Mariposa County Municipal Code § 6.10 Animals

Within the County of Mariposa there are vicious dogs which constitute a public nuisance which should be abated. This section is intended to supplement rather than supplant any other remedy available under state law or the Mariposa County Code.

HISTORY

Adopted by Ord. 1201 on 9/2/2025 6.10.020 Vicious Dog Defined

1. Within the County of Mariposa there are vicious dogs which constitute a public nuisance which should be abated. This section is intended to supplement rather than supplant any other remedy available under state law or the Mariposa County Code.

2. An attack which requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting himself or herself peacefully and lawfully.

3. An attack which results in property damage or in an injury to a person when such person is conducting himself or herself peacefully and lawfully.

4. An attack on another animal, livestock or poultry which occurs on property other than that of the owner of the attacking dog.

5. Any behavior which constitutes a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully

For the purposes of this section, a threat of bodily harm to a person when such person is conducting himself or herself peacefully and lawfully upon the private property of an owner or possessor of the dog when he or she is on such property in the performance of any duty imposed on such persons by state or local law or by the laws of (or) postal regulations of the United States, or when he or she is on such property upon invitation, either expressed or implied.

HISTORY

Adopted by Ord. 1201 on 9/2/2025 6.10.030 Investigation

Upon notification of the whereabouts of a vicious dog, the Animal Control Officer shall immediately conduct an investigation of the matter for the purpose of verifying the report. If, after investigation, the Animal Control Officer determines that the dog has bitten or attacked a person or another animal so as to indicate vicious propensities, the Animal Control Officer shall either notify the owner of the dog in writing and direct that henceforth the dog be kept within a secured enclosure as approved by the Animal Control Officer, or under any other type of control the Animal Control Officer deems adequate under the circumstances, or proceed pursuant to Subsection 6.10.070 of this chapter with impoundment and court procedures. Failure to comply with such direction shall constitute a misdemeanor punishable pursuant to section 1.20.010 of this code.

HISTORY

Adopted by Ord. 1201 on 9/2/2025 6.10.040 Misdemeanor

A dog owner whose dog commits any of the acts described in subsection 6.10.020 is guilty of a misdemeanor punishable by section 1.20.010 of this code.

HISTORY

Adopted by Ord. 1201 on 9/2/2025 6.10.050 Registration Of Vicious/Dangerous Dog

A dog owner whose dog commits any of the acts described in subsection 6.10.020 is guilty of a misdemeanor punishable by section 1.20.010 of this code.

Furthermore, the keeping of a registered dog shall be subject to the following conditions:

1. Number and Identification. The owner or keeper shall have the licensing number assigned to such dog, or such other identification number as the Sheriff’s Office shall determine. The Sheriff’s Office may require other methods of identification, e.g., installation of a microchip by a licensed veterinarian.

2. Display of Sign. The owner or keeper shall display a sign on his or her premises warning that there is a vicious/dangerous dog on the premises. The sign shall be visible and capable of being read from the fronting street or public highway.

3. Confinement Indoors. No registered dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition except to a secured enclosure. In addition, no such dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.

4. Confinement Outdoors. When outside, all registered dogs shall be confined in a secure enclosure, except when necessary to obtain veterinary care or to comply with commands or directions of a county official. All such enclosures must be adequately lighted and ventilated and kept in a clean sanitary condition.

Whenever necessity requires a registered dog to be outside of the enclosure, the dog shall be securely muzzled if it is vicious, and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, with handgrip, and shall be under the direct control and supervision of the owner or keeper of the dog.

5. A registered dog shall not be returned to an owner or keeper unless the owner or keeper shows county proof of liability insurance covering the registered dog.

6. For purposes of this section, the following definitions of “vicious” and “dangerous” shall apply:

   1. Vicious Dog: Any dog which (1) kills a person; (2) inflicts serious wounds to a person, including multiple bites, or serious disfigurement, serious impairment of health, or serious impairment of any bodily function; (3) continues to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog provided that its owner or keeper has been given notice of that finding; or (4) which has been found vicious by a court of competent jurisdiction.

   2. Dangerous Dog: Any dog which (1) causes a wound to any person without provocation on public or private property; (2) while off the property of its owner or keeper, has killed or injured a domestic animal or livestock; (3) attacks any person; or (4) has been declared dangerous by a court of competent jurisdiction.

HISTORY

Adopted by Ord. 1201 on 9/2/2025

The court, in its discretion, wherein the misdemeanor is heard, is hereby granted the authority, if the court finds that the dog has bitten or attacked a person or another animal, to have the dog destroyed.

HISTORY

Adopted by Ord. 1201 on 9/2/2025 6.10.070 Impoundment Of Vicious Dog

If the Animal Control Officer has, pursuant to section 6.10.030, previously notified a dog's owner in writing that the dog is vicious and the dog subsequent to the notification is found to be at large, or actually bites or injures a person or another animal, then the dog shall be impounded and held in impoundment at the owner's expense pending a decision by a court of competent jurisdiction as to the disposition of the dog pursuant to subsection 6.10.050 of this chapter.

HISTORY

Adopted by Ord. 1201 on 9/2/2025