years, they have assaulted without provocation and seriously
injured
 numerous individuals, particularly children, and have killed numerous
dogs.
 Many of these attacks have occurred in public places.
 (b) The number and-severity of these attacks are attributable to the
failure
 of owners to register, confine, and properly control vicious and
potentially
 dangerous dogs.
 (c) The necessity for the regulation and control of vicious and
potentially
 dangerous dogs is a statewide problem, requiring statewide regulation, and
 existing laws are inadequate to deal with the threat to public health and
 safety posed by vicious and potentially dangerous dogs.
 31602. 'Potentially dangerous dog' means any of the following:
 (a) Any dog which, when unprovoked, ontwo separate occasions within the
 prior 36-month period, engages in any behavior that requires a defensive
 action by any person to prevent bodily injury when the person and the dog
 are off the property of the owner or keeper of the dog.
 (b) Any dog which, when unprovoked, bites a person causing a less severe
 injury than as defined in Section 31604.
 Any dog which, when unprovoked, on two separate occasions within the prior
 36-month period, has killed, seriously bitten, inflicted injury, or
 otherwise caused injury attacking a domestic animal off the property of
the
 owner or keeper of the dog.
 31603. 'Vicious dog, means any of the following:
 (a) Any dog seized under Section 599aa of the Penal Code and upon the
 sustaining of a conviction of the owner or keeper under subdivision (a) of
 Section 597.5 of the Penal Code.
 (b) Any dog which, when unprovoked, in an aggressive manner, inflicts
severe
 injury on or kills a human being.
 (c) Any dog previously determined to be and currently listed as a
 potentially dangerous dog which, after its owner or keeper has been
notified
 of this determination, continues the behavior described in Section 31602
or
 is maintained in violation of Section 31641, 31642, or 31643.
 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 or cosmetic surgery.
 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 other measures which may be taken by the owner or keeper
of
 the dog. The enclosure shall be designed in order to prevent the animal
from
 escaping. The animal shall be housed pursuant to Section 597t of the Penal
 Code.
 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 whatever entity performs animal control functions.
 31607. 'Impounded' means taken into the custody of the public pound or
 animal control department or provider of animal control services to the
city
 or county where the potentially dangerous or vicious dog is found.
 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 dogs while utilized by any police
 department or any law enforcement officer in the performance of police
 work.-
 Article 2. Judicial Process
 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 dangerous or vicious, the chief officer of the public
 pound or animal control department or his or her immediate supervisor or
the
 head of the local law enforcement agency, or his or her designee, shall
 petition the municipal court within the judicial district wherein the dog
is
 owned or kept, for a hearing for the purpose of determining whether or not
 the dog in question should be declared potentially dangerous or vicious. A
 city or county may establish an administrative hearing procedure to hear
and
 dispose of petitions filed pursuant to this chapter. Whenever possible,
any
 complaint received from a member of the public which serves as the
 evidentiary basis for the animal control officer or law enforcement
officer
 to find probable cause shall be sworn to and verified by the complainant
and
 shall be attached to the petition. The chief officer of the public pound
or
 animal control department or head of the local law enforcement agency
shall
 notify the owner or keeper of the dog that a hearing will be held by the
 municipal court or the hearing entity, as the case may be, at which time
he
 or she may present evidence as to why the dog should not be declared
 potentially dangerous or vicious. The owner or keeper of the dog shall be
 served with notice of the hearing and a copy of the petition, either
 personally or by first-class mail with return receipt requested. The
hearing
 shall be held promptly within no less than five working days nor more than
 10 working days after service of notice upon the owner or keeper of the
dog.
 The hearing shall be open to the public. The court may admit into evidence
 all relevant evidence, including incident reports and the affidavits of
 witnesses, limit the scope of discovery, and may shorten the time to
produce
 records or witnesses. A jury shall not be available. The court may find,
 upon a preponderance of the evidence, that the dog is potentially
dangerous
 or vicious and make other orders authorized by this chapter.
 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, either personally or by first-class mail postage prepaid by
 the court or hearing entity. If a determination is made that the dog is
 potentially dangerous or vicious, the owne'r or keeper shall comply with
 Article 3 (commencing with Section 31641) in accordance with a time
schedule
 established by the chief officer of the public pound or animal control
 department or the head of the local law enforcement agency, but in no case
 more than 30 days after the date of the determination or 35 days if notice
 of the determination is mailed to the owner or keeper of the dog. If the
 petitioner or the owner or keeper of the dog contests the determination,
he
 or she may, within five days of the receipt of the notice of
determination,
 appeal the decision of the court or hearing entity of original
jurisdiction
 to a court authorized to hear the appeal. The fee for filing an appeal
shall
 be twenty dollars ($20.00), payable to the county clerk. If the original
 hearing held pursuant to Section 31621 was before a hearing entity other
 than the municipal court of the jurisdiction, appeal shall be to the
 municipal court. If the original hearing was held in the municipal court,
 appeal shall be to the superior court within the judicial district wherein
 the dog is owned or kept. The petitioner or the owner or keeper of the dog
 shall serve personally or by first-class mail, postage prepaid, notice of
 the appeal upon the other party.
 (b) The court hearing the appeal shall conduct a hearing de novo, without
a
 jury, and make its own determination as to potential danger and
viciousness
 and make other orders authorized by this chapter, based upon the evidence
 presented. The hearing shall be conducted in the same manner and within
the
 time periods set forth in Section 31621 and subdivision (a).
 The court may admit all relevant evidence, including incident reports and
 the affidavits of witnesses, limit the scope of discovery, and may shorten
 the time to produce records or witnesses. The issue shall be decided upon
 the preponderance of the evidence. If the court rules the dog to be
 potentially dangerous or vicious, the court may establish a time schedule
to
 ensure compliance with this chapter, but in no case more than 30 days
 subsequent to the date of the court's determination or 35 days if the
 service of the judgment is by first-class mail.
 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 if the owner or keeper fails to appear at the hearing.
 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 poses an immediate threat to public safety, then the animal
control
 officer or law enforcement officer may seize and impound the dog pending
the
 hearings to be held pursuant to this article. The owner or keeper of the
dog
 shall be liable to the city or county where the dog is impounded for the
 costs and expenses of keeping the dog, if the dog is later adjudicated
 potentially dangerous or vicious.
 (b) When a dog has been impounded pursuant to subdivision (a) and it is
not
 contrary to public safety, the chief animal control officer shall permit
the
 animal to be confined at the owner's expen,se in a department approved
 kennel ,or veterinary facility.
 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
 sustained, was committing a willful trespass or other tort upon, premises
 occupied by the owner or keeper of the dog, or was teasing, tormenting,
 abusing, or assaulting the dog, or was committing or attempting to commit
a
 crime. No dog may be declared potentially dangerous or vicious if the dog
 was protecting or defending a person within the immediate vicinity of the
 dog from an unjustified attack or assault. No dog may be declared
 potentially dangerous or vicious if an injury or damage was sustained by a
 domestic animal which at the time the injury or damage was sustained was
 teasing, tormenting, abusing, or assaulting the dog.
 (b) No dog may be declared potentially dangerous or vicious if the injury
or
 damage to a domestic animal was sustained while the dog was working as a
 hunting dog, herding dog, or predator control dog on the property of, or
 under the control of, its owner or keeper, and the damage or injury was to
a
 species or type of domestic animal appropriate to the work of the dog.
 Article 3. Disposition of Potentially Dangerous or Vicious Dogs
 31641. All potentially dangerous dogs shall be properly licensed and
 vaccinated. The licensing authority shall include the potentially
dangerous
 designation in the registration records of the dog, either after the owner
 or keeper of the dog has agreed to the designation or the court or hearing
 entity has determined the designation applies to the dog.
 The city or county may charge a potentially dangerous dog fee in addition
to
 the regular licensing fee to provide for the increased costs of
maintaining
 the records of the dog.
 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 escape, and into which children cannot trespass. A potentially
 dangerous animal may be off the owner's premises only if it is restrained
by
 a substantial leash, of appropriate length, and if it is under the control
 of a responsible adult.
 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 potentially dangerous dog shall notify the animal control department
of
 the changed condition and new location of the dog in writing within two
 working days.
 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 dangerous dog, the dog shall be removed from the list of
 potentially dangerous dogs. The dog may, but is not required to be,
removed
 from the list of potentially dangerous dogs prior to the expiration of the
 36-month period if the owner or keeper of the dog demonstrates to the
animal
 control department that changes in circumstances or measures taken by the
 owner or keeper, such as training of the dog, have mitigated the risk to
the
 public safety.
 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 (commencing with Section 31621), that the release of the dog
would
 create a significant threat to the public health, safety, and welfare.
 (b) If it is determined that a dog found to be vicious shall not be
 destroyed, the judicial authority shall impose conditions upon the
ownership
 of the dog that prot ect the public health, safety, and welfare.
 (c) Any enclosure that is required pursuant to subdivision (b) shall meet
 the requirements of Section 31605. 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 for a period of up to three years, when it is found, after
 proceedings conducted under Article 2 (commencing with Section 31621),
that
 ownership or possession of a dog by that person would create a significant
 threat to the public health, safety, and welfare.
 Article 4. Penalties
 31662. Any violation of this chapter involving a potentially dangerous dog
 shall be punished by a fine not to exceed five hundred dollars ($500.00).
 Any violation of this chapter involving a vicious dog shall be punished by
a
 fine not to exceed one thousand dollars ($1,000.00).
 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 implementation of this chapter.
 Article 5. Miscellaneous
 31681. If any provision of this chapter or the application thereof to any
 person or circumstance is held invalid, that invalidity shall not affect
 othe-r provisions or applications of the chapter which can be given effect
 without the invalid provision or application, and to this end the
provisions
 of this chapter are severable.
 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 in the enforcement of this chapter. This chapter does
 not affect or change the existing civil liability or criminal laws
regarding
 dogs.
 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 vicious dogs that may incorporate all, part, or
 none of this chapter, or that may punish a violation of this chapter as a
 misdemeanor or may impose a more restrictive program to control
potentially
 dangerous or vicious dogs, provided that no program shall regulate these
 dogs in a manner that is specific as to breed.
 SEC. 2. No reimbursement is required by this act pursuant to Section 6 of
 Article XIIIB of the California Constitution for those costs which may be
 incurred by a local agency or school district because this act creates a
new
 crime or infraction, changes the definition of a crime or infraction,
 changes the penalty for a crime or infraction, or eliminates a crime or
 infraction. Moreover, no reimbursement is required by this act pursuant to
 Section 6 of Article XIIIB of the California Constitution because the
local
 agency or school district has the authority to levy service charges, fees,
 or assessments sufficient to pay for the program or level of service
 mandated by this act.
 Notwithstanding Section 17580 of the Government Code, unless otherwise
 specified in this act, the provisions of this act shall become operative
on
 the same date that the act takes effect pursuant to the California
 Constitution.