Section 399.5 Of Title 10. Of Crimes Against The Public Health And Safety 369a-402c From California Penal Code >> Title 10. >> Part 1.
399.5
. (a) Any person owning or having custody or control of a dog
trained to fight, attack, or kill is guilty of a felony or a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or imprisonment pursuant to subdivision (h) of
Section 1170 for two, three, or four years, or by a fine not
exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment, if, as a result of that person's failure to exercise
ordinary care, the dog bites a human being, on two separate occasions
or on one occasion causing substantial physical injury. No person
shall be criminally liable under this section, however, unless he or
she knew or reasonably should have known of the vicious or dangerous
nature of the dog, or if the victim failed to take all the
precautions that a reasonable person would ordinarily take in the
same situation.
(b) Following the conviction of an individual for a violation of
this section, the court shall hold a hearing to determine whether
conditions of the treatment or confinement of the dog or other
circumstances existing at the time of the bite or bites have changed
so as to remove the danger to other persons presented by the animal.
The court, after hearing, may make any order it deems appropriate to
prevent the recurrence of such an incident, including, but not
limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) based on a bite or bites inflicted
upon a trespasser, upon a person who has provoked the dog or
contributed to his or her own injuries, or by a dog used in military
or police work if the bite or bites occurred while the dog was
actually performing in that capacity. As used in this subdivision,
"provocation" includes, but is not limited to, situations where a dog
held on a leash by its owner or custodian reacts in a protective
manner to a person or persons who approach the owner or custodian in
a threatening manner.
(d) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 399 or any other
provision of law.
(e) This section shall not apply to a veterinarian or an on-duty
animal control officer while in the performance of his or her duties,
or to a peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, if he or she is assigned to a
canine unit.