Ventura Ordinances

ARTICLE 1. GENERAL PROVISIONS
ARTICLE 2. DOG LICENSES
ARTICLE 3. DOG KENNEL LICENSES*
ARTICLE 4. RABIES CONTROL
ARTICLE 5. CONTROL OF ANIMALS GENERALLY
ARTICLE 6. CONTROL OF DOMESTICATED ANIMALS OTHER THAN HOUSEHOLD PETS
ARTICLE 7. WILD ANIMALS
ARTICLE 8. ANIMAL POUND

ARTICLE 1. GENERAL PROVISIONS

Sec. 8.050.110. Records.

It shall be the duty of the tax collector or poundmaster to keep or cause to be kept, accurate and detailed records of:

  1. All dogs or livestock licensed, impounded or sold.
  2. All animal bite cases reported and the results of the investigations thereof.
  3. All moneys received.

Said records shall be open to inspection by the public at all reasonable times.
(Code 1971, § 4471)

Sec. 8.050.120. Definitions.

Animal pound means any dog pound, animal shelter, temporary animal pound, or pound vehicle owned or operated by the County of Ventura.

County health officer means the Ventura County Health Officer and officers, employees and agents thereof.

Harbor A person harbors a dog within the meaning of this chapter when the person feeds or shelters the dog for a period of 30 days or longer.

Livestock includes horses, ponies, mules, burros, jack and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs and all other domestic or domesticated animals other than household pets.

Poundmaster includes deputies poundmaster and any person or organization authorized by the county to perform the duties and functions of poundmaster or the agents or employees of any such person or organization.

Run at large.

  1. A dog "runs at large" within the meaning of this chapter when it is upon private property without the permission of the person owning or occupying the property, or when it is upon public property and is not upon a leash.
  2. Livestock "runs at large" within the meaning of this chapter when upon private property without the permission of the person owning or occupying the property, or when upon public property and not under the immediate control of a responsible person capable of controlling such animal.

Tax collector means the Ventura County Tax Collector and officers, employees and agents thereof.
(Code 1971, § 4472)

Sec. 8.050.130. Exemptions.

  1. The licensing provisions of this chapter do not apply to any dog:
    1. While in the immediate custody and control of a person who is engaged in traveling through the county and who is not a resident of the county;
    2. Brought into the county for a period not exceeding 30 days for the purpose of breeding or displaying it at shows, exhibitions, or field trials, provided that such dog is not allowed to run at large; or
    3. Confined to the premises of a benevolent organization devoted to the care of lost or homeless animals, or that is confined in an animal hospital for treatment, or confined in a dog kennel, licensed under the provisions of this chapter, provided that such dog remains, at all times, upon the premises of such benevolent organization, animal hospital, or dog kennel.
  2. Section 8.050.510 does not apply to dogs:
    1. Actively engaged in dog shows or field trials;
    2. Actively engaged in hunting game upon public property which is open for such hunting; or
    3. Which are kept, trained, and used exclusively for the working, herding, or guarding of other animals, while such dog is actively engaged in such working, herding, or guarding.

(Code 1971, § 4473)

Sec. 8.050.140. Defense in prosecutions.

In any prosecution for a violation of any provision of this chapter, the burden of producing evidence to establish any of the exemptions provided herein shall, in the first instance, be upon the defendant.
(Code 1971, § 4474)

Sec. 8.050.150. Citation to appear.

Any person arrested for violation of this chapter shall be given the opportunity to sign a citation to appear pursuant to this Code. Any person refusing to sign a citation to appear may be taken into custody.
(Code 1971, § 4475)

Sec. 8.050.160. Failure to appear.

Any person willfully violating his written promise to appear on the citation is guilty of a misdemeanor.
(Code 1971, § 4477)

Sec. 8.050.170. Rates and charges.

The city may, by resolution, establish rates and charges for services rendered by the poundmaster not designated herein.
(Code 1971, § 4478)

ARTICLE 2. DOG LICENSES

Sec. 8.050.210. License tag.

  1. Requirements. Every person who owns, harbors, or keeps any dog over the age of four months for 30 days or longer shall obtain a current license and license tag issued under the provisions of this Municipal Code and stamped with the current license year, and shall maintain such license in an active status for the remainder of the current license year. A license ceases to be active on the date of expiration, (as defined in subsection B., below) of the rabies vaccination of the dog for which the license is obtained. The license tag obtained shall be attached to a substantial collar or harness which shall be worn by the dog at all times, except when the dog is contained within an enclosure or confined to the premises of an animal hospital, or a licensed dog kennel or state-chartered benevolent organization for the care of animals, or when the dog is participating in or training for sporting events, field trials, obedience classes, dog shows, or herding livestock, providing such dog is not allowed to run at large. A person whoviolates the provisions of this section is guilty of a misdemeanor. Any dog found without a current license tag may be taken up and impounded by the poundmaster or any peace officer.
  2. License application. The license and license tag required by this article may be obtained by displaying an acceptable rabies vaccination certificate, furnishing the information required herein, and paying the proper fee to the county animal control department. Such information shall include the name, sex, breed, age and color of the dog for which application is made, and give the address, and when available, the telephone number of the person owning, harboring, or keeping such dog. The official receiving such information shallrecord it on the receipt to be given for payment of the license fee. A rabies vaccination certificate, to be acceptable, must show that the vaccination has at least 60 days to run before its expiration date. A vaccination of the "chick-embryo" type expires 30 months after it is administered, and a vaccination of the "nerve-tissue" type expires 18 months after it is administered. The expiration date of the rabies vaccination shall be recorded on the receipt.
  3. License fee. The fee for the annual license required by this article shall be $10.00 for each dog, whether male or female. When a veterinarian's certificate verifying that a dog is spayed, neutered, or rendered temporarily infertile by a birth control method acceptable to the director of the animal control department is submitted with the application, the fee shall be $4.00. When a dog first requires the license after July 1 of any calendar year, the license fee for the remainder of the calendar year shall be one-halfthe fee charged for a full year.
  4. Due date and penalties. The information and fee required by this article are due on or before the last day in February of each year, except that, as to any dog acquired or brought into the county after the last day of February or that attains the age of four months after the last day in February, the information and fee shall be due within 30 days after its acquisition, or within 30 days after it is brought into the city, or when such dog attains the age of four months, whichever is later. Any person purchasing a license tag after the due date shall be charged a late license penalty which shall be $15.00 and which shall be paid in addition to the regular license fee.
  5. Issuance of license tag. Upon receipt of the required information, accompanied by payment of the proper fee and display of an acceptable rabies vaccination certificate, the dog shall be licensed, a written receipt shall be issued to the applicant, and a metal license tag shall be mailed to applicant's address. Each tag shall be serially numbered and stamped with the words "Ventura County" and shall be stamped with the year for which it is issued. The animal control department shall maintain a record of the licenses so issued whichrecord shall be kept on file in the office of the animal control department, open to reasonable public inspection, until the expiration of the current year.
  6. Lost license tag. If a license tag issued under the provisions of this article is lost, a duplicate tag may be obtained from the animal control department upon paying a fee of $1.00 and either surrendering the receipt obtained for the lost license tag or certifying under penalty of perjury that a tag was obtained and that the receipt cannot be found.
  7. Transfer of license. In the event that there is a change in ownership of a dog licensed pursuant hereto during the license year, the new owner may have the current license transferred to his name upon the payment of a transfer fee of $1.00 and the surrender of the license receipt.
(Code 1971, § 4411)

Sec. 8.050.220. License inspectors.

The Ventura County tax collector may appoint animal license inspectors for the purposes of inspecting animals required to be licensed hereunder to ascertain if such animals are properly licensed, issuing the licenses required hereunder, and collecting the required license fees. Inspectors who canvass from door to door shall be compensated at the rate of $0.50 for each license issued. In the event that a license fee collected by such inspector includes a penalty imposed pursuant hereto, such inspector shallreceive, in addition, 50 percent of the penalty or penalties collected as compensation. Inspectors who do not canvass from door to door shall be compensated at the rate of $0.50 for each license issued. In the event that a license fee collected by such inspector includes a penalty imposed pursuant hereto, such an inspector shall receive an additional $0.50, provided, however, that no full-time city or county employee shall receive compensation for the collection of dog license taxes or penalties.

Each inspector shall promptly account to the tax collector for all funds collected pursuant hereto and shall pay over such funds to the tax collector within 96 hours after their receipt. Said inspectors shall be paid for their services on or about the fifth day of each month following the rendition of such services.
(Code 1971, § 4412)

Sec. 8.050.230. License violations.

Every person who counterfeits a dog license tag, or who attaches a license tag issued under the provisions of this chapter to any dog other than the one for which such tag was issued, or who obtains a dog license tag or dog kennel license and, in doing so, states as true any material matter which the person knows to be false, is guilty of a misdemeanor.
(Code 1971, § 4413)

ARTICLE 3. DOG KENNEL LICENSES*


*Cross references: Business regulations, div. 6.

Sec. 8.050.310. Kennel license required.

Every person who owns, manages, or operates a dog kennel, as defined in section 8.050.320, without having a current and valid license therefor issued under the provisions of this chapter is guilty of a misdemeanor.
(Code 1971, § 4431)

Sec. 8.050.320. Dog kennel defined.

A "dog kennel" within the meaning of this chapter is any place or premises where at least five dogs over the age of six months are kept for the purpose of breeding, training, or holding for sale, or where at least ten dogs over the age of six months are kept for any purpose.
(Code 1971, § 4432)

Sec. 8.050.330. Kennel license fee period.

The dog kennel license required by this chapter may be obtained by written application to the poundmaster or tax collector. Such application shall be in duplicate and shall state the name and address or location of the kennel, the name or names of the person or persons owning, managing, or operating such kennel, the number and approximate ages of the dogs currently kept therein, and the purpose or purposes for which they are kept. Such application shall be accompanied by a certificate from the county healthofficer stating that such kennel was inspected and found to be in a sanitary and healthful condition. Such application shall also be accompanied by the annual fee of $25.00. If such application, certificate, and fee are proper, a copy of the application shall be signed and dated by the poundmaster or tax collector and issued to the applicant as his current kennel license. The license period for the kennel license required by this chapter shall be one year, beginning January 1 and ending December 31. Any kennel license issued under the provisions of this chapter shall expire and cease to be "current" at the expiration of the license year for which it was issued. Renewal shall be made only upon application, certification, and payment of the fee in the manner provided for the issuance of an original kennel license.
(Code 1971, § 4433)

Sec. 8.050.340. Revocation of kennel license.

Any kennel license issued under the provisions of this chapter may be revoked by the county health officer whenever, in the county health officer's opinion, the dog kennel for which such license was issued is not being maintained in a sanitary or healthful condition or is not provided with adequate care and supervision for the dogs confined therein. The revocation shall become effective 30 days after notice of such defective condition is deposited in the mail, postage prepaid, directed to the person or persons owning or operating such kennel at the address shown in the application, unless, within such 30 days, the noticed condition is corrected to the satisfaction of the county health officer. After such revocation becomes effective, the revoked license shall be invalid for any purpose whatsoever.
(Code 1971, § 4434)

Sec. 8.050.350. Zoning.

The requirements of this chapter shall be deemed to be in addition to, and not in limitation of, the requirement of any applicable zoning laws or ordinances. A kennel license issued under the provisions of this chapter shall cease to be valid if the operation of a dog kennel should become a prohibited use for the zone in which it is then located.
(Code 1971, § 4435)

ARTICLE 4. RABIES CONTROL

Sec. 8.050.410. Rabies vaccination required.

Every person owning, harboring or keeping any dog shall, within 30 days after such dog attains the age of four months, cause it to be vaccinated by a licensed veterinarian with a vaccine of a type known as "canine chick-embryo origin modified live-virus rabies vaccine" or of a type known as "canine nerve-tissue killed-virus rabies vaccine".
(Code 1971, § 4441)

Sec. 8.050.420. Rabies vaccination.

The poundmaster shall provide facilities for the rabies vaccination of dogs or shall arrange for such vaccination at clinics operated by private veterinary groups or associations. The poundmaster shall provide blank forms for the vaccination certificates required by this chapter. Failure to display a valid vaccination certificate upon reasonable demand by the poundmaster is prima facie evidence of nonvaccination. No charge in excess of the actual cost therefor shall be made for vaccination at such facilities or clinics. The vaccination required hereunder may be obtained either at such facilities or clinics or from a licensed veterinarian of the owner's choice.
(Code 1971, § 4442)

Sec. 8.050.430. Isolation of suspected dogs.

The poundmaster shall take up and place in isolation any dog, licensed or not, which in the opinion of a licensed veterinarian or the county health officer, displays symptoms suggestive of rabies. Such isolation shall be at an animal pound unless the owner of such dog, with the approval of the county health officer, arranges with a licensed veterinarian for such isolation in a private animal hospital or clinic. Any dog placed in such isolation shall be kept strictly confined and under such observation as may be required by the county health officer. Such isolation shall continue for at least 14 days from the date the symptoms suggestive of rabies were first observed. Such isolation may be continued for a period longer than 14 days if, in the opinion of any licensed veterinarian or the county health officer, such longer period is necessary. At the expiration of such 14 days, or longer period, any dog confined at an animal pound shall be released upon payment of the fees set forth in section 8.050.480 if, in the opinion of any licensed veterinarian or the county health officer, such dog does not have rabies.
(Code 1971, § 4443)

Sec. 8.050.440. Responsibilities of veterinarians.

It shall be the duty of every licensed veterinarian to report immediately to the poundmaster any animal observed by the veterinarian which is diagnosed by him as having rabies or is suspected of having rabies.
(Code 1971, § 4444)

Sec. 8.050.450. Reporting of bite cases.

It shall be the duty of every physician, or other person, to report to the county health officer the name and address of any person treated for a bite inflicted by any animal, together with such other information as will be helpful in rabies control.
(Code 1971, § 4445)

Sec. 8.050.460. Biting animals.

Except as otherwise provided herein, the poundmaster shall take up, impound, and isolate for 14 days following the date of the alleged bite, any animal of a type subject to rabies that is reported to have bitten any person, whether or not such animal has been vaccinated with rabies vaccine and whether or not such animal displays any symptoms suggestive of rabies. The animal shall be impounded and isolated in section 8.050.430, above, for the isolation of dogs suspected of having rabies.

Any person, who is 21 years of age or older may, however, make written request to the poundmaster for the isolation of such biting animal either in facilities provided by a licensed veterinarian or in a licensed boarding kennel or upon the private premises of the person making such request. If such request is approved by the poundmaster, such biting animal shall not be taken up and impounded but shall instead be kept strictly confined and isolated in such veterinarian's facilities or on such private premises for the isolation period. The poundmaster shall post such private premises, in a conspicuous place thereon, with notice that an animal is being confined thereon to be observed for rabies. Upon termination of the isolation period, animals isolated in an animal pound shall be released upon payment of the fees set forth in section 8.050.480 if, in the opinion of any licensed veterinarian or the county health officer, the animal does not have rabies, and animals isolated upon private property shall be released from such isolation if, in the opinion of any licensed veterinarian or the county health officer, the animals does not have rabies.
(Code 1971, § 4446)

Sec. 8.050.470. Violation of isolation requirements.

Every person who, after requesting and obtaining approval for the keeping of a biting animal confined and isolated upon his private premises, as provided in section 8.050.460 of this chapter, fails for any reason whatever to keep such animal continuously confined and isolated upon his premises, either indoors or inside some enclosure, for a period of 14 days after the day such written request is presented to the poundmaster, is guilty of a misdemeanor. Any such animal, whether licensed or unlicensed, not continuously confined and isolated as required herein shall be taken up forthwith by the poundmaster and isolated as provided in section 8.050.430 of this chapter.
(Code 1971, § 4447)

Sec. 8.050.480. Redemption of isolated animals.

Any dog isolated at an animal pound as provided in sections 8.050.430, 8.050.460, or 8.050.470 of this chapter and found not to have rabies may be redeemed by the owner thereof by paying the poundmaster the amount of $1.00 for each day such dog was isolated at the animal pound and obtaining any necessary license tag. Any cat or smaller animal may be redeemed in a similar manner except that an isolation fee of $0.50 per day shall be charged for such animal. Any animal which is not so redeemed within 72 hoursafter the expiration of the isolation period shall be deemed to have been abandoned and shall be disposed of as provided in section 8.050.820.
(Code 1971, § 4448)

ARTICLE 5. CONTROL OF ANIMALS GENERALLY

Sec. 8.050.510. Leash law.

  1. Except as otherwise provided in this chapter, it is unlawful for any person to permit any dog owned, harbored, or controlled by him or her on any public street, alley, lane, park or place of whatever nature open to and used by the public unless such dog is securely leashed and the leash is held continuously in the hands of a responsible person capable of controlling such dog, or unless the dog is securely confined in a vehicle.
  2. It is unlawful for any person to permit any dog owned, harbored, or controlled by him or her to be on any private property without the permission of the person owning or occupying said private property.
(Code 1971, § 4451; Ord. No. 2001-17, § 2, 12-17-01)

Sec. 8.050.515. Designated off-leash areas.

  1. Notwithstanding anything in this chapter to the contrary, properly licensed and tagged (i.e., ownership identification) dogs without vicious, dangerous or aggressive propensities may be exercised without a leash in the designated areas and at the designated times established by the Parks Manager, at the Arroyo Verde and Camino Real parks subject to the following rules and regulations:
    1. No dog is permitted in the off-leash area unless it is under the care, custody and control of a person 18 years or older (the "caretaker").
    2. Dogs are permitted off-leash in the designated areas only during the posted hours of operation.
    3. All dogs must be vaccinated for rabies, and have a current animal license. No dog that is sick, in heat, vicious, aggressive or has previously bitten any person is permitted in the off-leash area.
    4. All dogs must be under the voice control of their caretakers at all times. The caretaker must remain present within the off-leash dog area at all times, must carry a leash, and must leash the dog at the first sign of aggression.
    5. The caretaker must promptly remove and dispose of the dog's litter. Caretaker bears full responsibility for filling any holes and repairing damage to the park created by the dog.
    6. No animals other than dogs are permitted in an off-leash area. No dog obedience classes may be conducted in an off-leash area.
  2. The use of an off-leash area by a dog and its caretaker will constitute the caretaker's agreement to comply with the rules contained in this section as well as those regulations posted by the Parks Manager with respect to the use of such off-leash areas.
  3. The use of an off-leash area by a dog and its caretaker will constitute the caretaker's agreement to protect, indemnify, defend and hold harmless the city from any claim, injury or damage arising from or in connection with such use.
(Ord. No. 2001-17, § 3, 12-17-01; Ord. No. 2002-15, § 2, 7-29-02)

Sec. 8.050.520. Impounding dogs running at large.

The poundmaster may take up and impound any dog found running at large. Such dog shall be disposed of, unless redeemed, as provided in section 8.050.820 of this chapter.
(Code 1971, § 4452)

Sec. 8.050.530. Livestock running at large.

  1. Unlawful. It is unlawful for any person owning, harboring, or controlling any livestock to permit such livestock to run at large upon the private property of another without the permission of the person owning or occupying said private property, or upon the streets or public places of the city.
  2. Impounding of livestock running at large. The poundmaster may take up and impound any livestock found running at large. Such livestock shall be disposed of, unless redeemed, as provided in section 4426 of this chapter.
(Code 1971, § 4453)

Sec. 8.050.540. Privileged entry.

  1. For the purpose of discharging the duties imposed by this chapter or other applicable law and to enforce the same, the poundmaster or any peace officer may enter on private property, except dwellings located thereon, as follows:
    1. During daylight:
      1. When in pursuit of any animal which the poundmaster has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.
      2. To impound or place in isolation any animal thereon which the poundmaster has any cause whatsoever to believe or suspect has rabies or is a biting animal.
      3. To inspect or examine animals isolated thereon pursuant hereto or other applicable law.
      4. To impound an animal pursuant to subsection 8.050.610.B.3.
      5. To seize an animal pursuant to subsection 8.050.610.B.10.
    2. At night:
      1. When in pursuit of any animal which the poundmaster has reasonable or probable cause to believe is subject to impoundment pursuant hereto or other applicable law.
      2. To impound or place in isolation any animal thereon which the poundmaster has any cause whatsoever to believe or suspect has rabies or is a biting animal.
      3. To impound an animal pursuant to subsection 8.050.610.B.3.

        As a condition of the authority set forth in this section, except where time does not permit in an emergency or when in fresh pursuit, before entering upon private property a reasonable effort shall be made to locate the owner or possessor thereof to request permission to enter upon such property and to explain the purpose for such entry.

  2. Inspection of animals. Any person who has an animal in his possession, custody, or control who willfully or maliciously fails or refuses to exhibit such animal or any license therefor for inspection immediately upon demand by the poundmaster or any peace officer is guilty of a misdemeanor.
(Code 1971, § 4454)

Sec. 8.050.550. Peace officers.

For the purpose of enforcing and carrying out the provisions of this chapter the poundmaster and his deputies shall have the authority of peace officers.
(Code 1971, § 4455)

ARTICLE 6. CONTROL OF DOMESTICATED ANIMALS OTHER THAN HOUSEHOLD PETS

Sec. 8.050.610. Animal nuisances.

  1. Any animal, except an animal kept or controlled by a governmental agency, which has committed any one or more of any of the following acts is a public nuisance:
    1. An unprovoked infliction of physical injury upon any person where such person is conducting himself or herself lawfully.
    2. Unprovoked threatening behavior toward any person where such person is conducting himself or herself lawfully which occurs in such circumstances as to cause such person reasonably to fear for his or her physical safety.
    3. The utterance of barks or cries which are so loud, so frequent and continued over so long a period of time as to deprive persons residing in two or more residences in the neighborhood of the comfortable enjoyment of their homes.
    4. An unprovoked infliction of physical injury upon any other animal which occurs off the property of the owner or keeper of the animal inflicting the injury.
    5. The damaging of the real or personal property of some person other than the owner or keeper of the animal which occurs off the property of the owner or keeper of the animal.
    6. The dumping of trash cans or the spreading of trash which occurs off the property of the owner or keeper of the animal.
    7. The chasing of pedestrians, vehicles or ridden horses which occurs off the property of the owner or keeper of the chasing animal.
  2. Such public nuisance may be abated in accordance with the procedures set forth in subsections 1. through 10. below. Such procedures are in addition to any other remedies which may be available under the law.
    1. Complaint. Any person aggrieved by such public nuisance may file a complaint with the poundmaster. Such complaint shall be in writing, shall be signed by and bear the address of the complainant, shall state the place or places where such nuisance exists, shall describe the animal and the conduct which renders it a nuisance, and shall give the name and address of the animal's owner or keeper if known to the complainant.
    2. Notice. Upon receipt of a complaint which alleges a public nuisance, or as soon thereafter as the poundmaster may learn the name and address of the owner or keeper of the animal, the poundmaster shall serve notice of a hearing upon the owner or keeper and upon the complainant. The notice shall be in writing and may be served either by personal delivery of a copy or by depositing a copy in the United States mail, postage prepaid, addressed to the person to be served. The notice shall do the following:
      1. Include a copy of the complaint;
      2. State that a hearing will be held to determine whether the animal described in the complaint is a nuisance within the meaning of subsection A. and, if so, that the nuisance may be abated as provided in subsections A. through B. 10.;
      3. State the time, which shall be not less than 15 calendar days after the date of the notice, and the place of the hearing; and
      4. Include a copy of subsections A. through B. 10.
    3. Impoundment pending hearing. If it appears to the poundmaster from the complaint or other information available to the poundmaster that the animal is being kept or maintained in a manner which poses an imminent threat to the safety of persons or property, the poundmaster may impound the animal immediately and may hold the animal until findings are issued pursuant to section 4456.09, at which time the animal shall be disposed of as provided in article 8 (commencing with section 8.050.810) of this chapter; provided, however, that if thefindings are that the animal is not a nuisance, the owner or keeper may redeem the animal without payment of the impound fees; and provided, further, that if the order is that the animal be destroyed the poundmaster shall hold the animal for an additional 72 hours and then shall destroy it in a humane manner.
    4. Hearing. The hearing shall be public and shall be held before the poundmaster at the time and place noticed or at such other time or place as may be mutually agreed to by the poundmaster, the complainant, and the owner or keeper of the animal. Notwithstanding the foregoing, the poundmaster may continue the hearing to such time and place as may be reasonably necessary for the convenience of witnesses or other parties. Failure of the owner or keeper of the animal to appear at the hearing or any continuance thereof shall constitute a default.
    5. Oaths. The poundmaster shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.
    6. Evidence. Oral evidence need not be taken under oath or affirmation unless either the owner or keeper of the animal or the complainant so requests and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. Complainant, the owner or keeper of the animal, and the poundmaster shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses on any matter relevant to the issues even though such matter was not covered in direct examination, and to impeach any witness regardless of which party first called the witness to testify. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in a civil action. Hearsay evidence shall be admissible for any purpose but shall not be sufficient itself to support a finding unless it would be admissible over objection in a civil action.
    7. Subpoena power. Before the hearing has commenced, the poundmaster shall, at the request of the complainant or the owner or keeper of the animal, issue subpoenas and subpoenas duces tecum for attendance or production of documents at the hearing. Compliance with the provisions of Section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the poundinaster may issue such subpoenas and subpoenas duces tecum as the poundmaster deems proper. Any person duly subpoenaed to appear and testify or to produce any books and papers before the poundmaster who wrongfully neglects or refuses to appear or to testify or to produce such books and papers is guilty of a misdemeanor.
    8. Record. The poundmaster shall record the hearing on a recording device and shall make such recording available to the complainant and to the owner or keeper of the animal upon request. The poundmaster shall provide a copy of the recording or a transcript prepared therefrom to any party who requests it and pays the cost of making such copy of preparing such transcript.
    9. Findings and order. At the conclusion of the hearing, or within a reasonable time thereafter, the poundmaster shall make a written finding that the animal either is or is not a public nuisance as defined in subsection A. Such finding shall be supported by the weight of the evidence presented at the hearing, provided that:
      1. If no evidence is presented, the finding shall be that the animal is not a public nuisance; unless
      2. The owner or keeper of the animal has defaulted by failing to appear, in which case the finding shall be that the animal is a public nuisance.
        If the finding is that the animal is a public nuisance, the poundmaster shall determine what actions, up to and including humane destruction of the animal, are reasonably necessary in order to abate the nuisance and shall make and enter an order that the owner or keeper of the animal take all such actions within such time limits as the order may prescribe. The findings and order shall be final when issued and shall be served promptly on the owner or keeper of the animal either by personal delivery of a copyor by depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper.
    10. Failure to comply with order. Failure of the owner or keeper of the animal to take any action required of the owner or keeper by the order of the poundmaster within the applicable time limit specified in the order is a misdemeanor; provided, however, that humane destruction of the animal within such time limit shall be deemed compliance with the order regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit is a separate offense. The poundmaster may seize and summarily destroy any animal being kept or maintained in violation of such order of the poundmaster.
    (Code 1971, § 4456; Ord. No. 2004-020, § 2, 9-27-04)

Sec. 8.050.620. Destruction of wild dogs.

Any dog which is running at large and which is, by reason of its vicious disposition, dangerous to persons or property may be shot by any peace officer or taken up and destroyed in an humane manner by the poundmaster.
(Code 1971, § 4457)

Sec. 8.050.630. Dogs used by police department.

  1. Where a police officer has a right to enter or be present in or at any place, public or private, in the performance of official police duties, any dog, and the handler of any dog, used by the police department in the performance of official duties shall have the right to enter or be present in or at any such place.
  2. It shall be unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department in the performance of its functions or duties or to interfere with or meddle with any such dog which is used or being used by the police department, or any officer or member thereof, in the performance of any of the functions or duties of the police department or of such officer or member.
  3. The provisions of section 8.050.510 shall not and do not apply to dogs which have been trained for official police duties and which are used for said purposes by the police department.
(Code 1971, § 4459)

Sec. 8.050.640. Definitions.

The term "animals," herein referred to, shall include horses, ponies, mules, burros, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, hogs, pigs, and all other domestic or domesticated animals other than household pets.

The term "rabbits, poultry and domestic fowl," herein referred to, shall include rabbits, pigeons, chickens, capons, ducks, geese, turkeys, doves, squabs, and all similar or other domestic or domesticated fowl or birds other than household pets. Provided, however, that sections 8.050.640--8.050.090 are not intended to and does not apply to small birds (canaries, parakeets, doves, racing pigeons and racing homers, parrots, finches, or any other small birds kept for a hobby or a sport), provided that such birds are kept and maintained in a clean and sanitary condition at all times and the keeping of which shall at no time cause or tend to cause a condition injurious or detrimental to the health of any human being or household pet of any kind, and provided further that such birds shall not be kept or maintained within ten feet of any residence other than that of the owner of said small birds, and not less than three feet from any property line of said owner.

The term "household pets," herein referred to, shall include cats, dogs, canaries, parrots, and other kindred birds and animals usually or ordinarily kept as household pets, provided that this ordinance is not intended to and does not supersede articles 2, 3 and 8, of chapter 8.050, division 8, imposing a license tax upon dogs and regulating the running at large, licensing and impounding of dogs, but is intended to and does supplement such other regulatory ordinances as are now in effect covering the subject matter.

These sections 8.050.640--8.050.090 are not intended to and do not apply to the keeping and maintaining of "chinchillas"; provided, however, that no more than 25 chinchillas shall be kept or maintained upon the property of any owner thereof, and that said animals shall be kept and maintained with the same sanitary condition and with the same distance requirements as are herein made applicable to the keeping and maintaining of small birds.
(Code 1971, § 4461)

Sec. 8.050.650. Detriment to public health.

  1. Generally. The council does hereby find and determine that the keeping of rabbits, poultry, domestic fowl and animals, other than household pets, within the city limits of the city, unless properly regulated as to location and sanitary conditions, is detrimental to the public health, safety, comfort and general welfare, and that the public interest requires that the council prescribe regulations for the more efficient control thereof.
  2. Accumulation of harborage material. It shall be unlawful for any person to permit an accumulation of any material that may serve as a harborage for rats, unless such material be elevated not less than 18 inches above ground with a clear intervening space thereunder.
  3. Burning. It shall be unlawful for any person to burn or suffer or permit to be burned, upon any premises owned, occupied or conducted by him, in the city, any bone, feathers, offal, flesh, hide or hair.
  4. Distance requirements. Except as may be permitted under section 8122.1(a)(4) of this Code, it shall be unlawful for any person to keep any animal, rabbits, poultry or domestic fowl, within 35 feet of any residence or dwelling or other building used for the habitation, recreation, congregation or enjoyment of human beings, or any school, hospital or similar institution, or within 35 feet of any public street or sidewalk, in said city.
  5. Burying. It shall be unlawful for any person to bury or inhume the carcass of any animal or the body of any dead rabbit, poultry or domestic fowl, or any portion thereof, in such manner that there is less than one foot of soil covering such carcass or body.
  6. Sanitation. It shall be unlawful for any person to keep or maintain, or suffer or permit to be kept or maintained, any animal, rabbit, poultry or domestic fowl in any yard, stable, coop, hutch, corral, shed, building or poultry house in the city in a foul or unsanitary condition. It shall be unlawful for any person keeping or maintaining animals, rabbits, poultry or domestic fowl within the city to fail, refuse or neglect to cause the manure or droppings therefrom to be regularly removed from the premises where such animals, rabbits, poultry or domestic fowl are being kept or maintained and pending such removal to keep or deposit all such manure or droppings in a flytight box which shall be constructed and maintained in a sanitary condition, satisfactory to health officer of the city as to render the same free from noxious odors.
  7. Duty of health officer. It shall be the duty of the health officer of the city to enter upon any lot, yard, enclosure or other premises for the purpose of inspecting such premises or other place to ascertain if any violation of the provisions of these sections 8.050.640--8.050.090 shall exist or if the health officer has reason to believe any violation of the provisions of these sections shall exist, and whenever any such violation shall be found to exist, in the opinion of the health officer, to notify in writing any person owning or having control of, or acting as agent for, leasing or occupying, such premises, or other place, to correct the conditions which are in violation of these sections, within a reasonable time to be stated in such notice.
(Code 1971, § 4462)

Sec. 8.050.660. Running at large.

It shall be unlawful for any person owning or having control of any animals, rabbits, poultry or domestic fowl, other than household pets, to permit the same to run or go or be at large upon the premises of any other person, without permission so to do, or on the street or public places within the city.
(Code 1971, § 4463)

Sec. 8.050.670. Keeping bees prohibited.

No person shall have, keep, maintain, or have in his possession or under his control any bees in or upon any premises except when kept within a school or laboratory for educational or scientific purposes.
(Code 1971, § 4464)

Sec. 8.050.680. Reclaiming.

Any animal impounded may be reclaimed at any time prior to its disposal by the poundmaster upon payment of impounding and other charges herein fixed. The city shall not, nor shall the poundmaster, be liable to the true owner of any animal for its delivery to one claiming to be the owner thereof or to be acting on his behalf, and the sale of any animal by the poundmaster in conformity with the provisions of these sections 8.050.640--8.050.690 shall vest title thereof in the purchaser.
(Code 1971, § 4465)

Sec. 8.050.690. Keeping poisonous reptiles prohibited.

No person shall have, keep, maintain, or have in his possession or under his control any poisonous reptile upon any premises except when kept within a school or laboratory for educational or scientific purposes.
(Code 1971, § 4466)

ARTICLE 7. WILD ANIMALS

Sec. 8.050.710. Definitions.

Department or department of animal control means animal control department of Ventura County.

Wild animal means an animal or non-poisonous reptile which is wild by nature and not customarily domesticated in Ventura County. This definition does not include birds, small rodents or small, non-poisonous reptiles commonly used for educational or experimental purposes or for pets.
(Code 1971, § 4481)

Sec. 8.050.720. Prohibition.

No person shall have, keep or maintain any wild animal unless adequate provisions are made for its confinement and control to insure the maintenance of public peace, health and safety. (See section 8.050.680 re poisonous reptiles.)
(Code 1971, § 4482)

Sec. 8.050.730. Rules and regulations.

The department of animal control may make rules regulating the size and type of cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the department of animal control or the county health officer to carry out the purpose of this ordinance and to insure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the rules and regulations shall be furnished by the department of animal control upon request. In applying the regulations to a given situation, the department of animal control shall take into consideration the type, nature, disposition and training of the animal involved.
(Code 1971, § 4483)

Sec. 8.050.740. Compliance.

Any person failing to comply with any provision of this article or any rule or regulation of the department of animal control or the county health officer within ten days after notice of such rule or regulation shall be guilty of a misdemeanor.
(Code 1971, § 4484)

Sec. 8.050.750. Escape of animal.

Any person keeping or maintaining a wild animal that escapes from its confinement shall immediately notify the department of animal control of such escape.
(Code 1971, § 4485)

Sec. 8.050.760. Running at large.

Wild animals found running loose may be impounded in accordance with the provisions of section 8.050.660 of this Code; however, neither the city, the county, nor their officers, agents or employees shall be liable for injury or disease to any animal incurred while said animal is being captured, transported or impounded. Wild animals when found to be at large and injuring, damaging or threatening to injure or damage any person or property, will be deemed to be a public nuisance and may be summarily destroyedwithout liability resulting to the city, the county, their officers, agents or employees.

Reclamation by an owner or keeper of any impounded wild animal will be permitted upon the payment to the department of animal control of the actual cost to the department of the capture, impounding and care of such animal.
(Code 1971, § 4486)

ARTICLE 8. ANIMAL POUND

Sec. 8.050.810. Poundmaster.

It shall be the duty of the poundmaster to administer and enforce the provisions of this chapter and the resolutions of the council adopted pursuant hereto.
(Code 1971, § 4421)

Sec. 8.050.820. Disposing of impounded dogs.

The poundmaster shall feed and care for any dog impounded as provided in this chapter until it is disposed of as provided by law. If such dog is not a "diseased or injured dog" as defined in this ordinance and is not suspected of having rabies, the person owning, harboring, or keeping such impounded dog may redeem it at any time within five days after it is taken up by describing it and proving ownership to the satisfaction of the poundmaster, and by paying an impounding fee of $3.00 plus the amount of $0.50 for each day or any portion thereof that the dog was impounded and obtaining, when necessary, the dog license tag required by section 8.050.210. (Provided, however, that an owner, harborer, or keeper may waive the five-day redemption period in writing.)

When the poundmaster knows the name and address of the owner of an impounded dog, the five-day redemption period shall begin when written notice of such impounding is deposited in the mail, postage prepaid, directed to such address. If the impounded dog bears a license tag issued under the provisions of this chapter, such notice shall be mailed to the address shown on the copy of the receipt for such license tag on file in any county office. If any dog impounded as provided in this ordinance is not so redeemed within such five-day redemption period, or if the owner of such dog is unknown to the poundmaster or fails or refuses to comply with any of the requirements for redemption as provided herein, the poundmaster shall dispose of such dog according to the provisions of this Code and the Ventura County Ordinance Code. The poundmaster may, in his discretion, destroy an impounded dog in a humane manner or the poundmaster may, in his discretion, sell such dog for a pet to any person who obtains a license tag asrequired by this ordinance and removes such dog from the pound and agrees in writing to feed it and provide it with a good home, or the poundmaster may sell such dog to a state chartered humane society. When a dog is returned to the pound within ten days of such sale, the buyer or other person returning the dog shall not be given the discretion to determine what disposition shall be made of said dog.

The price to be charged for any dog sold as a pet or to any state chartered humane society shall be $4.00 plus tax for any dog under four months of age and $5.00 plus tax for any dog four months of age or older. The price to be charged for pedigreed or registered dogs shall be $25.00, plus tax.
(Code 1971, § 4422)

Sec. 8.050.830. Diseased or injured dogs.

The poundmaster shall, after impounding any dog, determine whether it is a "diseased or injured dog" as defined herein. A "diseased or injured dog" for the purposes of this section is any dog not suspected of rabies which either is injured and apparently in pain or is apparently suffering from disease. Every diseased or injured dog shall be kept isolated at an animal pound for 72 hours unless, before the expiration of such time, it is redeemed as provided in section 8.050.820 or is accepted for treatment ashereafter provided. A diseased or injured dog that does not bear a license tag issued under the provisions of this chapter may be released into the custody of any licensed veterinarian or member of any chartered society organized for the prevention of cruelty to animals who agrees to provide treatment for such dog at no expense to the city. The city shall not be obligated to provide treatment for such dog nor to procure it on behalf of its owner. The city shall not be liable for the cost of treatment or medical care rendered to any dog accepted for treatment under the provisions of this section. If the owner of any diseased or injured dog taken up and impounded as provided in this chapter is known to the poundmaster, the poundmaster shall, within 72 hours after such taking up, exercise reasonable diligence to give notice of such fact to the owner. Such notice may be given by mail or by leaving written notice at the residence of such owner. If any diseased or injured dog is neither redeemed nor accepted for treatment as provided herein within such 72 hours, the poundmaster shall destroy it in a humane manner.
(Code 1971, § 4423)

Sec. 8.050.840. Temporary animal pound.

The poundmaster is authorized, whenever he deems it necessary, to temporarily impound animals within an enclosure other than the county animal shelter and such an enclosure shall constitute a temporary animal pound. Notice that an enclosure is an animal pound shall be given by placing a sign to that effect on the gate or other entrance thereto.
(Code 1971, § 4424)

Sec. 8.050.850. Livestock running at large.

The poundmaster is authorized, whenever he deems it necessary, to deputize individuals, who are properly equipped, to capture and transport livestock which is running at large in violation of this chapter. Each animal captured or transported pursuant hereto shall be impounded at the risk of the owner and the owner or keeper of such animal is liable for all fees set forth in section 8.050.870.
(Code 1971, § 4425)

Sec. 8.050.860. Disposal of impounded livestock.

Upon the impounding of any livestock, the poundmaster shall notify the owner thereof, if the name of such owner is known to him, of such impounding. If the name of the owner is not known, the poundmaster shall publish a notice once in one or more newspapers published in the county describing the animal, stating that it has been impounded, and if not reclaimed it will be sold to the highest bidder at the time and place therein fixed, not less than ten, nor more than 15, days after the publication of such notice. At such sale, the poundmaster may bid, on behalf of the county, the amount required to reclaim, and if such be the highest bid the poundmaster shall direct the manner of disposal. All livestock impounded may be reclaimed by the owner thereof at any time prior to its disposal by the poundmaster, upon (1) furnishing proof of ownership satisfactory to the poundmaster, and (2) paying the fees set forth in section 8.050.870. The city, the county, or their officers, agents, and employees shall not be liableto any person for delivery of any animal to any person claiming to be the owner thereof, or to be acting on the owner's behalf, and the sale of any animal by the poundmaster in conformity with the provisions of this chapter shall vest title thereof in the purchaser.
(Code 1971, § 4426)

Sec. 8.050.870. Fees for reclaiming livestock.

If any impounded livestock is reclaimed, the poundmaster shall collect whichever of the following fees are applicable before delivering such animal to the owner thereof.

  1. For impounding:
    1. Each hog, sheep, or goat . . . $ 2.50
    2. All other livestock, each . . . 5.00
  2. For maintenance:
    1. Each hog, sheep or goat, per day . . . 1.00
    2. All other livestock, per day per animal . . . 1.50
  3. For capture:
    1. Each hog, sheep, or goat . . . 2.50
    2. All other livestock, each or actual cost, whichever is greater . . . 10.00
  4. For transportation:
    1. Each hog, sheep, or goat, each . . . 2.50
    2. All other livestock, each or actual cost, whichever is greater . . . 10.00
  5. If sale is had:
    1. Actual cost of publication
    2. For preparing notice of sale . . . 2.00
    3. For holding sale . . . 5.00
  6. All other expenses or costs or charges relating to the impounding of the livestock.
      (Code 1971, § 4427)

      Sec. 8.050.880. Liability.

      All animals specified in this chapter which may be impounded shall be kept at the risk of the owner, and neither the city, the county nor their officers, agents or employees shall be liable to the owner for the delivery in good faith of any such animal to a person claiming to be, but not in fact being, entitled to reclaim the same. Neither the city, the county, nor their officers, agents or employees shall be liable for injury or disease to any animal incurred while said animal is being captured, transported, or impounded.
      (Code 1971, § 4428)

      Sec. 8.050.890. Interfering with duties of poundmaster.

      Every person who breaks open a dog pound, animal shelter, temporary pound, or pound vehicle, or who willfully resists, delays, or obstructs the poundmaster in the discharge of, or attempt to discharge, any duty of the poundmaster's office, is guilty of a misdemeanor.
      (Code 1971, § 4429)