Dana Point Municipal Code Ch. 10.05 Potentially Dangerous and Vicious Dogs

Note: Former Ch. 10.05, Vicious Animals, derived from Ord. 96-01; and Ord. 23-03, 4/18/23, was superseded by Ord. 25-16, 11/18/2025.

Within the City there are potentially dangerous and vicious dogs that are a threat to the health, safety, and welfare of the citizens of the City. The provisions of this Chapter set forth the procedures by which the Authority can find a dog to be a potentially dangerous dog or a vicious dog and the consequences of such a finding. This Chapter is intended to supplement rather than supplant any other remedy available under County or City Ordinance, or State law.

(Added by Ord. 25-16, 11/18/2025)

(a) A dog is "potentially dangerous" if it is found to have engaged in any of the following, consistent with California Food and Agriculture Code Section 31602:

(1) A dog that on two separate occasions within the prior 36-month period, engages in any unprovoked behavior that requires a defensive action by a person to prevent bodily injury to a person, domestic animal, or livestock, off the property of the owner or custodian of the dog;

(2) A dog that, when unprovoked, bites a person or otherwise engages in behavior causing a less serious injury than as defined as a "severe injury" in this Title; or

(3) A dog that, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury to a domestic animal or livestock off the property of the owner or custodian of the dog.

(b) A dog is a "vicious dog" if it is found to have engaged in any of the following, consistent with California Food and Agriculture Code Section 31603:

(1) A dog that, when unprovoked, inflicts severe injury on or kills a person;

(2) A 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 of the California Food and Agriculture Code;

(3) A dog previously designated as and currently listed as a potentially dangerous, dangerous, or vicious dog in any jurisdiction, which, after its owner or custodian has been notified of that designation, continues any behavior described in Section 10.05.020 or is maintained in violation of Section 6.20.130, a stipulation, an administrative decision, a court order, or restrictions placed upon it by any jurisdiction.

(Added by Ord. 25-16, 11/18/2025)

(a) An Animal Control Officer or a law enforcement officer may enter a building or property to inspect the premises only if:

(1) The owner or occupant of the building or property consents to the entry and inspection after the Animal Control Officer or law enforcement officer presents his or her credentials and explains the reasons for the entry and inspection; or

(2) The Animal Control Officer or law enforcement officer obtains a warrant for the entry and inspection of the building or property under Sections 1822.50 to 1822.57 of the Code of Civil Procedure; or

(3) The Animal Control Officer or law enforcement officer has reasonable cause to believe that the keeping of an animal on the property is so hazardous, unsafe, or dangerous that exigent circumstances exist to safeguard an animal or public health and safety. Under these circumstances, the Animal Control Officer or law enforcement officer may use reasonable means to immediately enter and inspect the building or property in furtherance of safeguarding an animal or public health and safety after presenting his or her credentials to the owner or occupant and requesting entry, when practicable.

(b) A person who prevents or obstructs an Animal Control Officer or a law enforcement officer engaging in the capture of an animal running at large is guilty of a misdemeanor.

(Added by Ord. 25-16, 11/18/2025)

(a) An Animal Control Officer or law enforcement officer may immediately seize and impound a dog when probable cause exists that impoundment is necessary for the preservation of animal or public health, safety, or welfare.

(b) A dog may be impounded under Subsection (a) without a prior hearing. When not contrary to public safety, the General Manager may allow the dog to be released to the owner or custodian, or to be confined, at the owner's expense, in an Authority-approved animal or veterinary facility.

(c) The owner or custodian of the dog is liable for all impound fees and costs if the dog is determined to be potentially dangerous or vicious, or for any other dog impounded three or more times within a 12-month period. The fees and costs must be paid before the release of the dog, but no later than 10 days after the dog is available to be released.

(d) Any dog seized and impounded pursuant to this Chapter that is not claimed with 10 days of the owner or custodian being notified by the Authority of the impound shall be deemed abandoned and the property of the Authority.

(Added by Ord. 25-16, 11/18/2025)

(a) The General Manager shall make an initial determination of whether a dog is potentially dangerous or vicious. A notice of this determination will be served on the owner or custodian of the dog within 10 days of any impoundment of the dog. That notice shall inform the owner or custodian of the basis for the General Manager's determination, conditions of release and/or retention of the dog (if applicable), and how to appeal the General Manager's determinations and conditions of release or retention.

(b) The General Manager, in his or her sole discretion, may impose conditions of release and/or retention on the owner or custodian of any dog determined by the General Manager to be potentially dangerous or vicious. The owner or custodian may agree to any such conditions in lieu of an appeal hearing as provided in this Section.

(c) The owner or custodian of the dog may appeal any notice from the General Manager issued pursuant to this Section, by serving the Authority with a written request for appeal within 10 days of the date listed on the General Manager's notice. Failure to timely serve a written request for appeal will be deemed a waiver of any right to an appeal hearing under this Chapter.

(d) For purposes of this Chapter, service of the notice is complete upon deposit of the document(s) in the mail or when the documents are personally served.

(Added by Ord. 25-16, 11/18/2025)

(a) Hearing. If an owner or custodian of a dog timely appeals the General Manager's determination that a dog is either potentially dangerous or vicious, the General Manager may, in his or her sole discretion proceed with either an administrative hearing or petition the Superior Court within the judicial district of the City for a hearing pursuant to Food and Agriculture Code Section 31621, et seq., for a determination of whether the dog should be declared potentially dangerous or vicious.

(b) Notice of Hearing and Petition. The General Manager must notify the owner or custodian of the dog that an administrative hearing will be held, at which time the owner or custodian may present evidence as to why the dog should not be declared potentially dangerous or vicious. The General Manager will serve the owner or custodian of the dog with notice of the hearing and a copy of the case records, either personally or by first class mail. The hearing will be held promptly between five and 10 working days after the service of the notice upon the owner or custodian of the dog. Time to conduct an administrative hearing may be extended by mutual agreement of both the General Manager and the owner or custodian of the dog.

(c) Conduct of Administrative Hearing. The administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The administrative hearing officer may find, upon a preponderance of the evidence, that the dog is potentially dangerous or vicious and will make other orders or findings required or authorized by this Chapter. The administrative hearing officer may decide all issues for or against the owner or custodian of the dog even if the owner or custodian fails to appear at the hearing.

(d) Administrative Hearing Officer. Administrative hearings will be conducted by a neutral hearing officer appointed by the Authority. The hearing officer shall not be an employee of the Authority or of the City.

(e) Failure to strictly comply with the provisions of this Section will not invalidate any findings, determinations, or orders made pursuant to an administrative hearing.

(Added by Ord. 25-16, 11/18/2025)

Following an administrative hearing conducted pursuant to Section 10.05.060, a written notice of the decision must be served on the owner or custodian of the dog, and on the Authority if the hearing was conducted by an outside hearing officer, either personally or by first class mail within 10 calendar days after the hearing.

(Added by Ord. 25-16, 11/18/2025)

(a) The following conditions apply to a dog determined to be potentially dangerous:

(1) In addition to any other conditions, the dog must be properly licensed, microchipped, and vaccinated at the owner or custodian's expense before it is released to the dog's owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog is licensed, microchipped, and vaccinated within 10 days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(2) The dog, while on the owner or custodian's property, must be kept indoors or in a securely fenced yard or enclosure from which the dog cannot escape, and into which children cannot enter. The Authority must inspect and give written approval of the yard or enclosure before the dog is released to its owner or custodian. If the dog was not impounded, the Authority must inspect and give written approval of the yard or enclosure within 10 days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(3) The dog may be off the owner or custodian's premises only if it is muzzled and restrained by a substantial leash, not exceeding six feet in length, and if it is under the control of an adult capable of restraining and controlling the dog. At no time may the dog be left unattended while off the owner or custodian's premises. The owner or custodian of the dog must notify the Authority immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock.

(4) The owner or custodian of a potentially dangerous dog who intends to move the dog out of the jurisdiction or transfer ownership and/or custody of the dog to any other person, shall at least 10 days prior to the move or transfer, inform the Authority in writing of proposed, new jurisdiction and/or the name, address, and telephone number of the proposed new owner or custodian. The Authority may prohibit the proposed move or transfer for good cause, which includes, but is not limited to, the move would create an unreasonable risk to public safety or the new owner or custodian refuses to be bound by reasonable conditions associated with the dog as imposed by the Authority.

(5) The owner or custodian of the dog must complete an obedience course for a minimum of 10 hours of training with the dog, at the owner or custodian's expense, within 60 calendar days after release of the dog to the owner or custodian. The course must be approved by the Authority before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain approval of the course by the Authority within 10 days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(6) The dog must be spayed or neutered at the expense of the owner or custodian before the release of the dog to its owner or custodian. If the dog was not impounded, the dog owner or custodian must provide proof that the dog has been spayed or neutered within 30 calendar days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(7) The owner or custodian of the dog may be required to maintain a bond or insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog in such amount as the General Manager determines is adequate to protect the public. If required to maintain insurance, the owner or custodian must show proof of insurance within 10 days after the decision declaring the dog to be potentially dangerous is served on the dog owner or custodian.

(8) Prior to and as a condition of the release of any dog deemed to be potentially dangerous that is impounded by the Authority, the owner or custodian of the dog shall enter into a written agreement to defend, indemnify, and hold harmless the City of San Clemente, the City of Dana Point, and the Coastal Animal Services Authority from and against any claim relating to the released dog. Defense counsel must be approved by the indemnified party(s).

(9) All charges for services performed by the Authority, including, but not limited to, impound fees, and all fines must be paid before the release of the dog to its owner or custodian, or within 10 days after the services are provided or the charges and fines are ordered to be paid, whichever is sooner. If the owner or custodian does not take possession of the dog and pay the charges and fines within 10 days after the services are provided or the fines are ordered to be paid, the dog will be deemed abandoned and may be placed for adoption or disposed of in a humane manner according to law, at the discretion of the Authority.

(b) If the determination that a dog is potentially dangerous is made after a court hearing, the judicial officer may impose a fine on the owner or custodian of up to $500.00 for each separate basis upon which the determination was made. The court may also order the owner or custodian to pay to the Authority all reasonable costs for services provided.

(c) An administrative hearing officer or judicial officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare, or in the interest of justice.

(Added by Ord. 25-16, 11/18/2025)

(a) A dog determined to be vicious pursuant to this Chapter may be euthanized by the Authority when release of the dog would create a substantial threat to public health, safety, or welfare, and no reasonable alternative is available, as determined by the Authority.

(b) If it is determined that a dog found to be vicious will not be euthanized, the administrative hearing officer or judicial officer must impose on the owner or custodian, at a minimum, all required conditions of a potentially dangerous dog pursuant to Section 10.05.080, the conditions required by this Section, and any other conditions necessary to protect the public health, safety, or welfare.

(c) The enclosure that is required by Subsection (a)(2) of Section 10.05.080 must be an enclosure that is enclosed on all sides and is locked by a padlock. It may be required to have a top and a cement floor. The enclosure must be approved by the Authority in writing before the release of the dog to the owner or custodian. If the dog was not impounded, the dog owner or custodian must obtain the written approval of the Authority within 10 days after the decision or court order declaring the dog to be vicious is served on the dog owner or custodian.

(d) The owner or custodian of a vicious dog must give written notice of the vicious dog determination to the United States Post Office (local branch) and to all utility companies providing services to the premises where the dog is kept. The owner or custodian must provide a copy of the notices to the Authority before the release of the dog from impound. If the dog was not impounded, the dog owner or custodian must provide a copy of the required notices to the Authority within 10 days after the administrative hearing or court determination declaring the dog is vicious.

(e) The owner or custodian of the dog must post "Beware of Dog" signs on the premises, at a location(s) approved by the Authority, stating that a vicious dog resides on the premises. The sign(s) must be posted within 10 days after the decision or court order declaring the dog to be vicious is served on the owner or custodian.

(f) If the determination that a dog is vicious is made after a court hearing, the judicial officer may impose a fine on the owner and/or custodian of up to $1,000 for each separate basis upon which the determination was made. The court may also order the owner or custodian to pay to the Authority all reasonable costs for services provided.

(g) The owner or custodian of a dog determined to be a vicious dog may be prohibited from owning, keeping, possessing, controlling, or having custody of any dog for a period of up to three years, if it is found at the hearing that ownership or possession of a dog by that person would create a significant threat to the public health, safety, or welfare.

(h) An administrative hearing officer may impose any other reasonable conditions that are necessary to protect the public safety and welfare or in the interest of justice.

(Added by Ord. 25-16, 11/18/2025)

Consequences that may result from the failure of an owner or custodian of a dog released after a hearing fails to comply with any of the conditions imposed under Section 10.05.080 or Section 10.05.090 include, but are not limited to, the following:

(a) The failure to comply with any condition is a misdemeanor punishable by a fine not exceeding $1,000 or by imprisonment in the County Jail for a period not to exceed six months, or by both the fine and imprisonment;

(b) A violation of any part of an administrative decision or court order may be the subject of a civil action for injunctive relief to enjoin the person who violated the decision or order. The filing and prosecution of an action for injunctive relief does not limit the authority or ability of the City or Authority to take any other action permitted by law;

(c) A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the initiation of proceedings to determine if the dog is vicious pursuant to this Chapter; or

(d) Violation of any term of release of any dog determined to be potential dangerous or vicious pursuant to this Chapter is subject to being summarily impounded by the Authority, at the owner's expense.

(Added by Ord. 25-16, 11/18/2025)

(a) Potentially Dangerous Dog. If there is no additional instance of any behaviors of a potentially dangerous dog as described in Section 10.05.020 within the 36-month period from the date of designation as a potentially dangerous dog, the dog will 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 before the expiration of the 36-month period if the owner or custodian of the dog demonstrates to the General Manager's satisfaction that changes in circumstances or measures taken by the owner or custodian are such that the dog no longer poses a threat to public safety and general welfare.

(b) Vicious Dog. Notwithstanding any other provision in this Title, no dog subject to a final determination of being vicious pursuant to this Chapter shall be permitted to have such designation removed.

(Added by Ord. 25-16, 11/18/2025)

No dog may be declared potentially dangerous or vicious if:

(a) The 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 custodian of the dog, or was teasing, tormenting, abusing, or assaulting the dog, or was committing or attempting to commit a crime to which the dog was reacting;

(b) The dog was protecting or defending a person from an unjustified attack or assault;

(c) The injury was sustained by an animal that, at the time of the injury, initiated an attack against the dog; or

(d) The injury was sustained by an animal while the dog was working as a hunting, herding, or predator-control dog while under the control of its owner or custodian, and the injury was to a type of animal appropriate to the work of the dog.

(Added by Ord. 25-16, 11/18/2025)

Any violation of this Chapter may be prosecuted as a misdemeanor and in addition to any other remedies or enforcement actions by the Authority, the City, City Attorney, the District Attorney, or any other person or entity with enforcement powers.

(Added by Ord. 25-16, 11/18/2025)