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.

(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.

(a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(c) Any 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.

any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

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.

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.

taken into the custody of the public pound or animal control department or provider of animal control services to the city or county where the potentially dangerous or vicious dog is found.

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.

(a) The following sections of the County Code of the County of San Diego, California, adopted by the Board of Supervisors as Ordinances Nos. 7182, and 7177 (New Series), one copy of each of which is on file in the office of the City Clerk of The City of San Diego as Document Nos. OO-16829-1 and OO-17020, are hereby adopted as the Animal Control Ordinance of The City of San Diego: sections 41.102.1, 62.601, 62.603, 62.604, 62.610, 62.611, 62.612, 62.613, 62.614, 62.615, 62.616, 62.617, 62.618, 62.619, 62.620, 62.622, 62.623, 62.624, 62.630, 62.631, 62.641, 62.642, 62.645 (including subsections 62.645.1 through 62.645.13), 62.646, 62.647, 62.660, 62.661, 62.662, 62.664, 62.665, 62.667, 62.668, 62.669 (including subsections 62.669.1 and 62.669.5), 62.671, 62.673, 62.674, 62.675, 62.676, 62.677, 62.678, 62.679, 62.680, 62.682, 62.683, 62.684, 62.685, 62.700 and 62.70l, and in regard to kennel licensing, the following sections of the County Code of the County of San Diego, one copy of which is on file in the office of the City Clerk of the City of San Diego as Document No. OO-16829-2:  Sections 16.101 (less all subsections except (m)), 16.102, 16.103, 16.104, 16.105, 16.106, 16.107, 16.108, 16.109, 16.110, 16.111, 16.112, 16.113, 16.114 and 16.115, all relating to animal control and regulation. Each and all of the regulations, provisions, conditions and terms of said sections are hereby referred to, adopted and made a part hereof as if fully set out in this Division; provided, however, that any of the provisions of said sections as herein adopted which are in conflict with any of the other provisions of this Division shall be superseded by the provisions of this Division.

(b) Any person who violates a provision of the San Diego County Code as adopted and incorporated herein above shall be charged with a violation of the applicable section of the County Code and
upon conviction said person shall be punished as prescribed by Section 12.0201 of the San Diego Municipal Code, irrespective of whether the County Code specifies that that violation is a misdemeanor or an infraction.

History:
(Added 3-7-74 by O-11267 N.S.)
(Amended 6-9-80 by O-15274 N.S.)
(Amended 9-15-80 by O-15327 N.S.)
(Amended 12-5-83 by O-16089 N.S.)
(Amended 3-16-87 by O-16829 N.S.)
(Amended 2-8-88 by O-17020 N.S.)
(Amended 1-8-90 by O-17408 N.S.)
(Amended 8-10-93 by O-17956 N.S.)

The bringing or maintenance within the City of any animals in contravention of this Division is, in addition to being a misdemeanor, hereby declared to be a public nuisance and the Director of Public Health or Director of Animal Control, is hereby authorized, directed and empowered to summarily abate any such public nuisance by any means reasonably necessary, including but not limited to the destruction of the animal or animals involved.

History:
(Renumbered from Sec. 44.04 on 2-10-53 by O-5486 N.S.)
(Amended 10-22-53 by O-5820 N.S.)
(Amended 3-16-87 by O-16829 N.S.)

(a) No person shall offer for sale, give away, bring into or maintain within an area coming within the jurisdiction of this ordinance, any lion, tiger, bear, monkey, wolf, cougar, ocelot, wildcat, skunk, ferret or other members of the family mustelidae, venomous reptile; any "rear fanged" snake (Family Colubridae); any lizards of the Family Helodermatedae (gila monsters and Mexican beaded lizards); any monitor lizards species (Family Varanidae that attain an adult weight over ten (10) pounds or an adult overall length over three (3) feet; any member of the Order Crocadilia, or other such wild animals (ferae naturea), irrespective of their actual or asserted state of docility, tameness or domesticity. The County Director of Animal Control may impound any such animal and dispose of it in a humane manner in accordance with the applicable provisions of the County Code.

(b) Exceptions -- This section shall not apply to:

1. Legally operated zoos or circuses unless the County Veterinarian, the County Health Officer or the Director of Animal Control shall give forty-eight (48) hours advance notice that by reason of inadequate caging or other means of protection of the public from such animals or by the ineffectiveness of sanitation measures or by a particular hazard connected with the animal or animals involved, the public health and welfare will be endangered.
2. Any service or helping animal, pursuant to a permit issued by the Director of Animal Control, that is trained or being trained to assist a physically disabled person by the augmentation of one or more of the senses of touch, taste, smell, hearing or sight, provided such training is or has been done under the auspices of a recognized organization that regularly provides such animals for such purposes. Such animals shall be kept and maintained subject to the provisions of this Division.
3. Any person who keeps any boa and/or python snakes less than 3. feet and/or 15 pounds or the owner or caretaker of any boa and/or python greater than 3. feet and/or 15 pounds who complies with all federal, state and local laws, regulations, and permit requirements affecting such animals.  The owner or caretaker of any such snakes greater than 3. feet and/or 15 pounds shall also:
a. Keep the animals at all times in cages or enclosures of such size and construction or confined in such a manner as to preclude the possibility of escape.  Such cages, enclosures, or confinement shall be of such size as to permit the animals reasonable freedom of movement;
b. Keep the cages or enclosures in a clean and sanitary condition at all times;
c. Provide the animal(s) with adequate food, water, shelter, and veterinary care;
d. Keep the animal(s) in a manner so as not to threaten or annoy any person of normal sensitivity;
e. Take adequate safeguards to prevent unauthorized access to the animals and to preserve animal and public health, safety, and welfare.  In the event of an escape, immediately notify the Department and make every reasonable effort to recapture the animal(s);
f. Upon request by the Department make his/her animal(s), premises, facilities, equipment, and any necessary permit(s) available for inspection for the purpose of ascertaining compliance with the provisions of this section;
g. Reimburse the Department for all costs incurred in enforcing the provisions of this section when a violation is found, and shall be responsible for any injury, or any damage to private or public property caused by the animal(s).
(c) Location and Transportation.  Such animals shall be kept upon or transported in escape-proof  enclosures to private property which the animals' owner or the person who has a right to control the animal, owns or has a right to possess or use. All other transportation is prohibited unless authorized by the Department.

History:
("Ferocious Beasts" added 10-22-53 by O-5820 N.S.; Repealed 3-7-74 by O-11267 N.S.)
(Retitled to "Wild Animals" and amended 3-16-87 by O-16829
(Amended 7-16-90 by O-17497 N.S.)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this Code shall constitute a misdemeanor; except that notwithstanding any other provision of this Code, any such violation constituting a misdemeanor under this Code may, in the discretion of the City Attorney, be charged and prosecuted as an infraction; and, with the further exception that any violation of the provisions relating to parking, operation of bicycles, operation of motor vehicles, and use of freeways, highways and streets by animals, bicycles, motor vehicles or pedestrians shall constitute an infraction. Any person convicted of a misdemeanor under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1000) or by imprisonment in the County Jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this Code, unless provision is otherwise herein made, shall be punishable by fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500).

Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.

History:
(Renumbered from Sec. 13.0201 and retitled 8-10-93 by O-17956 N.S.)

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