1 City Council Meeting: October 14, 2025 Santa Monica, California ORDINANCE NUMBER ____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.04.155 RELATING TO
PRIVATE CIVIL REMEDIES FOR DOG BITES IN PUBLIC AND ADDING SECTION
4.04.405 RELATING TO DISCLOSURE OF DOG OWNER CONTACT INFORMATION
AND DOG RABIES VACCINATION INFORMATION AFTER A DOG BITE TO A
PERSON OR ANIMAL
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to regulate dogs and other animals in accordance with the health, safety, and welfare of the general public; and
WHEREAS, the City’s leash law, Santa Monia Municipal Code Section 4.04.155, requires dogs in public places, other than designated dog parks and in cars, to be under the control of a competent person and restrained by a chain or leash no longer than six feet; and
WHEREAS, the leash law is intended to protect against risks to health, safety, and general welfare posed by dogs roving at large in public while affording opportunities to residents with dogs to use public space with their dog companions; and WHEREAS, under California law, dog owners are strictly liable for damages suffered by persons bitten by their dogs, and are generally liable for damages suffered owners of by pets bitten by their dogs if the biting dog owner was negligent in handling their dog; and
WHEREAS, authorizing a person bit or owner of another animal bit by a dog whose owner was violating the City’s leash law at the time of the bite, to bring a civil action for damages with a reasonable minimum statutory damages amount would ensure the dog 2 bite victim is able to recover a minimum amount for the injuries caused by a bite when the dog owner was violating the City’s leash law, and allow for enhanced enforcement of City’s leash law; and
WHEREAS, under California Penal Code Section 398, dog owners are required to provide their own contact information and dog’s rabies vaccination information as soon as practicable but no later than 48 hours of their dog biting a person if the bite breaks the skin; and
WHEREAS, animals bitten by dogs are susceptible to infection or injuries that may require medical care, just as persons bitten by dogs are, and the biting dog’s owner may be responsible for the costs of such care; and
WHEREAS, dog bite victims may have no way to hold a biting dog owner responsible for medical costs and other damages caused by a dog bite if they do not have the dog owner’s contact information, and dog bite victims may not take adequate measures to protect their and their animal’s health and safety if they do not have the biting dog’s rabies vaccination information; and
WHEREAS, allowing dog bite victims to bring a civil action against dog owners who violated the City’s leash law or the requirement to share information after a dog bite would enhance enforcement of these requirements, facilitate civil dispute resolution between dog owners and bite victims, and improve compliance with these measures to protect health, safety, and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.04.155 of the Santa Monica Municipal Code is hereby 3 amended to read as follows:
§ 4.04.155 Dogs on public property.
(a) No person having control, charge or custody of any dog shall permit the dog to be upon any public property, unless the dog is in the custody and control of a competent person and either:
(1) Confined in an automobile; or
(2) Restrained by a chain or leash six feet or less in fixed length. (b) Any person violating this Section shall be guilty of an infraction which shall be punishable by a fine of not less than fifty dollars per violation with each day or partial day of violation counting as a separate offense.
(c) Notwithstanding the above, this Section shall not apply to dogs in any area designated by resolution of the City Council for use by dogs if the person having custody or control of the dog is in compliance with all posted rules governing the use of the designated area. No person shall fail to comply with any posted rules governing the use of an area designated by resolution of the City Council for use by dogs. This Section shall also not apply to dogs under the control of Fire Department or Police Department personnel as may be authorized by the Fire Chief or Police Chief. (d) Every person having control, charge, or custody of any dog on public property who bites another person or animal while such person having control, charge or custody is in violation of this Section, shall be liable for actual damages or $1,000, whichever is greater. This section may be enforced by any aggrieved person by means of a civil action.
The remedy provided for by this subsection shall be in addition to any other remedies, penalties, or procedures established by law.
4 SECTION 2. Section 4.04.405 of the Santa Monica Municipal Code is hereby added to read as follows:
§ 4.04.405 Obligations after dog bite causing puncture. (a) Every person owning or having custody or control of a dog who knows or has reason to know the dog has bit a person or other animal causing at least one puncture of the flesh of the person or other animal, shall, no later than 48 hours after the bite, provide to the person that was bit or to the person owning or having custody and control of the other animal that was bit, his or her name, address, telephone number and the name and license tag number of the dog who bit the person or other animal. If the person having custody or control of the dog that bit is a minor, he or she shall instead provide identification or contact information of an adult owner. If the dog that bit is required by law to be vaccinated against rabies, the person owning or having custody or control of the dog shall, within 48 hours of the bite, provide the other person bite or person having custody or control of the other animal that was bit, with information regarding the status of dog’s vaccinations.
(b) If a person obligated by subsection (a) to provide his or her name, address, telephone number, dog name, license tag number, or rabies vaccination information to another person fails to do so, and the City is in possession of such information, the City may release the information to the person to whom it should have been provided pursuant to subsection (a).
(c) Remedies and Penalties
(1) Any person violating subparagraph (a) of this Section shall be guilty of an infraction, which shall be punishable by a fine not exceeding $100. 5 (2) Any person violating subparagraph (a) of this Section shall be subject to administrative fines and administrative penalties pursuant to Chapter 1.09 of this Code. (3) Any aggrieved person may enforce the requirements of subparagraph (a) of this Section by means of a civil action. Any person violating subparagraph (a) of this Section shall be liable for actual damages or $1,000, whichever is greater. (4) The remedies provided by this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law.
SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 6 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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HEIDI VON TONGELN
Interim City Attorney