Article 3 — Animal Shelter

"Owner," as used in this chapter, shall include any person who has the legal right to custody of an animal.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

The Director 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 Section 5-4.304 of this article, and is not suspected of having rabies, the person owning such impounded dog may redeem it at any time within five days after it is taken up by describing it, proving ownership to the satisfaction of the Director, paying all applicable fees, and obtaining, when necessary, the dog license tag provided by this chapter.

When the Director knows the address of the owner of an impounded dog, the five days for redemption shall begin when written notice of such impounding is deposited in the mail, postage prepaid, directed to such address. However, an owner may waive the five day redemption period in writing. If the impounded dog bears a license tag issued pursuant to 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 City office. If any dog impounded as provided in this chapter is not so redeemed within such five days, or if the owner of such dog is unknown to the Director or fails or refuses to comply with any of the requirements of redemption as provided in this chapter, or if the owner has waived the redemption period in writing, the Director shall dispose of such dog according to the provisions of applicable State law. In disposing of an impounded dog, the Director may, in his or her discretion, may adopt such animal to any qualified and approved person who will provide the animal a legal, safe, humane home or may transfer such animal to a municipal shelter, approved tax-exempt rescue organization, humane society or society for the prevention of cruelty to animals, or euthanize the animal in humane manner when a dog is returned to the shelter within 10 days.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

The Director shall not transfer title of any impounded animal to any person, entity, political subdivision, hospital, educational or commercial institution, laboratory, or animal dealer, whether or not such dealer is licensed by the United States Department of Agriculture or any other State or Federal agency, for purposes of medical or biological teaching, research, study, or experimentation of any kind.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 2, Ord. 917, eff. July 8, 2021, and § 4, Ord. 933, eff. September 23, 2022)

• (a) A "diseased or injured animal" shall mean any animal not suspected of rabies which is apparently either diseased, sick, injured, disabled, or infirm.

• (b) Shelter animals. Upon impounding any animal, the Director shall determine whether it is a

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City of Ojai, CA § 5-4.304

OJAI CODE

§ 5-4.307

"diseased or injured animal". If the animal is determined to be diseased or injured, the Director is authorized to procure any necessary emergency medical treatment for such animal and shall, without undue delay, exercise reasonable diligence in locating and notifying the owner of the location and condition of the animal. When reasonable effort fails to locate the owner, or when an owner, after having been located, refuses to accept responsibility for further medical treatment of a diseased or injured animal, the Director may euthanize such animal in a humane manner if it is in severe pain and is not likely to survive.

• (c) Private practice veterinary animals. When a licensed community-based veterinarian determines that a stray or wildlife diseased or injured animal is in severe pain and not likely to survive even though provided medical treatment, it may be humanly euthanized. The veterinarian shall first exercise reasonable diligence to identify and notify the owner that the animal was injured and should be euthanized. If a diseased or injured animal is not euthanized and the owner was not identified, the veterinarian shall notify the Director, and the Director shall dispose of such animal as otherwise provided in this chapter.

• (§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

The Director is authorized, whenever he or she 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 shelter. Notice that a temporary enclosure is an animal shelter shall be given by placing a sign to that effect on the gate or other entrance thereto.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

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 such private property, or upon the streets or public places of the City. The Director is authorized, whenever he or she deems it necessary, to deputize individuals who are properly equipped to capture and transport live-stock which is running at large in violation of the provisions of this chapter. Each animal captured or transported pursuant to the provisions of this chapter shall be impounded at the risk of the owner, and the owner or keeper of such animal shall be liable for all fees for reclaiming such animals provided for in this chapter. Any person who violates any of the provisions of this section is guilty of a misdemeanor/infraction. An Animal Control Officer, as defined in Section 5-4.102, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Chapter 1-6 of the Municipal Code.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

Upon the approval of the County veterinarian, a stallion may be kept, when authorized by land use regulations, in a substantial corral of wood or other construction six feet in height and under conditions to prevent escape and to protect people or other animals. A minimum substantial corral is defined as being constructed of four inch by four inch posts, eight feet on center, anchored 24 inches in cement with two inch by six inch rails set two feet apart. Every person

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.307

§ 5-4.312

who keeps a stallion without such approval or in a corral which does not meet such minimum standards is guilty of an infraction. An Animal Control Officer, as defined in Section 5-4.102, may issue an administrative citation assessing a civil penalty to that person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in, Chapter 1-6 of the Municipal Code.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

Upon the impounding of any livestock, the Director shall notify the owner thereof, if the name of such owner is known to him or her, of such impounding. If the name of the owner is not known, or the owner fails, or refuses to comply with any of the requirements of redemption, or if the owner has waived the redemption period in writing, such animal shall be deemed to be abandoned and the Director shall dispose of such animal as he or she sees fit. Any impounded bovine animal not redeemed by the owner shall be delivered to the Secretary of the California Department of Food and Agriculture pursuant to Food and Agricultural Code Section 17003. All impounded livestock, including bovine animals, may be redeemed by the owner thereof at any time prior to their sale, disposal or delivery to the Director upon:

• (a) Furnishing proof of ownership satisfactory to the Director; and

• (b) Paying the fees required by the provisions of Section 5-4.309 of this article.

The City and its officers, agents, and employees shall not be liable to any person for the delivery of any animal to any person claiming to be the owner thereof, or to be acting on his or her behalf, and the sale of any animal by the Director in conformity with the provisions of this chapter shall vest title thereof in the purchaser.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

If any impounded livestock is reclaimed, the Director shall collect all applicable fees before delivering the animal to its owner.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

All animals specified in this chapter which may be impounded shall be kept at the risk of the owner, and neither the City nor its 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 nor its officers, agents, or employees shall be liable for injury or disease to any animal incurred while such animal is being captured, transported, or impounded.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

Every person who breaks open a dog pound, animal shelter, temporary shelter, or shelter vehicle or who willfully resists, delays, or obstructs the Director in the discharge of, or attempt to discharge, any duty of his or her office shall be guilty of a misdemeanor.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

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City of Ojai, CA § 5-4.312

OJAI CODE

§ 5-4.316

It is unlawful for any person to own, manage, or operate a dog kennel, as defined in Section 5-4.313 of this article, without having a current and valid license therefor issued pursuant to the provisions of this chapter.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by Part 3, Ord. 508, eff. July 24, 1975, and § 4, Ord. 933, eff. September 23, 2022)

As used in this chapter, "dog kennel" shall mean any place or premises where five or more dogs over the age of four months are kept for commercial purposes. For the purposes of this section, "commercial purposes" shall include boarding, grooming, breeding, training, selling, and related purposes.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

The dog kennel license required by this chapter may be obtained by a written application to the Director or Tax Collector. Such application shall be in duplicate and shall state the name and address or location of the kennel, the names of the persons owning, managing, or operating such kennel, the number and approximate ages of the dogs currently kept therein, and the purposes for which they are kept. Such application shall be accompanied by a certificate from the County Health Officer stating that such kennel was inspected and found to be in a sanitary and healthful condition. If applicable, the application shall also include documentary evidence in accordance with Section 5-4.702 showing that any breeding dog(s) being kept at the kennel are in compliance with Section 5-4.702 and have received all recommended vaccinations and have had proper veterinary care. Such application shall also be accompanied by an annual fee of $25. If such application, certificate, and fee are proper, a copy of the application shall be signed and dated by the Director or Tax Collector and issued to the applicant as his or her 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 pursuant to 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 an application, certification, and payment of the fee in the manner provided for the issuance of an original kennel license. (§ 2, Ord. 422, eff. April 23, 1971, as amended by § 3, Ord. 883, eff. March 15, 2018, and § 4, Ord. 933, eff. September 23, 2022)

Any kennel license issued pursuant to the provisions of this chapter may be revoked by the County Health Officer whenever, in his or her 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 a notice of such defective condition is deposited in the mail, postage prepaid, directed to the 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.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.316

§ 5-4.316

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 pursuant to 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.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

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City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.401

§ 5-4.403