A Dog The County Calls Dangerous
Food & Agr. Code 31621 — a hearing five to 10 working days after notice, and five days to appeal the determination
Potentially dangerous. A dog is potentially dangerous if, unprovoked, it twice within 36 months behaves in a way that requires a person off the owner's property to take defensive action to prevent bodily injury; bites a person causing a less severe injury than the vicious dog definition covers; or twice within 36 months kills or injures a domestic animal off the owner's property.
The petition and the hearing. Where an animal control or law enforcement officer finds probable cause that a dog is potentially dangerous or vicious, the agency petitions the superior court, or a city or county administrative hearing, to decide. The owner is served with notice and the petition, and the hearing is held within no less than five working days nor more than 10 working days after service. It is open to the public, there is no jury, and the dog may be found potentially dangerous or vicious on a preponderance of the evidence.
At the hearing. The owner or keeper may present evidence as to why the dog should not be declared potentially dangerous or vicious. Whenever possible, a complaint from a member of the public that supports probable cause is sworn and attached to the petition.
The appeal. The owner is notified in writing of the determination. Either side may appeal within five days of receiving the notice, to the superior court, or to a different superior court judge if the first hearing was there. The appeal is heard de novo, without a jury, on a preponderance of the evidence.
The time to comply. An owner whose dog is found potentially dangerous or vicious complies with the chapter's requirements on the schedule set, but in no case more than 30 days after the determination, or 35 days if the notice was mailed.
Cities and counties often add their own dangerous dog rules on top of these, and those are not on this page. What a particular designation means for a particular dog is a question for a licensed California attorney.
Sources for this section (3)
- Food & Agr. Code 31602 — Potentially dangerous dog defined
- Food & Agr. Code 31621 — Petition and hearing on a potentially dangerous or vicious dog
- Food & Agr. Code 31622 — Notice of determination; appeal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.