SECTIONS 31621-31626 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 31621-31626

31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public pound or animal control department or his or
her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, shall petition the superior court of
the county wherein the dog is owned or kept for a hearing for the
purpose of determining whether or not the dog in question should be
declared potentially dangerous or vicious. A 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 pound or animal control department or head of the local law
enforcement agency shall notify the owner or keeper of the dog that a
hearing will be held by the superior court or the hearing entity, as
the case may be, at which time he or she may present evidence as to
why the dog should not be declared potentially dangerous or vicious.
The owner or keeper of the dog shall be served with notice of the
hearing and a copy of the petition, either personally or by
first-class mail with return receipt requested. The hearing shall be
held promptly within no less than five working days nor more than 10
working days after service of notice upon the owner or keeper of the
dog. The hearing shall be open to the public. The court may admit
into evidence all relevant evidence, including incident reports and
the affidavits of witnesses, limit the scope of discovery, and may
shorten the time to produce records or witnesses. A jury shall not be
available. The court may find, upon a preponderance of the evidence,
that the dog is potentially dangerous or vicious and make other
orders authorized by this chapter.

31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog. If
the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, appeal the decision of the court or hearing
entity of original jurisdiction. 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. If the court rules the dog to be potentially dangerous
or vicious, the court may establish a time schedule to ensure
compliance with this chapter, but in no case more than 30 days
subsequent to the date of the court's determination or 35 days if the
service of the judgment is by first-class mail.

31623. The court or hearing entity of original jurisdiction or the
court hearing the appeal may decide all issues for or against the
owner or keeper of the dog even if the owner or keeper fails to
appear at the hearing.

31624. The determination of the court hearing the appeal shall be
final and conclusive upon all parties.

31625. (a) If upon investigation it is determined by the animal
control officer or law enforcement officer that probable cause exists
to believe the dog in question poses an immediate threat to public
safety, then the animal control officer or law enforcement officer
may seize and impound the dog pending the hearings to be held
pursuant to this article. The owner or keeper of the dog shall be
liable to the city or county where the dog is impounded for the costs
and expenses of keeping the dog, if the dog is later adjudicated
potentially dangerous or vicious.
(b) When a dog has been impounded pursuant to subdivision (a) and
it is not contrary to public safety, the chief animal control officer
shall permit the animal to be confined at the owner's expense in a
department approved kennel or veterinary facility.

31626. (a) No dog may be declared potentially dangerous or vicious
if any injury or damage is sustained by a person who, at the time the
injury or damage was sustained, was committing a willful trespass or
other tort upon premises occupied by the owner or keeper of the dog,
or was teasing, tormenting, abusing, or assaulting the dog, or was
committing or attempting to commit a crime. No dog may be declared
potentially dangerous or vicious if the dog was protecting or
defending a person within the immediate vicinity of the dog from an
unjustified attack or assault. No dog may be declared potentially
dangerous or vicious if an injury or damage was sustained by a
domestic animal which at the time the injury or damage was sustained
was teasing, tormenting, abusing, or assaulting the dog.
(b) No dog may be declared potentially dangerous or vicious if the
injury or damage to a domestic animal was sustained while the dog
was working as a hunting dog, herding dog, or predator control dog on
the property of, or under the control of, its owner or keeper, and
the damage or injury was to a species or type of domestic animal
appropriate to the work of the dog.