Dog bites and animal attacks
Dangerous and vicious dogs in Riverside County
California law lets animal control ask for a hearing to declare a dog potentially dangerous or vicious, for example after an unprovoked bite (Food & Agric. Code § 31602). A designation brings confinement rules, and a vicious dog may be destroyed. Riverside County adds its own restraint orders. A prior designation is not needed for a bite claim.
How California defines dangerous dogs
California's dangerous dog law sets out two categories and a process for deciding whether a dog belongs in one:
- Potentially dangerous dog: among other things, a dog that, unprovoked, bites a person causing less than a severe injury, or that twice within 36 months, off the owner's property, acts in a way that forces a person to defend against injury (Food & Agric. Code § 31602).
- Vicious dog: a dog that, unprovoked and aggressively, inflicts severe injury on or kills a person, or a listed potentially dangerous dog that continues the behavior or is kept in violation of the rules (Food & Agric. Code § 31603).
- Severe injury means muscle tears or disfiguring lacerations, or injury requiring multiple sutures or corrective or cosmetic surgery (Food & Agric. Code § 31604).
The hearing
If animal control or a law enforcement officer finds probable cause, the agency petitions for a hearing before the superior court or a local hearing officer. The hearing is held 5 to 10 working days after the owner is served, it is open to the public, and it can consider incident reports and witness affidavits; there is no jury, and the decision is made on a preponderance of the evidence (§ 31621). Either side may appeal within five days of the notice of determination, and the owner must comply within 30 days (35 if the notice is mailed) (§ 31622). A dog that poses an immediate threat can be impounded pending the hearing (§ 31625).
What a designation requires
A potentially dangerous dog must be kept indoors or in a securely fenced yard that children cannot enter, and may leave the property only on a substantial leash controlled by a responsible adult (§ 31642). A vicious dog may be destroyed if releasing it would be a significant threat to public safety, or kept under court-ordered conditions (§ 31645), and its owner may be barred from having any dog for up to three years (§ 31646). Cities and counties may adopt stricter programs (§ 31683).
Riverside County's ordinance
Riverside County has its own potentially dangerous and dangerous animal ordinance, which adds an administrative restraint order and its own definitions:
| Potentially dangerous animal | Potentially dangerous animal: one that has once pursued, attacked or bitten a person engaged in a lawful activity, causing less than a substantial injury (among other definitions). [source] |
|---|---|
| Dangerous animal | Dangerous animal: includes one that has attacked or bitten a person or animal once, causing death or substantial injury, or twice within 48 months causing lesser injuries. [source] |
| Restraint order and hearing | The County issues a Potentially Dangerous Animal Restraint Order requiring a secure enclosure or restraint; the owner may request a hearing in writing within 10 calendar days. [source] |
| Conditions for dangerous animals | For a dangerous animal, conditions may include requiring the owner to carry $100,000 in liability insurance, specific enclosures, leashes and muzzles. [source] |
| Police dogs | The ordinance does not apply to police dogs while used in police work. [source] |
| State court process | The ordinance does not prevent court proceedings under Food and Agricultural Code section 31601 and following. [source] |
The County's general animal control ordinance also defines vicious animals:
| Definition | The ordinance defines a vicious dog or cat as one that has bitten a person or animal without provocation or has a propensity to attack or bite without provocation. [source] |
|---|
Contract cities rely on the County for these problems too; Palm Desert's budget description, for example, lists vicious dog problems among the services in its County contract. [source]
Why a dog's history matters in an injury claim
For a bite, the owner is liable whether or not the dog had a history (Civil Code § 3342), so a prior designation is not required. The history still matters in other situations: when a dog injures someone without biting, when a claim is based on negligence rather than the bite statute (Civil Code § 1714), or when you want to show that the owner ignored an order to confine the dog. Earlier bite reports, restraint orders and hearing decisions are public agency records, so mention any prior incidents you know of when you report a bite. Our reporting page explains how a report starts that record.
Common questions
Does a dog have to be declared dangerous before I can recover for a bite?
No. The bite statute makes the owner liable regardless of the dog's former viciousness or the owner's knowledge (Civil Code § 3342).
Can I start a dangerous dog case myself?
The state hearing process is started by animal control or law enforcement after an investigation, and a sworn complaint from a member of the public can be attached (Food & Agric. Code § 31621). Separately, after a dog has bitten people on two separate occasions, any person may bring a court action (Civil Code § 3342.5).
Can a city ban certain breeds?
Generally no. State law lets cities and counties adopt stricter programs, but with a narrow exception no program regulating dogs may be breed-specific (Food & Agric. Code § 31683).
Every fact on this page links to the official source it came from. We checked each one in September 2026. Agencies change fees and procedures, so confirm with the agency before you go. How we research.
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