Los Angeles County Municipal Code Ch. 10.37 Potentially Dangerous and Vicious Dogs

Within the County of Los Angeles there are potentially dangerous and vicious dogs that have become a serious and widespread threat to the safety and welfare of the citizens of the County, which should be abated. The provisions of this chapter set forth the procedures by which the Department 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 state statute or County ordinance.

(Ord. 2016-0040 § 186, 2016: Ord. 2001-0042 § 2 (part), 2001.)

Potentially dangerous dog means any of the following:

A.

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;

B.

A dog that, when unprovoked, bites a person or otherwise engages in behavior causing a less severe injury than as defined in Section 10.37.040;

C.

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.

(Ord. 2022-0020 § 14, 2022; Ord. 2016-0040 § 187, 2016; Ord. 2013-0033 § 3, 2013; Ord. 2001-0042 § 2 (part), 2001.)

"Vicious dog" means any of the following:

A.

A dog that engages in or has been trained to engage in exhibitions of fighting;

B.

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

C.

A dog previously designated as and currently listed as a potentially dangerous dog in Los Angeles County, or to be a dangerous or vicious dog in another jurisdiction, which, after its owner or custodian has been notified of that designation, continues the behavior described in Section 10.37.020 or is maintained in violation of Section 10.37.130, a stipulation, an administrative decision, a court order, or restrictions placed upon it by another jurisdiction.

(Ord. 2022-0020 § 15, 2022; Ord. 2016-0040 § 188, 2016; Ord. 2013-0033 § 4, 2013; Ord. 2011-0038 § 1, 2011; Ord. 2001- 0042 § 2 (part), 2001.)

"Severe injury" means any physical harm to a human being that results in a serious illness or injury, including but not limited to a major fracture, muscle tears, disfiguring lacerations, multiple sutures, or corrective or cosmetic surgery.

(Ord. 2020-0062 § 1, 2020; Ord. 2016-0040 § 189, 2016: Ord. 2011-0038 § 2, 2011: Ord. 2001-0042 § 2 (part), 2001.)

"Enclosure" means a fence or structure that will prevent the entry of young children and that will confine a potentially dangerous or a vicious dog, in conjunction with other measures that may be required to be taken by the owner or custodian of the dog. The enclosure must be designed to prevent the animal from escaping.

(Ord. 2016-0040 § 190, 2016: Ord. 2001-0042 § 2 (part), 2001.)

"Provoke" means to perform an intentional act or omission that a reasonable person would conclude is likely to cause a bite, injury, or attack by an ordinary dog.

(Ord. 2020-0062 § 1, 2020.)

This chapter does not apply to humane society shelters, public animal care centers or shelters, veterinarians, or to dogs while used by a police department or law enforcement officer in the performance of police work.

(Ord. 2016-0040 § 193, 2016: Ord. 2001-0042 § 2 (part), 2001.)

An authorized employee or agent of the Department or a law enforcement officer may enter and inspect private property in the manner as set forth in Section 10.12.210. Upon inspection, the Department may act to enforce the provisions of this chapter.

(Ord. 2016-0040 § 194, 2016: Ord. 2001-0042 § 2 (part), 2001.)

A.

An animal control or law enforcement officer may seize and impound a dog at large when probable cause exists that the dog poses an immediate threat to public safety. The owner or custodian of the dog is liable for the impound fee and costs if the dog is determined to be potentially dangerous or vicious. The fees and costs must be paid before the release of the dog, but no later than 14 days after the dog is available to be released.

B.

When a dog has been impounded under subsection A and it is not contrary to public safety, the Director may allow the animal to be confined at the owner's expense in a Department-approved animal or veterinary facility.

(Ord. 2016-0040 § 195, 2016: Ord. 2013-0033 § 5, 2013: Ord. 2011-0011 § 9, 2011: Ord. 2001-0042 § 2 (part), 2001.)

If grounds exist, the Director may impose conditions on the keeping of a potentially dangerous dog in lieu of serving a petition to determine if the dog is potentially dangerous. The Director will give written notice to the dog owner or custodian of his intention to impose conditions on the keeping of the dog. Within 14 days, the owner or custodian may agree to the designation of potentially dangerous dog and to the conditions or may submit a written request for a hearing as provided in Section 10.37.110.

(Ord. 2016-0040 § 196, 2016.)

A.

Hearing. If an animal control or a law enforcement officer has investigated and determined that there is probable cause that a dog is potentially dangerous or vicious, the Director may petition the Superior Court, within the judicial district where the dog is owned or kept, for a hearing, or serve a petition for an administrative hearing, to determine whether the dog should be declared potentially dangerous or vicious.

B.

Notice of Hearing and Petition. Whenever possible, a complaint from a member of the public that serves as the evidentiary basis for the animal control officer or law enforcement officer to find probable cause will be sworn to and verified by the complainant and attached to the petition. The Director must notify the owner or custodian of the dog that a hearing in the

Superior Court or 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 Director will serve the owner or custodian of the dog with notice of the hearing and a copy of the petition, either personally or by first class mail. The hearing will be held promptly between 5 and 10 working days after the service of the notice upon the owner or custodian of the dog. For purposes of this chapter, service is complete upon deposit of the document(s) in the mail or when the documents are personally served.

C.

Conduct of Hearing. The hearing will be conducted as an administrative hearing, or a limited civil case under Code of Civil Procedure Section 85, et seq., open to the public. The judicial officer or administrative hearing officer will admit all relevant evidence, including incident reports and the affidavits of witnesses. A jury will not be available. The judicial officer or 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 judicial officer or 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. The hearing will be conducted by a neutral hearing officer. The Department may authorize its own employee to conduct the hearing if the hearing officer is not the same person who signed the petition or directed the seizure or impoundment of the dog, and is not junior in rank to that person(s). In the alternative, the Department may use the services of a hearing officer from outside the Department.

(Ord. 2016-0040 § 197, 2016: Ord. 2013-0033 § 6, 2013: Ord. 2011-0038 § 3, 2011: Ord. 2001-0042 § 2 (part), 2001.)

A.

Following a court hearing the parties will be notified in writing of the determination and order issued, either personally or by first class mail, postage prepaid by the court. If either party contests the determination, he or she may, within 14 calendar days after the mailing of the notice of determination, appeal the decision to the Superior Court, before a judge other than the judge who originally heard the petition. The fee for filing an appeal is the fee provided for in section 31622(a) of the Food and Agricultural Code, payable to the County clerk. The party appealing must serve notice of the appeal upon the other party personally or by first class mail, postage prepaid.

B.

The court hearing the appeal must conduct a hearing de novo, without a jury, and make its own determination as to the potential danger or viciousness of the dog, and make any orders authorized by this Chapter, based upon the evidence presented. The hearing will be conducted in the same manner and within the time periods set forth in Section 10.37.110. The court may admit all relevant evidence, including incident reports. The issue will be decided upon the preponderance of the evidence.

C.

The court hearing the appeal 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.

The determination of the court hearing the appeal is final and conclusive upon all parties.

(Ord. 2016-0040 § 198, 2016: Ord. 2013-0033 § 7, 2013: Ord. 2011-0038 § 4, 2011: Ord. 2001-0042 § 2 (part), 2001.)

Following an administrative hearing conducted pursuant to Section 10.37.110, a written notice of the decision must be served on the Department and the owner or custodian of the dog either personally or by first class mail within 10 calendar days after the hearing. If either party desires to contest the decision, the appealing party must notify the other party, in writing, within 14 calendar days after the decision is served, of the intention to seek judicial review of the decision. The party seeking judicial review by the Superior Court must comply with all requirements of Code of Civil Procedure section 1094.5, et seq.

(Ord. 2016-0040 § 199, 2016: Ord. 2013-0033 § 8, 2013: Ord. 2011-0038 § 5, 2011.)

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

A.

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 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian. The Department may include the designation in the registration records of the dog after the court or the hearing officer has determined that the designation applies to the dog.

B.

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 Department 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 Department must inspect and give written approval of the yard or enclosure within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

C.

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.

D.

The owner or custodian of the dog must notify the Department immediately if the dog is at large or has committed an attack on any person, domestic animal, or livestock. If the dog no longer resides with the owner or custodian, or the dog is transferred to another person(s), the owner or custodian must advise the Department of the dog's new location in writing under penalty of perjury, and provide a copy of the administrative decision or court order declaring the dog to be potentially dangerous to the new owner and custodian. Each subsequent owner or custodian must provide each new owner and custodian with a copy of the administrative decision or court order during the effective period of the decision or court order. Likewise, if the dog is moved to another jurisdiction, the owner or custodian is required to provide the animal control authorities in the new jurisdiction with a copy of the administrative decision or court order during the effective period of the decision or court order.

E.

The owner or custodian of the dog must complete an obedience course for a minimum of ten 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 Department 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 Department within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

F.

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 or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

G.

The owner or custodian of the dog may be required to maintain general liability insurance covering property damage and bodily injury caused by a potentially dangerous or vicious dog, with a combined single limit of $300,000 per occurrence. If required to maintain insurance, the owner or custodian must show proof of insurance within 14 calendar days after the decision or court order declaring the dog to be potentially dangerous is served on the dog owner or custodian.

H.

All charges for services performed by the Department and all fines must be paid before the release of the dog to its owner or custodian or within 14 calendar days after the services are performed or the charges and fines are ordered to be paid. If the owner or custodian does not take possession of the dog and pay the charges and fines within 14 calendar days after the services are performed or the fines are ordered to be paid, the dog will be deemed abandoned and may be disposed of by the Department.

I.

If the determination that a dog is potentially dangerous under Section 10.37.020 is made after a court hearing, the judicial officer must impose a fine on the owner and/or custodian of up to $500 for each separate basis upon which the determination was made. The fine will be paid to the Department to defray the costs of the implementation of this chapter.

J.

A judicial officer or administrative hearing officer may impose other reasonable conditions that are necessary to protect the public safety and welfare.

(Ord. 2016-0040 § 200, 2016: Ord. 2013-0033 § 9, 2013: Ord. 2011-0038 § 6, 2011: Ord. 2001-0042 § 2 (part), 2001.)

A.

A dog determined to be a vicious dog may be euthanized by the Department when it is found, after a hearing conducted under Section 10.37.110, that the release of the dog would create a significant threat to the public health, safety, or welfare.

B.

If it is determined that a dog found to be vicious will not be euthanized, the judicial officer or administrative hearing officer must impose the conditions on an owner and custodian of potentially dangerous dogs required by Section 10.37.130, 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 B of Section 10.37.130 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 Department 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 Department within 14 calendar 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 Department 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 Department within 14 calendar days after the administrative hearing or court determination declaring the dog is vicious.

E.

The owner or custodian of the dog must post one or more signs on the premises, at a location(s) approved by the Department, stating that a vicious dog resides on the premises. The sign(s) must be posted within 14 calendar 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 under Section 10.37.030 is made after a court hearing, the judicial officer must 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 fine must be paid to the Department to defray the cost of the implementation of this chapter.

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.

(Ord. 2022-0020 § 16, 2022; Ord. 2016-0040 § 201, 2016; Ord. 2013-0033 § 10, 2013; Ord. 2011-0038 § 7, 2011; Ord. 2001- 0042 § 2 (part), 2001.)

A.

The hearing officer or judicial officer who heard the petition to determine if a dog is potentially dangerous or vicious may schedule follow-up hearing dates to ensure compliance with all conditions imposed.

B.

Consequences that may result from the failure of an owner or custodian of a dog released after a hearing pursuant to Section 10.37.110 or Section 10.37.120 to comply with any of the conditions imposed under Section 10.37.130 or Section 10.37.140 include, but are not limited to, the following:

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;

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 County to take any other action permitted by law;

A violation of an administrative decision or court order following a determination that a dog is potentially dangerous, may result in the filing of an action to determine if the dog is vicious under Section 10.37.030.C.

(Ord. 2016-0040 § 202, 2016: Ord. 2013-0033 § 11, 2013; Ord. 2011-0038 § 8, 2011: Ord. 2001-0042 § 2 (part), 2001.)

A.

Potentially Dangerous Dog. If there is no additional instance of the behavior described in Section 10.37.020 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 Director that changes in circumstances or measures taken by the owner or custodian, such as the training of the dog, have reduced the risk to public safety.

B.

Vicious Dog. A vicious dog determination based on Section 10.37.030.A. may be removed after one year if the dog is two years of age or older and the owner or custodian demonstrates to the Director that the dog poses no threat to people or animals.

(Ord. 2022-0020 § 17, 2022; Ord. 2016-0040 § 203, 2016; Ord. 2001-0042 § 2 (part), 2001.)

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;

B.

The dog was protecting or defending a person from an unjustified attack or assault within the immediate vicinity of the dog;

C.

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

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.

(Ord. 2016-0040 § 204, 2016: Ord. 2013-0033 § 12, 2013: Ord. 2001-0042 § 2 (part), 2001.)

An owner or custodian of a dog who allows a dog to be uncontrolled or at large on public property, on the private property of another person, or on common areas of private property is guilty of an infraction, or a misdemeanor if the dog injures a person or a domestic animal or livestock.

(Ord. 2016-0040 § 205, 2016: Ord. 2013-0033 § 14, 2013: Ord. 2001-0042 § 2 (part), 2001.)