reglab/statecodes huggingface dataset:
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31104.

31104. The provisions of Sections 31102 and 31103 shall not apply to any dog which is inside the corporate limits of any city, or city and county, or to any dog which is under the reasonable control of his owner or keeper, unless the dog is actually caught in the act or worrying, wounding, chasing, or killing any livestock or poultry.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31105.

31105. The board of supervisors shall provide for both of the following:
(a) The taking up and impounding of all dogs which are found running at large in violation of any provision of this division.
(b) The killing in some humane manner or other disposition of any dog which is impounded.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31106.

31106. The board of supervisors may appoint proper persons to take up, impound, and kill dogs pursuant to this division or it may enter into a contract with any humane society or other organization or association which will do both of the following:
(a) Undertake to carry out the provisions of this division regarding the taking up, impounding, and killing of dogs.
(b) Give a proper bond in whatever amount may be fixed by the board of supervisors for the faithful performance of the contract.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31107.

31107. No dog which is impounded pursuant to this division shall be killed or otherwise disposed of without notice to the owner, if he is known.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31108.

31108. (a) (1) The required holding period for a stray dog impounded pursuant to this division shall be six business days, not including the day of impoundment, except as follows:
(A) If the public or private shelter has made the dog available for owner redemption on one weekday evening until at least 7 p.m. or one weekend day, the holding period shall be four business days, not including the day of impoundment.
(B) If the public or private shelter has fewer than three full-time employees or is not open during all regular weekday business hours, and if it has established a procedure to enable owners to reclaim their dogs by appointment at a mutually agreeable time when the public or private shelter would otherwise be closed, the holding period shall be four business days, not including the day of impoundment.
(2) Except as provided in Section 17006, stray dogs shall be held for owner redemption during the first three days of the holding period, not including the day of impoundment, and shall be available for owner redemption or adoption for the remainder of the holding period.
(b) (1) Except as provided in Section 17006, any stray dog that is impounded pursuant to this division shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal rescue or adoption organization. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.
(2) A puppy under eight weeks of age that is reasonably believed to be unowned and is impounded in a public or private shelter may, before the euthanasia of that animal, be made immediately available for release to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization.
(c) During the holding period required by this section and before the adoption or euthanasia of a dog impounded pursuant to this division, a public or private shelter shall scan the dog for a microchip that identifies the owner of that dog and shall make reasonable efforts to contact the owner and notify him or her that his or her dog is impounded and is available for redemption.
(d) As used in this division, a “business day” includes any day that a public or private shelter is open to the public for at least four hours, excluding state holidays.
(Amended by Stats. 2018, Ch. 194, Sec. 2. (AB 2791) Effective January 1, 2019.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31108.5.

31108.5. (a) (1) Upon relinquishment of a dog to a public or private shelter, the owner of that dog shall present sufficient identification to establish his or her ownership of the dog and shall sign a statement that he or she is the lawful owner of the dog.
(2) Any person who provides false information pursuant to this subdivision about his or her ownership of the dog shall be liable to the true owner of the dog in the amount of one thousand dollars ($1,000).
(b) Upon relinquishment, the dog may be made available for immediate euthanasia if it has a history of vicious or dangerous behavior documented by the agency charged with enforcing state and local animal laws.
(Added by Stats. 2000, Ch. 567, Sec. 2. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 1 - Generally › Section 31109.

31109. Any dog which is found straying on any farm where livestock are kept, which has attached to its collar the identification tag or dog license tag prescribed by Section 30951, may be taken up, impounded, and detained in the same manner as described in this division. The person taking up the dog may recover from the owner, in any court having jurisdiction, the fees fixed by the board of supervisors for taking up and keeping unlicensed and unidentified dogs, together with costs.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 2 - Optional Provisions › Section 31151.

31151. The provisions of Sections 31102 and 31103 shall not apply in any area of a county in which the board of supervisors has provided, by resolution, that the provisions of this article apply.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 2 - Optional Provisions › Section 31152.

31152. Any person may kill any dog in any area of a county in which the provisions of this article apply in any of the following cases:
(a) The dog is found in the act of killing, wounding, or persistently pursuing livestock or poultry on land or premises not owned or possessed by the owner of the dog.
(b) The dog has no readily visible identification tag or license tag prescribed by Section 30951 and is worrying livestock or poultry on land or premises not owned or possessed by the owner of the dog. If the dog has on him any readily visible identification tag or license tag prescribed by Section 30951, and the dog is found in the act of worrying livestock or poultry on land or premises not owned or possessed by the owner of the dog, the dog may only be killed if the dog has, and the owner has been notified that the dog has, previously so worried livestock or poultry.
(c) The person has such proof as conclusively shows that the dog has been recently engaged in killing or wounding livestock or poultry on land or premises not owned or possessed by the dog’s owner.
No action, civil or criminal, shall be maintained for killing a dog as authorized by this section.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 5 - Killing and Seizure › ARTICLE 2 - Optional Provisions › Section 31153.

31153. Any dog entering any enclosed or unenclosed property upon which livestock or poultry are confined may be seized by the owner or tenant of the property or any employee of the owner or tenant. No action, civil or criminal, shall be maintained against the owner, tenant, or employee for the seizure of any such dog.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 6 - Fees for Impounding › Section 31252.

31252. If the impounding of a dog is done by an appointee of the board of supervisors or by a humane society or other organization or association which has entered into a contract for impounding dogs, the fees for taking up, impounding, and keeping the dog shall be a charge upon the county treasury, to be paid as other claims against the county are paid.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 6 - Fees for Impounding › Section 31253.

31253. If a dog which has been impounded is claimed by the owner, the fee for impounding and keeping the dog, as fixed by the board of supervisors, shall be paid by the owner to the person, organization, or association which has custody of the dog, to be retained by him or them. No charge for fees pertaining to the dog shall be paid by the board of supervisors.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 6 - Fees for Impounding › Section 31254.

31254. The refusal or failure of the owner of any such dog to pay the fee and charges after due notification shall be held to be an abandonment of the dog by the owner.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 6 - Fees for Impounding › Section 31255.

31255. (a) An animal control officer of any county, if so authorized by the board of supervisors of the county, or an animal control officer of any city, if so authorized by the governing body of the city, may accept a credit card as a method of payment for any fee or penalty provided by this division, for any license, fee, or fine, or for any other obligation owed to the officer.
(b) Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, a surcharge may be imposed to cover the rate of discount that the credit card issuer debits the local agency on acceptance of the sales draft.
(Amended by Stats. 1992, Ch. 1020, Sec. 1.3. Effective January 1, 1993.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 7 - Violations › Section 31401.

31401. Except as provided in Section 31402, violation of any provision of this division is an infraction punishable by a fine of not more than fifty dollars ($50) for a first offense, and by a fine of not more than one hundred dollars ($100) for a second or subsequent offense.
(Amended by Stats. 1981, Ch. 1072, Sec. 2.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 7 - Violations › Section 31402.

31402. Violation of any provision of this division that results in death or serious injury to livestock or poultry is a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than six months or by both the fine and imprisonment.
As used in this section, “serious injury” means injury of a degree of severity that the injured animal must be destroyed or injury that results in the fair market value of the animal being reduced to a level at which it may not be profitably sold.
(Added by Stats. 1981, Ch. 1072, Sec. 3.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31501.

31501. The owner of any livestock or poultry which is injured or killed by any dog may recover as liquidated damages from the owner of the dog twice the actual value of the animals killed or twice the value of the damages sustained by reason of the injuries, as the case may be.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31502.

31502. If two or more dogs kept by two or more owners or keepers injure or kill any livestock or poultry at the same time, the owners or keepers of the dogs are jointly and severally liable for the damage.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31503.

31503. If any person sustains any loss or damage to any livestock or poultry which is caused by a dog, or if any livestock of any person is necessarily destroyed because of having been bitten by a dog, the person may file a complaint in the superior court of the county within which the damage occurred. A proceeding under this section is a limited civil case.
(Amended by Stats. 2002, Ch. 784, Sec. 118. Effective January 1, 2003.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31504.

31504. The complaint shall satisfy all of the following requirements:
(a) Be in writing.
(b) Signed by the person that makes it.
(c) State when, where, what, and how much damage was done.
(d) State, if known, the name of the person that owns the dog or was in charge of it when the loss or damage was sustained.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31505.

31505. If the person that owns the dog or was in charge of it when the damage or loss was sustained appears from the complaint, the judge shall forthwith issue a summons against such person commanding him to appear before the judge and show cause why the dog should not be killed.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31506.

31506. The summons shall be made returnable not less than two nor more than six days from the date of issue and shall be served at least two days before the time of appearance ordered.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31507.

31507. The service of the summons may be made by any person over the age of 18 years or by registered mail to the last known address of the owner or person in charge. Any expense connected with the summons shall be borne by the owner of the livestock or poultry which was injured or the party that makes the complaint.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 8 - Civil Liability › Section 31508.

31508. Upon the return day fixed in the summons, the judge shall proceed to determine whether the loss or damage to the livestock was caused by the dog. If he finds that it was caused by the dog, he shall notify the person that owns the dog or was in charge of it when the loss or damage was sustained to kill the dog. Failure of such person to kill the dog as directed renders the owner subject to the penalties which are prescribed in this division.
(Enacted by Stats. 1967, Ch. 15.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31601.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31602.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31603.

31603. “Vicious dog” means either of the following:
(a) Any dog that, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(b) Any dog previously determined to be and currently listed as a potentially dangerous dog that, 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.
(Amended by Stats. 2017, Ch. 561, Sec. 60. (AB 1516) Effective January 1, 2018.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31604.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31605.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31606.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31607.

31607. “Impounded” means taken into the custody of the public animal shelter or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found.
(Amended by Stats. 2019, Ch. 7, Sec. 6. (AB 1553) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31608.

31608. “County” includes any city and county.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 1 - Findings, Definitions, and General Provisions › Section 31609.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31621.

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 officer’s immediate supervisor, or the head of the local law enforcement agency, or the agency head’s 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 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.
(Amended by Stats. 2019, Ch. 7, Sec. 7. (AB 1553) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31622.

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. 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.
(Amended by Stats. 2019, Ch. 7, Sec. 8. (AB 1553) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31623.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31624.

31624. The determination of the court hearing the appeal shall be final and conclusive upon all parties.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31625.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 2 - Judicial Process › Section 31626.

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.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31641.

31641. All potentially dangerous dogs shall be properly licensed and vaccinated. The licensing authority shall include the potentially dangerous designation in the registration records of the dog, either after the owner or keeper of the dog has agreed to the designation or the court or hearing entity has determined the designation applies to the dog. The city or county may charge a potentially dangerous dog fee in addition to the regular licensing fee to provide for the increased costs of maintaining the records of the dog.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31642.

31642. A potentially dangerous dog, while on the owner’s property, shall, at all times, be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner’s premises only if it is restrained by a substantial leash, of appropriate length, and if it is under the control of a responsible adult.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31643.

31643. If the dog in question dies, or is sold, transferred, or permanently removed from the city or county where the owner or keeper resides, the owner of a potentially dangerous dog shall notify the animal control department of the changed condition and new location of the dog in writing within two working days.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31644.

31644. If there are no additional instances of the behavior described in Section 31602 within a 36-month period from the date of designation as a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. The dog may, but is not required to be, removed from the list of potentially dangerous dogs prior to the expiration of the 36-month period if the owner or keeper of the dog demonstrates to the animal control department that changes in circumstances or measures taken by the owner or keeper, such as training of the dog, have mitigated the risk to the public safety.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31645.

31645. (a) A dog determined to be a vicious dog may be destroyed by the animal control department when it is found, after proceedings conducted under Article 2 (commencing with Section 31621), that the release of the dog would create a significant threat to the public health, safety, and welfare.
(b) If it is determined that a dog found to be vicious shall not be destroyed, the judicial authority shall impose conditions upon the ownership of the dog that protect the public health, safety, and welfare.
(c) Any enclosure that is required pursuant to subdivision (b) shall meet the requirements of Section 31605.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 3 - Disposition of Potentially Dangerous or Vicious Dogs › Section 31646.

31646. The owner of a dog determined to be a vicious dog may be prohibited by the city or county from owning, possessing, controlling, or having custody of any dog for a period of up to three years, when it is found, after proceedings conducted under Article 2 (commencing with Section 31621), that ownership or possession of a dog by that person would create a significant threat to the public health, safety, and welfare.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 4 - Penalties › Section 31662.

31662. Any violation of this chapter involving a potentially dangerous dog shall be punished by a fine not to exceed five hundred dollars ($500). Any violation of this chapter involving a vicious dog shall be punished by a fine not to exceed one thousand dollars ($1,000).
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 4 - Penalties › Section 31663.

31663. All fines paid pursuant to this article shall be paid to the city or county in which the violation occurred for the purpose of defraying the cost of the implementation of this chapter.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 5 - Miscellaneous › Section 31681.

31681. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 5 - Miscellaneous › Section 31682.

31682. The Judicial Council shall prepare all forms necessary to give effect to this chapter, including a summons or citation to be used by law enforcement agencies in the enforcement of this chapter. This chapter does not affect or change the existing civil liability or criminal laws regarding dogs.
(Added by Stats. 1989, Ch. 761, Sec. 1.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14 - REGULATION AND LICENSING OF DOGS › CHAPTER 9 - Potentially Dangerous and Vicious Dogs › ARTICLE 5 - Miscellaneous › Section 31683.

31683. Nothing in this chapter shall be construed to prevent a city or county from adopting or enforcing its own program for the control of potentially dangerous or vicious dogs that may incorporate all, part, or none of this chapter, or that may punish a violation of this chapter as a misdemeanor or may impose a more restrictive program to control potentially dangerous or vicious dogs. Except as provided in Section 122331 of the Health and Safety Code, no program regulating any dog shall be specific as to breed.
(Amended by Stats. 2005, Ch. 668, Sec. 1. Effective January 1, 2006.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31751.

31751. For the purposes of this division, each member of a litter of kittens, weaned or unweaned, shall be treated as an individual animal.
(Amended by Stats. 2004, Ch. 253, Sec. 6. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31751.3.

31751.3. (a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any cat that has not been spayed or neutered.
(2) For the purposes of this section, a “rescue group” is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat.
(b) (1) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats.
(3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state.
(4) The cat shall be spayed or neutered within 14 business days of that certification.
(5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30 business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs.
(e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county.
(Amended (as added by Stats. 1998, Ch. 747, Sec. 6) by Stats. 2004, Ch. 253, Sec. 7. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31751.4.

31751.4. (a) A public animal shelter shall not charge an adoption fee for a cat if the person adopting the cat presents to the public animal shelter a current and valid driver’s license or identification card with the word “VETERAN” printed on its face pursuant to Section 12811 of the Vehicle Code.
(b) A public animal shelter may limit the number of cats adopted from that public animal shelter pursuant to this section to one cat each six-month period.
(Added by Stats. 2019, Ch. 205, Sec. 4. (SB 245) Effective January 1, 2020.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31751.5.

31751.5. Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required for a cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered.
(Added by Stats. 1973, Ch. 361.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31751.7.

31751.7. (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars ($100) for the third or subsequent occurrence. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division.
(c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division.
(d) This section applies to each county and cities within each county, regardless of population.
(e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section.
(Amended by Stats. 2004, Ch. 253, Sec. 9. Effective January 1, 2005.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31752.2.

31752.2. (a) Upon relinquishment of a cat to a public or private shelter, the owner of that cat shall present sufficient identification to establish his or her ownership of the cat and shall sign a statement that he or she is the lawful owner of the cat.
(b) Any person who provides false information pursuant to this subdivision about his or her ownership of the cat shall be liable to the true owner of the cat in the amount of one thousand dollars ($1,000).
(Added by Stats. 2000, Ch. 567, Sec. 4. Effective January 1, 2001.)
2023 California Code › Food and Agricultural Code - FAC › DIVISION 14.5 - REGULATION OF CATS › CHAPTER 1 - Regulation of Cats Generally › Section 31752.5.

31752.5. (a) The Legislature finds and declares the following:
(1) Domestic cats’ temperaments range from completely docile indoor pets to completely unsocialized outdoor cats that avoid all contact with humans.
(2) “Feral cats” are cats with temperaments that are completely unsocialized, although frightened or injured tame pet cats may appear to be feral.
(3) Some people care for or own feral cats.
(4) Feral cats pose particular safety hazards for animal shelter employees.
(5) It is cruel to keep feral cats caged for long periods of time; however, it is not always easy to distinguish a feral cat from a frightened tame cat.
(b) For the purposes of this section, a “feral cat” is defined as a cat without owner identification of any kind whose usual and consistent temperament is extreme fear and resistance to contact with people. A feral cat is totally unsocialized to people.
(c) Notwithstanding Section 31752, if an apparently feral cat has not been reclaimed by its owner or caretaker within the first three days of the required holding period, animal shelter personnel qualified to verify the temperament of the animal shall verify whether it is feral or tame by using a standardized protocol. If the cat is determined to be docile or a frightened or difficult tame cat, the cat shall be held for the entire required holding period specified in Section 31752. If the cat is determined to be truly feral, the cat may be euthanized or relinquished to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal adoption organization that agrees to the spaying or neutering of the cat if it has not already been spayed or neutered. In addition to any required spay or neuter deposit, the animal shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for the animal released.
(Amended by Stats. 2019, Ch. 7, Sec. 9. (AB 1553) Effective January 1, 2020.)