Article 1 — License Tag

4411 - License tag requirements.

Every person who resides in the unincorporated areas of Ventura County and who owns, harbors, or keeps any dog over the age of four (4) months for thirty (30) days or longer shall obtain a current license and license tag issued under the provisions of this Article. The license tag obtained shall be attached to a substantial collar or harness which shall be worn by the dog at all times except as provided in Section 4411-1. Every person who violates any of the provisions of this Section is guilty of an infraction. An Animal Control Officer, as defined in Section 4493-2, may issue an administrative citation assessing a civil penalty to any person in accordance with, and the person shall be subject to the administrative enforcement provisions set forth in Article 8. Additionally, any dog found without a current license tag or for which there is no current license may be impounded by the Director or any Peace Officer.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4411-1 - Exemption from wearing of license.

The license tag need not be worn by the dog:

(a)

When the dog is within an enclosure sufficient to securely confine the dog to the premises of a county or city animal shelter, animal hospital, licensed dog kennel, an animal rescue entity organized and existing under Internal Revenue Code Section 501(c)(3), or of the person owning, harboring or controlling the dog;

(b)

When the dog is participating in or training for sporting events, field trials, dog shows or herding livestock, provided such dog is not allowed to run at large; or

(c)

When the dog is used by a law enforcement agency to perform official law enforcement duties.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4411-2 - Reserved.

Editor's note— Ord. No. 4587, § 1, adopted Oct. 19, 2021, repealed § 4411-2, which pertained to exemption from a wearing license and derived from Ord. No. 4457, § 1, adopted Dec. 10, 2013.

4412 - 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 Division. Such information shall include the name, sex, breed, age and color of the dog for which the application is made and shall include the address and telephone number of the person owning, harboring, or keeping such dog. The official receiving such information shall record it on the receipt to be given for payment of the license fee. The expiration date of the rabies vaccination shall be recorded on the receipt and shall not extend pass the vaccination expiration date. No license shall be issued to any person under the age of eighteen (18) years.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4412-1 - Additional information for license application for unaltered dog.

In addition to meeting one (1) of the exemptions in Section 4421, the dog license application for a dog that is not spayed or neutered shall contain the information requested by the Division, including the identification number of the implanted animal's identification device, the name and address of the owner and the location at which the dog will be maintained. A dog that is not spayed or neutered that has a valid existing dog license from the Division shall not be subject to Sections 4421 through 4423 until the dog license expires.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4413 - License period.

The license period for any license issued pursuant to this Article shall be the period of time specified on the license application pursuant to which such license is issued. The license period specified on any given license application shall be whatever period the Director may select for that particular license application; provided, however, that such period shall not extend beyond the expiration date of the applicable rabies vaccination. A license shall expire, and such license and corresponding license tag shall cease to be "current," upon the expiration of the applicable license period.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4414 - License fee.

The fee for the license required by this Article shall be as prescribed by resolution of the Board of Supervisors. The fee prescribed for a dog which has been spayed or neutered, as verified by a veterinarian's certificate, shall be not more than fifty (50) percent of the fee for a dog of the same sex which has not been spayed or neutered. In addition, if a letter from a licensed veterinarian certifies that arrangements have been made to spay or neuter the dog within sixty (60) days from the date that the dog reaches the age of four (4) months, and the dog is spayed or neutered within that sixty (60) day period, the owner shall qualify for the lower license fee for a dog that has been spayed or neutered.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4414-1 - Exemption from license fee.

A dog license shall be issued free of charge in the following instances:

(a)

When the license is for a service dog which is any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. An affidavit attesting to the fact that the dog will be used as a service dog shall be given to the official issuing the license;

(b)

When the license is for a dog which has been honorably discharged from the armed services of the United States. Such discharge shall be established by showing the official issuing the license the discharge papers issued for such dog; or

(c)

When the license is for a dog actively used by or retired from service from a governmental agency for law enforcement, search and rescue or fire detection purposes.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021; Ord. No. 4612, § 2, 1-10-2023)

4415 - Due date and penalties.

The information and fee required by this Article are due on the thirtieth (30th) day after the day on which:

(a)

The previous license, if any, expires;

(b)

The dog is acquired by the person owning, harboring or keeping it;

(c)

The dog is brought into unincorporated Ventura County; or

(d)

The dog attains the age of four (4) months; whichever shall last occur.

Any person purchasing a license after the due date shall pay, in addition to the license fee, a late license penalty in an amount equal to one hundred (100) percent of the license fee which would be applicable if the license period were one (1) year, regardless of the actual

license period for which such license is issued. Such penalty shall be in addition to any other penalty or sanction which may be imposed pursuant to this Code for failure to have a license.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4416 - 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 license tag shall be provided to the applicant. Each tag shall be serially numbered and stamped with the words "Ventura County." The Division shall maintain a record of the licenses so issued, which record shall be kept on file in the office of the Division until the expiration of the license period for which such licenses are issued.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4417 - Lost license tag.

If a license tag issued under the provisions of this Article is lost, a duplicate tag may be obtained from the Division upon paying a fee in the amount prescribed by resolution of the Board of Supervisors.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4418 - Transfer of license.

In the event that there is a change in ownership of a dog licensed pursuant hereto during the license period for which such license is issued, the new owner may have the current license transferred to his or her name upon the payment of a transfer fee in the amount prescribed by resolution of the Board of Supervisors. A license for a dog that is not spayed or neutered shall not be transferable.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4419 - License inspectors.

The Division may appoint animal license inspectors for the purpose 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 shall be compensated at the rate established by resolution of the Board of Supervisors for each license issued. Each inspector shall promptly account to the Division for all funds collected pursuant hereto and shall pay over such funds.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4420 - License violations.

The Division may appoint animal license inspectors for the purpose 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 shall be compensated at the rate established by resolution of the Board of Supervisors for each license issued. Each inspector shall promptly account to the Division for all funds collected pursuant hereto and shall pay over such funds.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4421 - Spay/neuter requirements. 4421-1 - Intent.

The intent of the spay/neuter provisions of this Article is to create a culture and common practice of spaying and neutering dogs and cats. Education and voluntary compliance are the preferred methods of achieving spaying and neutering, with enforcement measures as a last resort.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4421-2 - Reserved.

Editor's note— Ord. No. 4587, § 1, adopted Oct. 19, 2021, repealed § 4421-1, which pertained to intent and derived from Ord. No. 4457, § 1, adopted Dec. 10, 2013.

4421-3 - Prohibition against unaltered dog or cat.

Every person who owns a dog or cat over the age of six (6) months that is kept in the unincorporated areas of Ventura County is required to have such dog or cat spayed or neutered unless an exception applies under Section 4421-4. Nothing in this Section shall make veterinarians mandatory reporters of animals that have not been spayed or neutered.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4421-4 - Prohibition against unaltered dog or cat; exceptions.

No person shall own a dog or cat over the age of six (6) months that is kept in the unincorporated areas of Ventura County that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following:

(a)

The dog or cat is a breed approved by and is registered with a domestic or foreign registry recognized by the Division, as indicated on the Division website, whose program and practices are consistent with the humane treatment of animals, and the dog or cat has attained the Championship title or the dog or cat is actively used to exhibit or compete. The dog or cat must have competed in at least one (1) legitimate exhibition or sporting competition hosted by, or under the approval of, the recognized domestic or foreign registry, within the last two (2) years, or is being trained or groomed to exhibit or compete and is too young to have yet competed.

(b)

The dog has earned, or if under three (3) years old, is actively being trained and in the process of earning, an agility, carting, herding, protection, rally, hunting, working, or other title from a registry or association approved by the Division.

(c)

The dog is being, or has been, appropriately trained and is actively used in a manner that meets the definition of a guide, signal or service dog as set forth in Penal Code Section 365.5, subdivisions (d), (e) and (f), or the dog is enrolled in a guide dog program administered by a person licensed under Business and Professions Code Section 7200 et seq.

(d)

The dog is being, or has been, appropriately trained and is actively used by law enforcement agencies, the military, or search and rescue organizations, for law enforcement, military, or search and rescue activities.

(e)

The owner of the dog or cat provides a letter to the Division from a licensed veterinarian certifying that the animal's health would be best served by spaying or neutering after a specified date; or that due to age, poor health, or illness of the animal, it is detrimental to the health of the animal to spay or neuter the animal; or that arrangements have been made to spay or neuter the dog or cat within sixty (60) days after the compliance deadline and the dog or cat is spayed or neutered within that sixty (60) day period. This letter shall include the veterinarian's license number and the date by which the animal may be safely spayed or neutered. The letter shall be updated periodically as necessary in the event the condition of the animal changes.

(f)

The dog or cat has a valid breeding permit issued to the owner by the Division.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4421-5 - Compliance.

It shall be the owner's responsibility to comply with the spay/neuter provisions of this Article, including paying the applicable license fee.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4422 - Implant.

A dog that has not been spayed or neutered shall be implanted with an animal identification device, at the owner's expense, identifying the owner of the animal.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4423 - Reserved. 4424 - Notice of violation and penalties regarding spay/neuter requirements.

Any person owning a cat or dog in violation of Section 4421 shall be given a notice of violation. The notice of violation shall quote pertinent provisions of Section 4421 and provide information regarding low cost spay/neuter services offered in Ventura County. If the person fails to comply with Section 4421 within sixty (60) days of receipt of the notice of violation, an Animal Control Officer, as defined in Section 4493-2, 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, Article 8.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4425 - Breeding permit.

(a)

No person shall cause or allow any dog or cat owned, harbored, or kept within the unincorporated areas of the County to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the Director, giving the animal's lawful holder permission to breed a dog or cat.

(b)

Each breeder's permit shall be valid for one (1) year from the date of issuance and may be renewed annually before its expiration date. Each applicant for such a permit shall pay an annual fee of approved by the Board of Supervisors of the County of Ventura. A separate permit must be obtained for each dog or cat which is allowed to breed. No person is eligible for a breeding permit unless that person can present documentary evidence to the Division from a veterinarian that the parent dogs and/or cats have received all recommended vaccinations and have had proper veterinary care.

(c)

The Division shall administer an animal breeding permit program consistent with the following criteria:

(1)

The owner of the dog or cat shall present documentary evidence that they are currently registered and in good standing with a domestic or foreign breeding registry recognized by the Division, as indicated on the Division website.

(2)

The breeding dog or cat is a breed approved by and is registered with a domestic or foreign registry recognized by the Division, as indicated on the Division website.

(3)

Under no circumstances shall a breeding permit be issued to a person who has been convicted of animal cruelty or neglect.

(4)

The owner of the unaltered female dog or cat shall not allow the whelping of more than one (1) litter in any household within the permit year, unless prior written permission has been obtained from the Director for good cause shown (including, but not limited to, where breeding is required to protect the health of the animal or where the permittee was forced to euthanize a litter of dogs or cats through no fault of the permittee).

(5)

Issuance of a breeding permit shall be conditioned upon the animal owner's consent to such inspections, as may be required, by the Division to verify that a breeding permit is not used to whelp more than one (1) litter in any household.

(6)

No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight (8) weeks, and has been immunized against common diseases according to current veterinary practice in Ventura County; and the sale or adoption of the dog or cat shall include a statement signed by the seller or person providing the offspring for adoption attesting to the signatory's knowledge of the animal's health and the animal's immunization history.

(7)

Any holder of a breeding permit in the unincorporated areas of the County who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the permit number in any such advertisement. Further, the breeding permit holder must provide the permit number to any person who purchases, adopts or receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document.

(8)

Any holder of a breeding permit in the unincorporated areas of the County who sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall submit to the Division the name, address, and telephone number of the animal's new owner within five (5) days from the sale or other transfer, on a form approved by the Division.

(9)

Any holder of a breeding permit in the unincorporated areas of the County which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner information in order to comply with County of Ventura licensing requirements.

(d)

The following animals are exempt from breeding permit requirements:

(1)

Dogs documented as having been appropriately trained by law enforcement agencies, the military or search and rescue organizations for law enforcement, military or search and rescue activities.

(2)

Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5, subdivisions (d), (e) and (f).

(3)

Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying and neutering due to health reasons.

(4)

Dogs and cats under the care of governmental animal control agencies or animal rescue organizations which have demonstrated to the Division that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, if such societies are incorporated under the provisions of the California Corporations Code and the Nonprofit Public Benefit Corporation Law.

(5)

Dogs documented as enrolled in a guide dog breeding program administered by a person licensed under Business and Professions Code Section 7200 et seq.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4426 - Notice of violation and penalties regarding breeding permit requirements.

Any person in violation of the breeding permit provisions of Section 4425, shall be given a notice of violation. The notice of violation shall quote pertinent provisions of Section 4425. The person may correct the violation(s) by providing conclusive proof to the Division that the dog(s) or cat(s) have been spayed or neutered, or by obtaining the necessary breeding permit(s) within sixty (60) days from

receipt of the notice of violation. If the person fails to correct the violation(s) within sixty (60) days of receipt of a notice of violation, an Animal Control Officer, as defined in Section 4493-2, 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, Article 8. The civil penalties for failure to comply with the breeding permit provisions of Section 4425 shall be up to five hundred dollars ($500.00) per dog or cat, or such other sum approved by resolution of the Board of Supervisors. Every person who fails to comply with Section 4425 as set forth herein within sixty (60) days of receipt of such notice of violation shall also be guilty of an infraction.

8. The civil penalties for failure to comply with the breeding permit provisions of Section 4425 shall be up to five hundred dollars ($500.00) per dog or cat, or such other sum approved by resolution of the Board of Supervisors. Every person who fails to comply with Section 4425 as set forth herein within sixty (60) days of receipt of such notice of violation shall also be guilty of an infraction.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4427 - Revocation of breeding permit.

The Division may revoke any breeding permit issued upon finding that the permit holder has violated its terms and conditions. Such a finding shall be made only after a noticed hearing conducted by the Director, or his or her designee.

(a)

The hearing officer shall be a neutral and impartial person who has not previously inspected the premises of the breeding permit holder.

(b)

The hearing shall be public and held at the time and place noticed or at such other time or place agreed to by the Director or his or her designee and the permit holder. Notwithstanding the foregoing, the Director or his or her designee may continue the hearing to such time and place as may be reasonably necessary for the convenience of the witnesses or other parties. Failure of the permit holder to appear at the hearing or any continuance thereof shall constitute a default.

(c)

The Director or his or her designee shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

(d)

Oral evidence need not be taken under oath or affirmation unless either the permit holder or the hearing officer so requires and it appears that the witness has a motive for being untruthful. Testimony may be given in an informal narrative style. The permit holder, the testifying Animal Control Officer, and the Director or his or her designee 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 on 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 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.

(e)

Before the hearing has commenced, the Director or his or her designee shall, at the request of the permit holder, 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 Director or his or her designee may issue such subpoenas and subpoenas duces tecum as he or she deems proper. Any person duly subpoenaed to appear and testify or to produce any documents and who wrongfully neglects or refuses to appear or testify or to produce such documents is guilty of a misdemeanor.

(f)

If the hearing officer finds that a violation has occurred, the hearing officer will issue written findings and an order, revoking the applicable breeding permit(s). The permit holder shall have the right to 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 ninety (90) days of the date notice of the decision is served upon the permit holder.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)

4428 - Sale of commercially bred dogs, cats and rabbits in pet stores-prohibition.

(a)

It shall be unlawful for any person to sell any dog, cat or rabbit in any pet store, retail business or other commercial establishment located in the unincorporated areas of the County, unless the dog, cat or rabbit was obtained from an animal shelter or a humane society located in the County of Ventura or a non-profit rescue and humane organization registered with the Division. For purposes of this Section, a rescue and humane organization is defined as a California non-profit public benefit corporation exempt from taxation under Internal Revenue Code Section 501(c)(3) that participates in the early spay/neuter of animals, complies with state and local laws regarding the humane treatment of animals, and whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats and/or rabbits.

(b)

Any person selling a dog, cat or rabbit in violation of Section 4428 shall be given a notice of violation which shall quote pertinent provisions of Section 4428. If the person fails to comply with Section 4428 by ceasing to sell animals in violation of Section 4428(a) within sixty (60) days of receipt of the notice of violation, an Animal Control Officer, as defined in Section 4493-2, 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, Article 8. The civil penalty will be assessed according to the schedule of rates and fees approved by resolution of the Board of Supervisors. Every person who violates Section 4428 is guilty of a misdemeanor.

(Ord. No. 4457, § 1, 12-10-2013; Ord. No. 4587, § 1, 10-19-2021)