Downey, CA Animal Ordinances: Breed Restrictions (2026)
Key Facts
- Governing section
- Municipal Code Section 4235 (1985)
- Definition trigger
- Bite/attack propensity without provocation
- Two-bite rule
- 2+ documented bites is prima facie vicious
- Consequence
- Written confinement order; summary destruction if ignored
- State backdrop
- Food & Ag. Code Sec. 31683 bars breed-specific rules
Summary
Downey Municipal Code Section 4235 defines any dog with a proven disposition to attack or bite without provocation as a "wild or vicious animal" and bars keeping such an animal, or specified wild species, off the owner's enclosed premises. A documented two-bite history is automatic proof of dangerousness, and Animal Control can order strict confinement or destroy the animal for non-compliance.
No person owning or having charge, custody, control or possession of any animal or reptile known by such person to be vicious or dangerous, or commonly so known, or owning or having charge, custody, control or possession of any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, wolf, monkey, ape, chimpanzee, bobcat, lynx, wildcat, puma, cheetah, or any animal commonly referred to as a "wild species" or any poisonous reptile shall permit or allow the same to be at large upon any highway, street, lane, alley, court, or other public place or upon any private property other than within the enclosed premises of such person. Any dog having a disposition or propensity to attack or bite any person or animal without provocation is hereby defined as a wild or vicious animal. The Director shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain or any other type of control, which is reasonably adequate under the circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the Director's order.
Full Breakdown
Section 4235, added by Ordinance 806 in 1985, targets two overlapping categories. First, it bars anyone who owns or controls an animal or reptile "known by such person to be vicious or dangerous, or commonly so known," or who possesses named wild species such as a bear, lion, tiger, wolf, bobcat, cheetah, or any poisonous reptile, from letting the animal be at large on a street or public place, or on private property outside the owner's own enclosed premises. " If that level of restraint is impossible or impracticable, the animal is impounded until the owner can comply.
" The section also sets an evidentiary shortcut for the City: where Animal Care and Control's own records show a dog has bitten a person or another animal on two or more separate occasions, that bite history is, by law, prima facie evidence that the dog is a wild or vicious animal, shifting the burden to the owner to rebut the finding. "
Violations & Fines
Failure to comply with a Director's written enclosure or restraint order under Section 4235 exposes an owner to impoundment of the animal and, if adequate restraint still is not provided within a reasonable time, summary destruction of the animal. Separately, keeping a wild or vicious animal at large is chargeable under the general penalty code, Section 1200, as a misdemeanor with up to a $1,000 fine and six months in jail.
Frequently Asked Questions
What makes a dog "vicious" under Downey law?
Can Downey destroy a dog declared vicious?
Does a single bite make a dog legally vicious?
Can Downey ban a dog because of its breed?
Sources & Official References
Other rules in Downey
How Downey compares: Cities with No Dog Breed Restrictions·California rules heatmap·Compare Downey to another location·View the California animal ordinances overview
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