Amended IN Assembly April 09, 2025 Amended IN Assembly March 19, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 793Introduced by Assembly Member Schultz(Coauthor: Assembly Member Alanis)February 18, 2025 An act to amend Sections 31601, 31609, 31621, 31622, 31626, 31645, and 31683 of, and to add Sections 31601.5, 31601.7, 31601.11, 31601.13, 31601.15, and 31622.5 to, the Food and Agricultural Code, relating to dogs. LEGISLATIVE COUNSEL'S DIGESTAB 793, as amended, Schultz. Potentially dangerous and vicious dogs: designation and disposition: burden of proof.(1) Existing law regulates potentially dangerous and vicious dogs and requires the chief officer of the public animal shelter or animal control department, or the head of the local law enforcement agency, if probable cause exists to believe that a dog is potentially dangerous or vicious, to petition the superior court for a hearing in a limited civil proceeding to determine, upon a preponderance of the evidence, whether the dog should be declared potentially dangerous or vicious. Existing law also authorizes a city or county to establish an administrative hearing procedure to hear and dispose of petitions filed for these purposes. Existing law authorizes the owner or keeper of the dog to contest the determination through an appeal to the superior court, as specified, and requires the superior court to make its own determination, upon a preponderance of the evidence, as to the potential danger and viciousness of the dog. Existing law authorizes a dog determined to be a vicious dog to be destroyed by the animal control department when it is found, after one of those proceedings conducted by a court or other hearing entity, that the release of the dog would create a significant threat to the public health, safety, and welfare. For purposes of these provisions existing law generally defines potentially dangerous dog and vicious dog as a dog that, when unprovoked, engages in specified conduct, as applicable.This bill would require a court or other hearing entity in a proceeding on original jurisdiction, or a court in a proceeding on appeal, to determine whether a dog is vicious upon clear and convincing evidence and, when determining whether a dog is potentially dangerous or vicious, to make explicit findings to support the conclusion that the dog engaged in unprovoked conduct. The bill would define the terms provoke and unprovoked for purposes of these provisions.The bill would require any order issued under these provisions to destroy a dog to be supported by clear and convincing evidence the dog poses an irremediable threat to the public health, safety, and welfare and would define irremediable for these purposes.(2) Existing law prohibits a dog from being declared potentially dangerous or vicious under the above-described proceedings under specified circumstances, including, among others, if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.This bill would also prohibit a dog from being declared potentially dangerous or vicious under these provisions if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was provoking the dog.(3) Under existing law, the above-described provisions regulating potentially dangerous and vicious dogs do not prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs if that program does not regulate these dogs in a manner that is specific as to breed, as specified.This bill would require such a program adopted by a city or county to comply with certain requirements including, among other things, the same burdens of proof and explicit findings described above in a hearing that could result in an order to destroy a dog and the same standards described above applicable to issuing an order to destroy a dog.(4) This bill would provide that the above-described provisions governing the regulation of potentially dangerous and vicious dogs only apply to governmental or judicial proceedings to evaluate and address public safety risks posed by individual dogs and do not apply to any civil action for remedies.(4)(5) The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and apply to all counties and cities, including charter counties and charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 31601 of the Food and Agricultural Code is amended to read:31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.SEC. 2. Section 31601.5 is added to the Food and Agricultural Code, to read:31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.SEC. 3. Section 31601.7 is added to the Food and Agricultural Code, to read:31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.SEC. 4. Section 31601.11 is added to the Food and Agricultural Code, to read:31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.SEC. 5. Section 31601.13 is added to the Food and Agricultural Code, to read:31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.SEC. 6. Section 31601.15 is added to the Food and Agricultural Code, to read:31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.SEC. 7. Section 31609 of the Food and Agricultural Code is amended to read: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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.SEC. 7.SEC. 8. Section 31621 of the Food and Agricultural Code is amended to read: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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.SEC. 8.SEC. 9. Section 31622 of the Food and Agricultural Code is amended to read: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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.SEC. 9.SEC. 10. Section 31622.5 is added to the Food and Agricultural Code, to read:31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.SEC. 10.SEC. 11. Section 31626 of the Food and Agricultural Code is amended to read: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, provoking, 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.SEC. 11.SEC. 12. Section 31645 of the Food and Agricultural Code is amended to read:31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.SEC. 12.SEC. 13. Section 31683 of the Food and Agricultural Code is amended to read:31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
Amended IN Assembly April 09, 2025 Amended IN Assembly March 19, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 793Introduced by Assembly Member Schultz(Coauthor: Assembly Member Alanis)February 18, 2025 An act to amend Sections 31601, 31609, 31621, 31622, 31626, 31645, and 31683 of, and to add Sections 31601.5, 31601.7, 31601.11, 31601.13, 31601.15, and 31622.5 to, the Food and Agricultural Code, relating to dogs. LEGISLATIVE COUNSEL'S DIGESTAB 793, as amended, Schultz. Potentially dangerous and vicious dogs: designation and disposition: burden of proof.(1) Existing law regulates potentially dangerous and vicious dogs and requires the chief officer of the public animal shelter or animal control department, or the head of the local law enforcement agency, if probable cause exists to believe that a dog is potentially dangerous or vicious, to petition the superior court for a hearing in a limited civil proceeding to determine, upon a preponderance of the evidence, whether the dog should be declared potentially dangerous or vicious. Existing law also authorizes a city or county to establish an administrative hearing procedure to hear and dispose of petitions filed for these purposes. Existing law authorizes the owner or keeper of the dog to contest the determination through an appeal to the superior court, as specified, and requires the superior court to make its own determination, upon a preponderance of the evidence, as to the potential danger and viciousness of the dog. Existing law authorizes a dog determined to be a vicious dog to be destroyed by the animal control department when it is found, after one of those proceedings conducted by a court or other hearing entity, that the release of the dog would create a significant threat to the public health, safety, and welfare. For purposes of these provisions existing law generally defines potentially dangerous dog and vicious dog as a dog that, when unprovoked, engages in specified conduct, as applicable.This bill would require a court or other hearing entity in a proceeding on original jurisdiction, or a court in a proceeding on appeal, to determine whether a dog is vicious upon clear and convincing evidence and, when determining whether a dog is potentially dangerous or vicious, to make explicit findings to support the conclusion that the dog engaged in unprovoked conduct. The bill would define the terms provoke and unprovoked for purposes of these provisions.The bill would require any order issued under these provisions to destroy a dog to be supported by clear and convincing evidence the dog poses an irremediable threat to the public health, safety, and welfare and would define irremediable for these purposes.(2) Existing law prohibits a dog from being declared potentially dangerous or vicious under the above-described proceedings under specified circumstances, including, among others, if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.This bill would also prohibit a dog from being declared potentially dangerous or vicious under these provisions if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was provoking the dog.(3) Under existing law, the above-described provisions regulating potentially dangerous and vicious dogs do not prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs if that program does not regulate these dogs in a manner that is specific as to breed, as specified.This bill would require such a program adopted by a city or county to comply with certain requirements including, among other things, the same burdens of proof and explicit findings described above in a hearing that could result in an order to destroy a dog and the same standards described above applicable to issuing an order to destroy a dog.(4) This bill would provide that the above-described provisions governing the regulation of potentially dangerous and vicious dogs only apply to governmental or judicial proceedings to evaluate and address public safety risks posed by individual dogs and do not apply to any civil action for remedies.(4)(5) The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and apply to all counties and cities, including charter counties and charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 09, 2025 Amended IN Assembly March 19, 2025
Amended IN Assembly April 09, 2025
Amended IN Assembly March 19, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 793
Introduced by Assembly Member Schultz(Coauthor: Assembly Member Alanis)February 18, 2025
Introduced by Assembly Member Schultz(Coauthor: Assembly Member Alanis)
February 18, 2025
An act to amend Sections 31601, 31609, 31621, 31622, 31626, 31645, and 31683 of, and to add Sections 31601.5, 31601.7, 31601.11, 31601.13, 31601.15, and 31622.5 to, the Food and Agricultural Code, relating to dogs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 793, as amended, Schultz. Potentially dangerous and vicious dogs: designation and disposition: burden of proof.
(1) Existing law regulates potentially dangerous and vicious dogs and requires the chief officer of the public animal shelter or animal control department, or the head of the local law enforcement agency, if probable cause exists to believe that a dog is potentially dangerous or vicious, to petition the superior court for a hearing in a limited civil proceeding to determine, upon a preponderance of the evidence, whether the dog should be declared potentially dangerous or vicious. Existing law also authorizes a city or county to establish an administrative hearing procedure to hear and dispose of petitions filed for these purposes. Existing law authorizes the owner or keeper of the dog to contest the determination through an appeal to the superior court, as specified, and requires the superior court to make its own determination, upon a preponderance of the evidence, as to the potential danger and viciousness of the dog. Existing law authorizes a dog determined to be a vicious dog to be destroyed by the animal control department when it is found, after one of those proceedings conducted by a court or other hearing entity, that the release of the dog would create a significant threat to the public health, safety, and welfare. For purposes of these provisions existing law generally defines potentially dangerous dog and vicious dog as a dog that, when unprovoked, engages in specified conduct, as applicable.This bill would require a court or other hearing entity in a proceeding on original jurisdiction, or a court in a proceeding on appeal, to determine whether a dog is vicious upon clear and convincing evidence and, when determining whether a dog is potentially dangerous or vicious, to make explicit findings to support the conclusion that the dog engaged in unprovoked conduct. The bill would define the terms provoke and unprovoked for purposes of these provisions.The bill would require any order issued under these provisions to destroy a dog to be supported by clear and convincing evidence the dog poses an irremediable threat to the public health, safety, and welfare and would define irremediable for these purposes.(2) Existing law prohibits a dog from being declared potentially dangerous or vicious under the above-described proceedings under specified circumstances, including, among others, if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.This bill would also prohibit a dog from being declared potentially dangerous or vicious under these provisions if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was provoking the dog.(3) Under existing law, the above-described provisions regulating potentially dangerous and vicious dogs do not prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs if that program does not regulate these dogs in a manner that is specific as to breed, as specified.This bill would require such a program adopted by a city or county to comply with certain requirements including, among other things, the same burdens of proof and explicit findings described above in a hearing that could result in an order to destroy a dog and the same standards described above applicable to issuing an order to destroy a dog.(4) This bill would provide that the above-described provisions governing the regulation of potentially dangerous and vicious dogs only apply to governmental or judicial proceedings to evaluate and address public safety risks posed by individual dogs and do not apply to any civil action for remedies.(4)(5) The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and apply to all counties and cities, including charter counties and charter cities.
(1) Existing law regulates potentially dangerous and vicious dogs and requires the chief officer of the public animal shelter or animal control department, or the head of the local law enforcement agency, if probable cause exists to believe that a dog is potentially dangerous or vicious, to petition the superior court for a hearing in a limited civil proceeding to determine, upon a preponderance of the evidence, whether the dog should be declared potentially dangerous or vicious. Existing law also authorizes a city or county to establish an administrative hearing procedure to hear and dispose of petitions filed for these purposes. Existing law authorizes the owner or keeper of the dog to contest the determination through an appeal to the superior court, as specified, and requires the superior court to make its own determination, upon a preponderance of the evidence, as to the potential danger and viciousness of the dog. Existing law authorizes a dog determined to be a vicious dog to be destroyed by the animal control department when it is found, after one of those proceedings conducted by a court or other hearing entity, that the release of the dog would create a significant threat to the public health, safety, and welfare. For purposes of these provisions existing law generally defines potentially dangerous dog and vicious dog as a dog that, when unprovoked, engages in specified conduct, as applicable.
This bill would require a court or other hearing entity in a proceeding on original jurisdiction, or a court in a proceeding on appeal, to determine whether a dog is vicious upon clear and convincing evidence and, when determining whether a dog is potentially dangerous or vicious, to make explicit findings to support the conclusion that the dog engaged in unprovoked conduct. The bill would define the terms provoke and unprovoked for purposes of these provisions.
The bill would require any order issued under these provisions to destroy a dog to be supported by clear and convincing evidence the dog poses an irremediable threat to the public health, safety, and welfare and would define irremediable for these purposes.
(2) Existing law prohibits a dog from being declared potentially dangerous or vicious under the above-described proceedings under specified circumstances, including, among others, if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was teasing, tormenting, abusing, or assaulting the dog.
This bill would also prohibit a dog from being declared potentially dangerous or vicious under these provisions if any injury or damage is sustained by a person who, at the time the injury or damage was sustained, was provoking the dog.
(3) Under existing law, the above-described provisions regulating potentially dangerous and vicious dogs do not prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs if that program does not regulate these dogs in a manner that is specific as to breed, as specified.
This bill would require such a program adopted by a city or county to comply with certain requirements including, among other things, the same burdens of proof and explicit findings described above in a hearing that could result in an order to destroy a dog and the same standards described above applicable to issuing an order to destroy a dog.
(4) This bill would provide that the above-described provisions governing the regulation of potentially dangerous and vicious dogs only apply to governmental or judicial proceedings to evaluate and address public safety risks posed by individual dogs and do not apply to any civil action for remedies.
(4)
(5) The bill would include findings that certain changes proposed by this bill address a matter of statewide concern rather than a municipal affair and apply to all counties and cities, including charter counties and charter cities.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 31601 of the Food and Agricultural Code is amended to read:31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.SEC. 2. Section 31601.5 is added to the Food and Agricultural Code, to read:31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.SEC. 3. Section 31601.7 is added to the Food and Agricultural Code, to read:31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.SEC. 4. Section 31601.11 is added to the Food and Agricultural Code, to read:31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.SEC. 5. Section 31601.13 is added to the Food and Agricultural Code, to read:31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.SEC. 6. Section 31601.15 is added to the Food and Agricultural Code, to read:31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.SEC. 7. Section 31609 of the Food and Agricultural Code is amended to read: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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.SEC. 7.SEC. 8. Section 31621 of the Food and Agricultural Code is amended to read: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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.SEC. 8.SEC. 9. Section 31622 of the Food and Agricultural Code is amended to read: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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.SEC. 9.SEC. 10. Section 31622.5 is added to the Food and Agricultural Code, to read:31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.SEC. 10.SEC. 11. Section 31626 of the Food and Agricultural Code is amended to read: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, provoking, 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.SEC. 11.SEC. 12. Section 31645 of the Food and Agricultural Code is amended to read:31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.SEC. 12.SEC. 13. Section 31683 of the Food and Agricultural Code is amended to read:31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 31601 of the Food and Agricultural Code is amended to read:31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.
SECTION 1. Section 31601 of the Food and Agricultural Code is amended to read:
### SECTION 1.
31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.
31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.
31601. (a) The Legislature finds and declares all of the following:(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.(2) 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. Regulating dog ownership is an important tool for improving public safety.(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.
31601. (a) The Legislature finds and declares all of the following:
(1) Potentially dangerous and vicious dogs can pose a serious threat to the safety and welfare of residents of this state. The necessity for the regulation and control of vicious and potentially dangerous dogs is a statewide problem that requires statewide regulation.
(2) 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. Regulating dog ownership is an important tool for improving public safety.
(3) Although dogs are legally classified as the property of their owners, societal understanding of dog companionship and ownership has moved toward viewing them as members of families. Dog owners in this state agree their individual interests and rights in owning and managing their dogs greatly exceed measurement in monetary terms.
(4) Dog owners in this state also agree that dogs subject to regulation and control should not be unnecessarily euthanized when they pose minimal or no threat to the public health, safety, and welfare, or when they can be safely maintained with terms and conditions of ownership.
(b) It is the intent of the Legislature to regulate dog ownership in a manner that reduces risk to the public health, safety, and welfare, while promoting responsible ownership without unnecessarily euthanizing dogs. As a matter of both protecting constitutional property rights and respecting the status of dogs as family members, government should use the least destructive means necessary to mitigate risk to public health, safety, and welfare.
SEC. 2. Section 31601.5 is added to the Food and Agricultural Code, to read:31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.
SEC. 2. Section 31601.5 is added to the Food and Agricultural Code, to read:
### SEC. 2.
31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.
31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.
31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.
31601.5. Unless the context requires otherwise, the definitions in this article govern the construction of this chapter.
SEC. 3. Section 31601.7 is added to the Food and Agricultural Code, to read:31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.
SEC. 3. Section 31601.7 is added to the Food and Agricultural Code, to read:
### SEC. 3.
31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.
31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.
31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.
31601.7. Irremediable means an unreasonable threat to public health, safety, and welfare that cannot be reduced adequately through an order of conditions upon the ownership of the dog.
SEC. 4. Section 31601.11 is added to the Food and Agricultural Code, to read:31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.
SEC. 4. Section 31601.11 is added to the Food and Agricultural Code, to read:
### SEC. 4.
31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.
31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.
31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.(b) Provocation includes any of the following circumstances:(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.(2) The dog was responding to pain or injury.(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.
31601.11. (a) Provoke means for a human or animal to behave in a way that a reasonable person would conclude is likely to harm, torment, agitate, scare, or confuse a dog such that the dog could or does reasonably bite, injure, or attack a human or animal, including a human trying to help the dog.
(b) Provocation includes any of the following circumstances:
(1) The dog was protecting or defending a person within the immediate vicinity of the dog from an attack or assault.
(2) The dog was responding to pain or injury.
(3) The dog was protecting itself, its owner or family member, its custodian, its offspring, its kennels, or its home.
(4) The person was committing a crime or offense upon the property of the owner, or custodian, of the dog.
(5) The person had a history of harming, agitating, scaring, tormenting, or confusing the dog.
(c) Provocation is a factor when considering whether and how a dog can be regulated to mitigate public safety risk and may, but need not, result in complete exoneration of the dog. Severity of an injury or barking or growling is not alone determinative of whether a dog was provoked or whether the dog poses an irremediable threat to public safety. Testimony of a certified applied behaviorist, board-certified veterinary behaviorist, or other recognized expert shall be relevant to a determination whether a dogs behavior was provoked and the scope of regulating the dog, if regulation is considered.
SEC. 5. Section 31601.13 is added to the Food and Agricultural Code, to read:31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.
SEC. 5. Section 31601.13 is added to the Food and Agricultural Code, to read:
### SEC. 5.
31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.
31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.
31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.
31601.13. Public health, safety, and welfare includes the health, safety, and welfare of both humans and animals.
SEC. 6. Section 31601.15 is added to the Food and Agricultural Code, to read:31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.
SEC. 6. Section 31601.15 is added to the Food and Agricultural Code, to read:
### SEC. 6.
31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.
31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.
31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.
31601.15. Unprovoked means that a dog was not provoked when it engaged in any of the conduct or circumstances described in Section 31602, 31603, or 31601.11.
SEC. 7. Section 31609 of the Food and Agricultural Code is amended to read: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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.
SEC. 7. Section 31609 of the Food and Agricultural Code is amended to read:
### SEC. 7.
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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.
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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.
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.(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.
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.
(c) This chapter shall only apply to a governmental or judicial proceeding to evaluate and address a public safety risk posed by an individual dog and does not apply to any civil action for remedies such as damages, injunctive relief, or restraining orders arising from an alleged injury to a human or animal or damage to property.
SEC. 7.SEC. 8. Section 31621 of the Food and Agricultural Code is amended to read: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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.
SEC. 7.SEC. 8. Section 31621 of the Food and Agricultural Code is amended to read:
### SEC. 7.SEC. 8.
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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.
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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.
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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.
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 animal shelter or animal control department, or the chief officers immediate supervisor, or the head of the local law enforcement agency, or the agency heads designee, shall petition the superior court of the county in which the dog is owned or kept for a hearing for the purpose of determining whether or not the dog should be declared potentially dangerous or vicious. A proceeding under this section is a limited civil case. 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 animal shelter 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 superior court or the hearing entity, as the case may be, at which time the owner or keeper of the dog 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 5 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 or hearing entity 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 or hearing entity may find, upon a preponderance of the evidence, that the dog is potentially dangerous, or may find, upon clear and convincing evidence, that the dog is vicious. In making any finding on a potentially dangerous or vicious dog, the court or hearing entity shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. The court or hearing entity may make other orders authorized by this chapter.
SEC. 8.SEC. 9. Section 31622 of the Food and Agricultural Code is amended to read: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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.
SEC. 8.SEC. 9. Section 31622 of the Food and Agricultural Code is amended to read:
### SEC. 8.SEC. 9.
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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.
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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.
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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.
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 owner or keeper of the dog shall comply with Article 3 (commencing with Section 31641) in accordance with a time schedule established by the chief officer of the public animal shelter 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, they may, within five days of the receipt of the notice of determination, appeal the decision of the court or hearing entity of original jurisdiction. The fee for filing an appeal, payable to the clerk of the court, is as provided in subdivision (b) of Section 70626 of the Government Code. If the original hearing held pursuant to Section 31621 was before a hearing entity other than a court of the jurisdiction, appeal shall be to the superior court. If the original hearing was held in the superior court, appeal shall be to the superior court before a judge other than the judge who originally heard the petition. 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, except that any finding that a dog is vicious shall be decided by clear and convincing evidence. In making any finding on a potentially dangerous or vicious dog, the court shall apply the appropriate burden of proof and shall make explicit findings to support the conclusion the dog engaged in unprovoked conduct. 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 courts determination or 35 days if the service of the judgment is by first-class mail.
SEC. 9.SEC. 10. Section 31622.5 is added to the Food and Agricultural Code, to read:31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.
SEC. 9.SEC. 10. Section 31622.5 is added to the Food and Agricultural Code, to read:
### SEC. 9.SEC. 10.
31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.
31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.
31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.
31622.5. Any order issued pursuant to this article to destroy a dog shall be supported by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare.
SEC. 10.SEC. 11. Section 31626 of the Food and Agricultural Code is amended to read: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, provoking, 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.
SEC. 10.SEC. 11. Section 31626 of the Food and Agricultural Code is amended to read:
### SEC. 10.SEC. 11.
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, provoking, 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.
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, provoking, 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.
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, provoking, 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.
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, provoking, 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.
SEC. 11.SEC. 12. Section 31645 of the Food and Agricultural Code is amended to read:31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
SEC. 11.SEC. 12. Section 31645 of the Food and Agricultural Code is amended to read:
### SEC. 11.SEC. 12.
31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
31645. (a) A dog determined to be a vicious dog under this chapter, or subject to destruction in accordance with city or county law, may be destroyed by the animal control department only when it is found by clear and convincing evidence at proceedings conducted under Article 2 (commencing with Section 31621) that the release of the dog would create an irremediable 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 protect the public health, safety, and welfare.
(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
SEC. 12.SEC. 13. Section 31683 of the Food and Agricultural Code is amended to read:31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
SEC. 12.SEC. 13. Section 31683 of the Food and Agricultural Code is amended to read:
### SEC. 12.SEC. 13.
31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
31683. (a) Except as provided in subdivision (b), this chapter does not 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.(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.
31683. (a) Except as provided in subdivision (b), this chapter does not 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.
(b) (1) (A) A program regulating any dog shall not be specific as to breed, except as provided in Section 122331 of the Health and Safety Code.
(B) A program described in subdivision (a) shall apply the definitions and provisions pertaining to provocation and irremediable threat set forth in Sections 31601.7 and 31601.11, and the same burdens of proof, and explicit findings of unprovoked conduct and irremediable threat to human and animal safety, set forth in Sections 31621, 31622, 31622.5, and 31645, in any administrative hearing or limited civil case conducted to determine whether a dog poses a degree of risk to public safety such that it should be placed in a category that could result in an order of destruction.
(C) (i) A program described in subdivision (a) shall not authorize an order to be issued for the destruction of a dog unless it is shown at any administrative hearing or any limited civil case by clear and convincing evidence that the dog poses an irremediable threat to the public health, safety, and welfare, as provided in Sections 31601.7 and 31622.5.
(ii) A program described in subdivision (a) shall not classify a dog in a category, such as vicious under Section 31645, that subjects the dog to the possibility of an order of destruction unless it is shown by clear and convincing evidence that the criteria for inclusion of the dog in that category are satisfied.
(2) The Legislature finds and declares that ensuring dogs are designated in a uniform manner as posing or potentially posing an irremediable threat to human and animal safety and are destroyed only after adequate due process is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This subdivision applies to all counties and cities, including charter counties and charter cities.