Ojai Municipal Code Ch. 17 Rights of Nature Ordinance

This chapter shall be known as the "Rights of Nature Ordinance."

(Ord. 963, eff. 12/12/2024)

For purposes of this chapter, the definitions in this section shall apply. References in this section to particular laws refer to their current versions, including all amendments, extensions, applications, and re-enactments, as well as any subordinate legislation or regulations in force under them.

"Distribute"

has the same meaning as California Food and Agriculture Code Section 14529.

"Fauna"

means animals, birds, fish, reptiles, insects, and soil and air-dwelling and aquatic organisms.

"Fertilizer"

has the same meaning as California Food and Agriculture Code Section 14533.

"Flora"

means aquatic and terrestrial plant life within the City.

"Impervious surface"

means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.

"Managed natural landscape"

means a planned, intentional, and maintained planting of native vegetation. "Managed natural landscapes" do not include turf left unattended for the purpose of returning to a natural state.

"Materially impair"

means to significantly diminish or adversely affect the quality, usability, or ecological integrity of water bodies, including, but not limited to:

(1)

Reducing the water's suitability for human consumption, recreational activities, or other beneficial uses;

(2)

Decreasing the capacity of aquatic environments to support and sustain fauna; or

(3)

Hindering or obstructing the growth, reproduction, or health of flora, resulting in a decline in flora viability or ecosystem function.

"Native vegetation"

means grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens and ornamental plants that are native to, or adapted to, the local environment, not including noxious weeds. Vegetation native to, or adapted to, the Ojai Valley is strongly encouraged.

"Natural communities"

means water bodies, flora, fauna, hillsides, and mountains.

"Noxious weed"

has the meaning given in California Code of Regulations, Title 3, § 4500.

"Ornamental plants"

means grasses, perennials, annuals and groundcovers purposefully planted for aesthetic reasons.

"Person"

means and includes any individual; a receiver; a trustee; a co-partnership; joint adventures; a firm; an unincorporated association; a syndicate; a club; a society; a trust; a private corporation; a public corporation; a municipal corporation, board, commission or department thereof; a county; a state; a national government; a municipal, county, state or federal agency, board or commission; a water district; a school district; a utility district; a political subdivision; and a drainage, sanitation, sewer maintenance, sanitary, irrigation, levee, reclamation, water, conservation or flood control district, whether acting for himself or itself or in any other representative capacity; or any other group or combination acting as a unit, and the plural as well as the singular number.

"Rain garden"

means a native vegetation garden that is designed not only to aesthetically improve properties, but also to reduce the amount of stormwater and accompanying pollutants from entering streams, lakes, and river.

"Turf"

means private or public land, including golf courses and residential property, composed mostly of grasses commonly used in regularly cut lawns or play areas, including, but not limited to, bluegrass, fescue, and ryegrass blends, intended to be maintained at a height of no more than eight inches. "Turf" does not include pasture, land used to grow grass for sod, or any other land used for agricultural production.

"Water bodies"

means any fountain, pond, dam, stream, creek, pool, or any body of water in or adjacent to any City park, or any tributary stream, storm sewer, sanitary sewer or drain flowing into such waters within the jurisdictional boundaries of the City of Ojai.

(Ord. 963, eff. 12/12/2024)

(a) Right to community self-government. All residents of Ojai possess the right to self-governance and to a municipal government which recognizes that all free governments are founded on the people's authority and consent, that all power is inherent in the people, and that corporate entities, and their directors and managers, do not enjoy special privileges or powers under the law that subordinate the community's rights to their private interests. Use of the City of Ojai government by the sovereign people to make law and policy shall not be deemed, by any authority, to eliminate or reduce that self-governing authority.

(b) Rights of the people of Ojai. The people of the City of Ojai possess the right to:

(1) Clean water, which includes the right to healthy water bodies, and the right to be free from activities prohibited by this chapter which violate that right.

(2) Soil that is free from excessive amounts of phosphorus, and the right to be free from activities prohibited by this chapter which violate that right.

(c) Rights of natural communities in Ojai.

(1) Water bodies, possesses the rights to exist, flourish, and regenerate, which shall include the right to naturally recharge, the right to flow, the right to water quality necessary to provide habitat for native flora and fauna, the right to provide clean water, the right to restoration, and the right to be free from activities prohibited by this chapter which violate these rights.

(2) Flora, fauna, hillsides, and mountains in Ojai possess the right to exist, flourish, regenerate, maintain healthy ecosystems, thrive in their natural habitats, to be free from activities prohibited by this chapter that violate these rights, and to be supported by the activities allowed by this chapter.

(d) Rights as self-executing, fundamental, and unalienable. All rights delineated and secured by this chapter are inherent, fundamental, and unalienable; and shall be self-executing and enforceable against both private and public actors.

(Ord. 963, eff. 12/12/2024)

(a) Water pollution prohibited.

(1) In addition to the provisions of Chapter 5-12 of this Code, no person shall throw, discharge, or otherwise deposit or cause or permit to be placed into Ojai water bodies, any substance, matter or thing, liquid, solid or gas which materially impairs:

(A) The usefulness of such water for persons;

(B) The habitability of such water for any fauna which drinks, swims in, or otherwise uses said water; or

(C) The growth of flora.

(2) The provisions of subsection (a)(1) shall not apply to:

(A) A discharge of a permitted agricultural or industrial operation that applies with applicable environmental regulations; or

(B) The discharge is deemed necessary to protect the public health, safety, and welfare and is approved by the appropriate regulatory authority; or

(C) The release of sediment in a water body as a result of the Matilija Dam Ecosystem Restoration Project.

(b) Regulation of the sale, application, and use of fertilizers containing phosphorus.

(1) Prohibitions.

(A) It shall be unlawful for any person to apply to turf within the City any fertilizer, liquid or granular, that is labeled as containing phosphorus or available phosphate.

(B) It shall be unlawful for any person to apply or deposit any fertilizer on an impervious surface. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or any other lawful site, or returned to the original or other appropriate container.

(C) It shall be unlawful for any person to display or distribute for retail sale fertilizer labeled as containing phosphorus or available phosphate. This prohibition shall apply to the fertilizer content of a product that combines fertilizer with a pesticide. Signs may be posted advising customers that fertilizer containing phosphorus or available phosphate is available upon request for uses permitted by subsection (b)(3)(A). A sign containing the regulations set forth in this section and the effects of phosphorus on City water bodies must be prominently displayed where fertilizers are sold.

(2) Time of application. It shall be unlawful for a person to apply fertilizer when conditions exist which promote or create runoff.

(3) Exceptions.

(A) Subsection (b)(1)(B) shall not apply when:

(i) A tissue, soil or other test by a certified agronomist, soil scientist, or state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by a certified agronomist, soil scientist, or State-certified soil-testing laboratory, provided that the proposed fertilizer application shall not contain an amount of phosphorus or available phosphate exceeding the amount and rate of application recommended in the soil test evaluation; or

(ii) The property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures, and only during the first growing season.

(iii) Any person who applies a fertilizer containing phosphorus or available phosphate pursuant to the aforementioned exceptions shall, consistent with the product label instructions, water such fertilizer into the soil where it is immobilized and generally protected from loss by runoff.

(B) Subsection (b)(1)(C) shall not apply when the customer states:

(i) A tissue, soil or other test by a certified agronomist, soil scientist, or state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient support healthy turf growth, as determined by a certified agronomist, soil scientist, or State-certified soil-testing laboratory;

(ii) The property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures, and only during the first growing season.

(Ord. 963, eff. 12/12/2024)

(a) Managed natural landscapes. In addition to the requirements in Chapter 5-12, (Storm Water Quality Management) of this Code, an applicant, an owner, authorized agent, or authorized occupant of any privately owned lands or premises may, in compliance with this subsection and all other applicable laws, statutes, rules and ordinances, install and maintain a managed natural landscape.

(1) Managed natural landscapes may include plants and grasses in excess of eight inches in height and which have gone to seed and must be maintained so as to not include unintended vegetation. Managed natural landscapes may not include any noxious weeds.

(2) Managed natural landscapes may not include any plantings, which due to location and/or manner of growth constitute a hazard to the public; which may cause injury or damage to persons or property; or which constitute health, safety, or fire hazard in the opinion of the City Manager or their designee.

(3) Except as part of a managed natural landscape, any weeds or grasses growing upon any lot or parcel of land in a City to a greater height than eight inches or that have gone or are about to go to seed are prohibited.

(4) Turf left unattended for the purpose of returning to a natural state are prohibited.

(b) (Reserved)

(Ord. 963, eff. 12/12/2024)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council declares that it would have adopted this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

(Ord. 963, eff. 12/12/2024)

City officials and City staff shall thoughtfully consider the principles and rights outlined in this chapter when drafting and adopting City policies.

(Ord. 963, eff. 12/12/2024)

All City boards, commissions, and committees shall thoughtfully consider the principles and rights outlined in this chapter when making policy recommendations for consideration by the City Council.

(Ord. 963, eff. 12/12/2024)

(a) Any person who violates Section 5-17.04 shall be deemed to have infringed upon the rights established in Section 5-17.03. Right established in Section 5-17.03 may only be enforced due to a violation of Section 5-17.04.

(b) The City, or any resident of the City, may enforce the prohibitions in Section 5-17.04 of this chapter to protect the rights of natural communities and Ojai residents established by Section 5-17.03 of this chapter through an action brought in any court possessing jurisdiction over activities occurring within the City. In such an action, the City or the resident shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney's fees.

(c) Any action brought by either a resident of the City or by the City to enforce or defend the prohibitions in Section 5-17.04 of this chapter to protect and defend rights of natural communities secured by Section 5-17.03 of this chapter shall bring that action in the name of a natural community or communities in a court possessing jurisdiction over activities occurring within the City. Damages shall be measured by the cost of restoring a natural community to its state before the injury, and shall be paid to the City to be used exclusively for the full and complete restoration of the natural community.

(d) Residents who bring an action to protect the rights of nature shall be entitled to recover all costs of litigation, including, without limitation, expert and attorney's fees. Should defendants in suit prevail, they may not recover attorneys' fees or costs, unless a reviewing court of competent jurisdiction finds the suit was frivolous and lacked any merit.

(e) In addition to all other legal remedies by law and under this Code, a violation of this chapter is subject to the administrative enforcement provisions of Section 1-2.03 of this Code.

(f) Any person who violates the provisions of Section 5-17.04 shall be guilty of a misdemeanor punishable pursuant to Sections 1-2.02 and 1-2.03 of this Code.

(g) A managed natural landscape operating in violation of Section 5-17.05(a) shall constitute a public nuisance under Chapter 5-6 ("Abatement of Nuisances"), the duly constituted authorities of the City are hereby authorized to immediately commence the proceedings authorized by this Code to cause the abatement, removal, and/or enjoinment of such public nuisance in the manner prescribed by this Code or otherwise prescribed by law, including California Government Code Section 39560 et seq. Such proceedings may include requiring abatement of fire hazards throughout the city, entering upon private property and performing abatement where the private property owner does not abate, and placing a lien on the property to recover costs.

(Ord. 963, eff. 12/12/2024)