SECTIONS 31601-31609 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 31601-31609

31601. The Legislature finds and declares all of the following:
(a) Potentially dangerous and vicious dogs have become a serious
and widespread threat to the safety and welfare of citizens of this
state. In recent years, they have assaulted without provocation and
seriously injured numerous individuals, particularly children, and
have killed numerous dogs. Many of these attacks have occurred in
public places.
(b) The number and severity of these attacks are attributable to
the failure of owners to register, confine, and properly control
vicious and potentially dangerous dogs.
(c) The necessity for the regulation and control of vicious and
potentially dangerous dogs is a statewide problem, requiring
statewide regulation, and existing laws are inadequate to deal with
the threat to public health and safety posed by vicious and
potentially dangerous dogs.

31602. "Potentially dangerous dog" means any of the following:
(a) Any dog which, when unprovoked, on two separate occasions
within the prior 36-month period, engages in any behavior that
requires a defensive action by any person to prevent bodily injury
when the person and the dog are off the property of the owner or
keeper of the dog.
(b) Any dog which, when unprovoked, bites a person causing a less
severe injury than as defined in Section 31604.
(c) Any dog which, when unprovoked, on two separate occasions
within the prior 36-month period, has killed, seriously bitten,
inflicted injury, or otherwise caused injury attacking a domestic
animal off the property of the owner or keeper of the dog.

31603. "Vicious dog" means any of the following:
(a) Any dog seized under Section 599aa of the Penal Code and upon
the sustaining of a conviction of the owner or keeper under
subdivision (a) of Section 597.5 of the Penal Code.
(b) Any dog which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being.
(c) Any dog previously determined to be and currently listed as a
potentially dangerous dog which, after its owner or keeper has been
notified of this determination, continues the behavior described in
Section 31602 or is maintained in violation of Section 31641, 31642,
or 31643.

31604. "Severe injury" means any physical injury to a human being
that results in muscle tears or disfiguring lacerations or requires
multiple sutures or corrective or cosmetic surgery.

31605. "Enclosure" means a fence or structure suitable to prevent
the entry of young children, and which is suitable to confine a
vicious dog in conjunction with other measures which may be taken by
the owner or keeper of the dog. The enclosure shall be designed in
order to prevent the animal from escaping. The animal shall be housed
pursuant to Section 597t of the Penal Code.

31606. "Animal control department" means the county or city animal
control department. If the city or county does not have an animal
control department, it means whatever entity performs animal control
functions.

31607. "Impounded" means taken into the custody of the public pound
or animal control department or provider of animal control services
to the city or county where the potentially dangerous or vicious dog
is found.

31608. "County" includes any city and county.

31609. (a) This chapter does not apply to licensed kennels, humane
society shelters, animal control facilities, or veterinarians.
(b) This chapter does not apply to dogs while utilized by any
police department or any law enforcement officer in the performance
of police work.