City Council
Report
City Council Meeting: September 30, 2025
Agenda Item: 4.M
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To: Mayor and City Council
From: Darrick Jacob, Interim Police Chief, Police Department Subject: Introduction and First Reading of an Ordinance Amending Santa Monica Municipal Code Section 4.04.155 and Adding Section 4.04.405 Relating to Obligations After a Dog Bite Causes Injury to Persons or Animals Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and
2. Introduce for first reading the attached Ordinance amending Santa Monica Municipal Code Section 4.04.155 and adding Section 4.04.405 to provide private remedies when a dog maintained in violation of the leash law bites another animal or person, and to require dog owners to share information after dog bites causing injury to persons or animals.
Summary
Staff proposes amending the City’s “leash law”, Santa Monica Municipal Code Section
4.04.155, to provide a clear civil remedy when a dog bites a person or other animal in public when off leash. Staff further proposes adding new Section 4.04.405 to require dog owners to provide their contact information and dog’s rabies vaccination information to a person or owner of an animal bitten by their dog, and to provide civil and criminal remedies when a dog owner fails to do so. Section 4.04.405 would further permit the City to release the contact and rabies vaccination information to the person entitled to receive if the City is in possession of the information and the dog owner fails to provide it.
Background
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Under California Civil Code Section 3342, dog owners in California are strictly liable for damages resulting from bites to humans but are generally liable for damages resulting from dog bites to other animals if they were negligent in handling the dog. Under California Penal Code Section 398, dog owners must provide their contact information and rabies vaccination information to a person bitten by their dog, but are not required to do so if their dog only bites another animal. Failure to provide the required contact and rabies vaccination information to a person bitten is punishable as an infraction and a fine of up to $100. State law does not provide a remedy for the person who was bitten to pursue against the dog owner if the dog owner fails to provide the required information.
The City has received complaints from residents about dog versus dog incidents resulting in injury where the person having control or custody of the dog causing the injury failed to provide contact information to the owner of the injured dog. In these situations, the dog bite victim is left with very few options to hold the biting dog owner responsible for harm caused by the bite. In response to these complaints, staff proposes amendments to the Municipal Code that would give Animal Control Officers and members of the public greater tools to enforce codes to protect against the harm caused by dog bites.
Discussion
The attached proposed ordinance would amend the City’s “leash law”, Santa Monica Municipal Code Section 4.04.155, to include language that would entitle a person or owner of animal bitten by a dog when the dog is kept off leash in public, which is in violation of the leash law, to bring a private civil action and recover $1,000 or actual damages, whichever is greater. The proposed amendment will facilitate enforcement actions brought directly by persons who are injured by dogs illegally off leash and help enforce the City’s leash regulations, which are designed to protect members of the public from the dangers of unrestrained animals in public. The proposed amendment would also ensure that persons harmed by dog bites are able to recover a reasonable minimum amount of money to compensate for their harm of the dog bite. In the event medical expenses and other direct costs are nominal or difficult to establish, they would 3 of 5
be able to recover a minimum of $1,000, but the ordinance would not limit their recovery if the person harmed can prove actual damages that exceed this amount.
The attached proposed amendment would also clarify language adopted in May 2025 that permits dogs used by Fire and Police Department staff while performing official duties as authorized by the Fire or Police Chief to be off leash in public.
The attached proposed ordinance introduces the addition of section 4.04.405 to require a person owning or having custody of a dog that has bitten a person or animal causing at least one puncture wound to provide their personal contact information and the rabies vaccination information of their dog to the person injured or owner of animal injured, within 48 hours of the bite. A person who fails to provide information as required would be subject to an administrative citation, infraction, and/or statutory damages of $1,000 or actual damages. These civil damages could be pursued in a private civil action by the person who was entitled to receive the information but did not.
This new section would therefore extend the requirement under state law that owners provide their contact information and the dog’s rabies vaccination information when their dog bites another person breaking the skin, to situations when the dog bites another animal and causes at least one puncture. Staff proposes requiring that the bite cause at least one puncture, as is required under state law for bites to persons, because there are many instances in which dogs interact and bite but do not puncture skin, and it would be infeasible to require the exchange of information in every case. The ordinance would also entitle a person who has not received the necessary contact information to file a civil action for damages, which is not currently an option under state law. Finally, the ordinance would authorize the City to release the required information to the person entitled to receive it, to the extent the City is in possession of that information and the dog owner failed to provide it to the person entitled to receive it.
These amendments would facilitate civil dispute resolution by ensuring dog bite victims have the necessary information to contact dog owners that may be responsible for harms caused by bites and take measures to protect their health. 4 of 5
Apart from broadening the application of these sections, the proposed amendment and addition would not change the basic approach for Animal Control staff. After receiving information that a particular dog had bitten a human or other animal, an Animal Control Officer would investigate. If the investigation showed that the animal had caused injury of at least one puncture wound to a human or animal, the officer would assist in obtaining the information from the person having custody or control of the dog that bit.
Failure to comply with the request from the officer would result in an infraction or administrative citation.
Environmental Review
The proposed ordinance is categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment. Authorizing individuals to maintain a private civil action for damages and recover a minimum statutory damages amount. and requiring dog owners to disclose their contact information and their dog’s rabies vaccination status information after a bite to a person or animal breaking skin, will not have a significant impact on the environment.
Past Council Actions
Meeting Date Description
08/03/2004
(attachment A)
Adoption of Ordinance Amending Santa Monica Municipal
Code Sections 4.04.150 and 4.04.160, and Adding Sections
4.04.155, 4.04.165, 4.04.166, and 4.04.415 to the Municipal Code Restriction Animals At Large, Regulating Dogs on
Public Property, Prohibiting Dogs in Specified Areas and Feeding in Off-Leash Areas, and Modifying Provisions on Vicious Dogs (Ord. No. 2137 (CCS))
05/27/2025
(attachment B)
Adoption of Ordinance Amendment Santa Monica Municipal
Code Sections 4.04.070, 4.04.080, 4.04.090, 4.04.100,
4.04.110, 4.04.140, 4.04.150, 4.04.155, 4.04.160, 4.04.170,
4.04.190, 4.04.230, 4.04.260, 4.04.280, 4.04.290, 4.04.300,
4.04.330, 4.04.340, 4.04.360, 4.04.370, 4.04.415, AND
4.12.090,Adding Sections 4.04.145, AND 4.04.265 and
Repealing Sections 4.04.250, 4.04.380, and 4.04.410
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Relating to Animal Control Matters (Ord. No. 2813 (CSS)) Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. August 10, 2004 - Ordinance 2137
B. May 27, 2025 - Ordinance 2813
C. Proposed Ordinance - SMMC 4.04.155 and 4.04.405