Article 5 — Animal Control

It shall be unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him or her to be on any public street, alley, lane, park, common area, or place of whatever nature open to and used by the public in the City 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. An Animal Control Officer, as defined in Section 5-4.1021, 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.

It shall be unlawful for any person to suffer or permit any dog owned, harbored, or controlled by him or her to be on any private property in the City without the permission of the person owning or occupying such private property.

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

It shall be unlawful for any person owning or having the possession of any animal to permit it to be at large without reasonable control or to be pastured or kept upon any street or other public place or upon any private property against the wishes of the owner or occupant thereof or in any manner or place to the injury of the owner or occupant of any other property.

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

Any animal found by the Animal Control Department not under control as prescribed in this chapter shall be taken by the Animal Control Department and impounded; provided, however, no such animal staked or tied for the purpose of grazing upon private property, and no fowl at large upon private property, shall be impounded except upon the complaint of the owner or occupant of such property or any other person in charge of such property who claims to be injured thereby. (§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

The Animal Control Department shall make reasonable effort by personal service or phone to give notice of the impoundment to owner or keeper and if unsuccessful, shall mail written notice to the last known address of the owner or keeper advising of the impoundment, the date by which redemption must be made and the fees payable prior to redemption release. Any animal or fowl mentioned in such notice may be disposed of, unless redeemed as provided in this chapter. (§ 2, Ord. 422, eff. April 23, 1971, as amended by § 4, Ord. 933, eff. September 23, 2022)

For the purposes of discharging the duties imposed by this chapter or other applicable laws and to enforce the same, the Director or any peace officer may enter upon private property, except dwellings located thereon, as follows:

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 5-4.505

OJAI CODE

§ 5-4.508

• (a) During daylight:

  • (1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws,

  • (2) To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal,

  • (3) To inspect or examine animals isolated thereon pursuant to the provisions of this chapter or other applicable laws,

  • (4) To impound an animal pursuant to Section 5-4.604 of this article, or

  • (5) To seize an animal pursuant to Section 5-4.604 of this article; and

• (b) At night:

  • (1) When in pursuit of any animal which he or she has reasonable or probable cause to believe is subject to impoundment pursuant to the provisions of this chapter or other applicable laws,

  • (2) To impound or place in isolation any animal thereon which he or she has any cause whatsoever to believe or suspect has rabies or is a biting animal, and

  • (3) To impound an animal pursuant to subsection (c) of Section 5-4.509 of this article.

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 purposes for such entry.

(§ 2, Ord. 422, eff. April 23, 1971, as amended by § 1, Ord. 633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)

In addition to other authority provided by law for making arrests, the Director and his or her deputies are hereby designated as public officers and employees and are authorized to make arrests according to Section 836.5 of the Penal Code of the State for the purpose of enforcing and carrying out the provisions of this chapter. The Director and any deputies he or she may designate are further authorized to carry and use weapons while actually engaged in the performance of their duties.

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

In addition to his or her duties as otherwise provided, each employee of the Animal Control Department is hereby given the power and duty of collecting dog license fees. Persons under the age of 21 years may be appointed to a position within the Animal Control Department for the purpose of performing clerical, stenographic, or kennel duties. All other positions shall be filled by persons over the age of 21 years.

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

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.508

§ 5-4.509

Any animal, except an animal kept or controlled by a governmental agency, which has committed any one or more of the following acts is a public nuisance:

• (a) The utterance of barks or cries which are shown to have occurred either as an episode of continuous noise lasting for a minimum of 10 minutes or repeated episodes of intermittent noise lasting for a minimum period of 30 minutes and deprive persons residing in two or more residences in the neighborhood of the comfortable enjoyment of their homes. or deprive a person residing in one residence of the comfortable enjoyment of their residence if the following conditions are met: (1) due to special physical circumstances such as topography, distance between adjoining properties, placement of structures, general location of the animal being complained about, or other special circumstances that limit the effects of the barks, cries, or sounds as to other residences or the persons in such other residences; and (2) the Director has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances.

• (§ 2, Ord. 422, eff. April 23, 1971, as amended by § 2, Ord. 633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)

Upon receiving complaint(s) regarding a barking dog nuisance described in Section 5-5.508, supported by both (1) a statement under penalty of perjury from the complainant describing the barking nuisance conduct, and (2) audio-visual documentation of the barking nuisance conduct if such barking nuisance conduct has not been directly observed and documented by an animal control officer or peace officer, the Director will review the circumstances presented giving rise to such complaint(s), and if the complaint(s) are found to be factually supported, an Animal Control Officer may issue a citation to the owner or keeper of the barking dog identified in the complaint, assessing a civil penalty to that person in accordance with, and the person shall, if cited, be subject to the City's administrative enforcement provisions. The civil penalty shall be assessed according to the schedule of rates and fees approved by resolution.

• (a) A citee who has been issued a citation assessing a civil penalty for a public nuisance under this section, may request an initial administrative review of the citation within 20 calendar days of its issuance. A citee's request must set forth, with particularity, the reasons the citee believes the violation did not occur or that the citee was not responsible for the violation and must contain a copy of the citation and identify the address to which conclusion of the Director's administrative review should be mailed. The citee must include a deposit, in the amount approved by resolution for the cost of such administrative review.

• (b) Upon receiving a citee's request for administrative review, the Directors' Reviewing Official, who shall be a City employee or contractor who played no role in the investigation or issuance of the citation, shall review the request, citation and other pertinent information, and provide the citee with written notification of one of the following determinations:

  • (1) The citation is vacated because there was no violation, or the citee was not responsible for the violation;

  • (2) The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion. However, if the citee agrees to enter into a written

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 5-4.509

OJAI CODE

§ 5-4.510

• six month compliance agreement with the Director to implement specified measures to eliminate the barking nuisance within 10 days of the Director's notice, the Director will provisionally rescind the citation and associated penalty, so long as the citee abides by the terms of the signed compliance agreement and the Director receives no further complaints during the following six month period from residents in the citee's neighborhood regarding nuisance conduct in violation of this article. The citee will be notified that if the Director finds that a citee has subsequently violated the terms of a compliance agreement because the Director receives further complaints from neighbors regarding a barking nuisance during the following six month period, the citation will no longer be deemed rescinded and the citation amount will be due paid in 10 days. The citee will also be notified that the Director may also issue an additional citation if the Director finds that there has been a violation of an existing compliance agreement and new barking nuisance conduct under this article. The decision to offer a compliance agreement to a dog owner is at the Director's sole discretion. The Director may consider whether there is a history of similar complaints of barking nuisance conduct under this article, involving the same dog.

  • (3) The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion.

• (c) The Reviewing Official will mail a copy of the notification to the citee at the address included in the request for administrative review along with, if applicable, a notice establishing the fine due date and the procedure for requesting an administrative hearing to challenge the citation under Article 8. If the Director vacates a citation upon further administrative review, the Director will refund the full amount deposited by the citee for the administrative review of the citation.

• (d) The Reviewing Official will complete the review within 10 business days of the Director's receipt of the citee's request.

• (e) A citee's request for an initial administrative review is not a mandatory prerequisite to a request for an administrative hearing.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) Any dog whose owner or keeper receives three or more citations for being a public nuisance in violation of this article, will be found by the Director to be an animal nuisance and the owner of such an animal will be ordered by the Director to obtain a nuisance dog license and pay the additional annual license fee established by the Board of Supervisors for an animal nuisance and to follow all findings and orders issued by the Director.

• (b) If no less than two years have passed since Director's latest citation for a barking dog nuisance, under this article, and the citee has no subsequent citation, and the Director has received no subsequent complaints from residents in the citee's neighborhood regarding that dog barking, the citee may submit a written request for the Director to conduct an administrative review regarding whether there is good cause to provisionally rescind a requirement the dog to be licensed as an animal nuisance. If, in response to a citee's request, the Director determines after administrative review that there is good cause to provisionally

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.510

§ 5-4.512

rescind the nuisance animal designation, it will so notify the citee. If the Director thereafter receives two or more complaints from residents in the citee's neighborhood regarding the same dog barking, the Director may, at its sole discretion, and without holding an additional hearing, reverse its provisional rescission of the requirement that the dog be licensed as an animal nuisance.

(§ 4, Ord. 933, eff. September 23, 2022)

• (a) A citee who is issued a citation assessing a civil penalty arising out of any violation of this chapter, may request an initial administrative review of the citation within 20 calendar days of its issuance, rather than proceeding directly to a request for an administrative hearing regarding the citation. This request must be made in writing and served upon the Director at the address set forth in the citation. A citee's request must set forth, with particularity, the reasons the citee believes a violation did not occur, or that the citee was not responsible for the violation, must include a copy of the citation, and must contain the address to which the conclusions of the Director's review should be mailed. A request for an initial administrative review must be accompanied by payment of a fee for administrative review according to the schedule of rates and fees adopted by resolution of the City Council or Board of Supervisors.

• (b) Upon receiving a citee's request for review, the Reviewing Official shall review the request, citation and other pertinent information, and provide the citee with written notification that:

  • (1) The citation is vacated because there was no violation, or the citee was not responsible for the violation (if the citation is vacated, the Director shall provide the citee with a refund of the fee paid for administrative review);

  • (2) The citation will not be vacated because no justification could be found and setting forth the basis for that conclusion.

• (c) The Reviewing Official will mail a copy of the notification to the citee at the address included in the request for initial administrative review along with, if applicable, notice establishing the fine due date and the procedure for requesting an administrative hearing review within 10 business days of receiving citee's request.

• (d) Any citee dissatisfied with the conclusions of an initial administrative review may contest that citation by requesting an administrative hearing. A citee must request an administrative hearing under this chapter, in writing within 20 calendar days after the date the Director served citee with notice of the administrative review decision. Requests must be submitted to the Director's office and must be accompanied by an advance deposit of the fine or a request for a hardship waiver.

• (§ 4, Ord. 933, eff. September 23, 2022)

A citee who is issued a civil penalty for a violation of this chapter, may request an administrative hearing to challenge the basis for the citation within 20 calendar days of its issuance.

Except as may be provided for in this chapter, each request for administrative hearing must be accompanied by an advance deposit in an amount equal to the contested civil penalty, including delinquency fees, and the administrative hearing fee set by resolution of the City Council Board

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

OJAI CODE

§ 5-4.512

§ 5-4.515

of Supervisors or the amount of $1,000, whichever is less. (§ 4, Ord. 933, eff. September 23, 2022)

• (a) A citee who is financially unable to make an advance deposit of the amount required for an administrative hearing deposit may file an application with the Director within 30 days from citation issuance requesting a waiver of the advance deposit. Such application shall be in a form required by the Director, filed with the request for administrative hearing and shall be accompanied by a declaration, signed under penalty of perjury, with any supporting documents required by the Director, demonstrating the citee's financial inability to pay.

• (b) The Director shall review the request for hardship waiver, including the declaration and supporting documents, within 15 days of receiving the request and determine whether to grant or deny the request. Thereafter, the Director shall serve the citee with a notice of its determination by mail at the address provided in the waiver application. The determination of the Director as to such waiver shall be final.

• (c) Should the application be denied, the citee must deposit the required advance deposit with the Director not later than 10 days following the date the notice of denial of the waiver was served upon the citee. Failure to provide the deposit within 10 days shall be deemed a waiver of the citee's right to an administrative hearing and the civil penalty shall be deemed delinquent. The Director shall thereafter serve notice of the penalty amount for the delinquency upon the citee and provide notice to the Hearing Officer.

• (§ 4, Ord. 933, eff. September 23, 2022)

Upon receiving a timely request for an administrative hearing to contest a citation assessing a civil penalty, together with any required deposits, the Director shall set an administrative hearing on a date not less than 15, nor more than 60 days, from the date the hearing is requested. Written notice of the date, time and location of the administrative hearing shall be provided to the citee at least 15 days prior to the hearing date.

(§ 4, Ord. 933, eff. September 23, 2022)

• (a) Issues to be determined at the hearing are limited to whether the violation alleged in the administrative citation actually occurred; and whether the citee was legally responsible for the violation.

• (b) The Hearing Officer shall be appointed by the City Manager or designee.

• (c) The burden of proof will be upon the Director by a preponderance of the evidence. The citation itself shall be considered as prima facie evidence of the facts contained therein. Both the citee and the enforcement officer shall have the opportunity to testify and present additional evidence concerning the alleged violation. Such evidence may include witness testimony, documents, and other evidence. Strict rules of evidence shall not apply, including hearsay. Evidence must be relevant and material to the issues of whether the violation actually occurred and/or whether the citee was responsible for the violation.

• (d) In lieu of personally appearing at the hearing, the citee may request that the hearing officer

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.515

§ 5-4.517

decide the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted.

• (e) If the citee fails to appear at the hearing, without having been granted a waiver of presence by the Hearing Officer, this will be deemed to be a waiver of the right to be personally present. The Hearing Officer shall then determine the matter upon the facts set forth in the citation, and relevant documents or written statements previously submitted, and statements from the enforcement officer during the hearing.

• (f) The enforcement officer who issued the citation may, but is not required to, be present at the hearing, unless the citee serves a subpoena on the enforcement officer to testify at the hearing. In lieu of such attendance the enforcement officer may submit, prior to the hearing, reports, photographs, or other documents to the Director which shall then be forwarded to the Hearing Officer for consideration.

• (g) A copy of the documents submitted by the enforcement officer will also be provided to the citee at the commencement of the hearing.

• (h) The Hearing Officer shall have the authority to continue any hearing and request additional information from the enforcement officer or citee prior to rendering a written decision.

• (§ 4, Ord. 933, eff. September 23, 2022)

• (a) Within 10 days after completion of the hearing, the Hearing Officer shall issue a written decision to uphold or set aside the civil penalty assessed against the citee and shall set forth the reasons for such decision. A copy of the decision shall be provided to the Director.

• (b) The Director shall, after receiving a copy of the Hearing Officer's determination, promptly provide a copy thereof to the citee at the address set forth in his/her request for administrative hearing either by serving the citee personally, or by first class mail, return receipt requested.

• (c) If the decision of the Hearing Officer is to sustain the civil penalty, the Director shall accompany the Hearing Officer's decision with a notice advising the citee that the Director will retain any advance deposit previously paid for the civil penalty amount. If payment was not in the full amount, including a waiver previously granted, full and complete payment will be required within 30 days of the date of the notice.

• (d) The citee shall have the right to file a petition in the Ventura County Superior Court for review of the Hearing Officer's decision as set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6. Such petition must be filed within 90 days of the date notice of the decision is served on the citee.

• (e) If the decision of the Hearing Officer is to set aside and vacate the civil penalty, any advance deposit of the civil penalty shall be refunded to the citee. The Director shall also refund the administrative hearing fee previously paid by the citee. The Director shall provide notice to the citee of the decision and the refund, either by serving the citee personally, or by first class mail, return receipt requested. The Director shall also provide notice of the decision to the enforcement officer.

• (§ 4, Ord. 933, eff. September 23, 2022)

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA § 5-4.517

OJAI CODE

§ 5-4.519

A penalty that is final either by termination of appeal rights or by completion of the appeal process may be collected by any lawfully authorized means, including, but not limited to, filing a civil action to recover the amount of the unpaid penalties.

(§ 4, Ord. 933, eff. September 23, 2022, as amended by § 4, Ord. 933, eff. September 23, 2022)

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 a humane manner by the Director.

(§ 2, Ord. 422, eff. April 23, 1971, as renumbered by § 4, Ord. 633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)

It shall be unlawful for any person who has an animal in his or her possession, custody, or control to fail or refuse to exhibit such animal or any license therefor for inspection upon demand by the Director or any peace officer. An Animal Control Officer, as defined in Section 5-4.1021, 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 Part 3, Ord. 508, eff. July 24, 1975, as renumbered by § 4, Ord. 633, eff. September 12, 1985, and § 4, Ord. 933, eff. September 23, 2022)

1. Editor's note—Former Section 5-4.111, Noisy Animals, added by Ord. No. 422, effective April 23, 1971, as amended by Ord. No. 508, effective July 24, 1975, repealed by Ord. No. 633, effective September 12, 1985, amended and renumbered by Ord. No. 933, effective September 23, 2022.

Downloaded from https://ecode360.com/OJ4979 on 2026-07-07

City of Ojai, CA

SANITATION AND HEALTH

§ 5-4.601

§ 5-4.603