§ 6-1.503. Amendments: Section 4467: Animal Nuisances.

For the purposes of this chapter, Section 4467 of the Ventura County Code is hereby repealed, and new Sections 4467, 4467-1, 4467-2, 4467-3, 4467-4, 4467-5, 4467-6, 4467-7, 4467-8, 4467-9, and 4467-10 are hereby added to Article 5 of Chapter 4 of Division 4 of the Ventura County Code to read as follows:

  Sec. 4467. Animal Nuisances. 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:

 (a) An unprovoked infliction of physical injury upon any person where such person is conducting himself or herself lawfully;

 (b) 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;

 (c) The utterance of barks or cries which are so loud, so frequent, and continued over so long a period of time so as to deprive persons residing in two (2) or more residences in the neighborhood of the comfortable enjoyment of their residence, or deprive a person residing in one residence of the comfortable enjoyment of their residence where 1) due to special physical circumstances such as topography, distance between the adjoining properties, placement of structures, general location of the animal being complained about, or other special physical 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 poundmaster has caused an investigation to be performed and such investigation confirms that sufficient evidence exists to support the special physical circumstances alleged (except for barking dogs, this subsection shall not apply to animals permitted in the animal overlay zone);

 (d) 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;

 (e) 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;

 (f) The dumping of trash cans or the spreading of trash which occurs off the property of the owner or keeper of the animal; or

 (g) The chasing of pedestrians, vehicles, or ridden horses which occurs off the property of the owner or keeper of the chasing animal.

 Such public nuisance may be abated in accordance with the procedures set forth in Sections 4467-1 through 4467-10. Such procedures are in addition to any other remedies which may be available under the law.

  Sec. 4467-1. Complaints. 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.

  Sec. 4467-2. Notices. Upon the 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:

 (a) Include a copy of the complaint;

 (b) State that a hearing will be held to determine whether the animal described in the complaint is a nuisance within the meaning of Section 4467 and, if so, that the nuisance may be abated as provided in Sections 4467-1 through 4467-10;

 (c) State the time, which shall be not less than fifteen (15) calendar days after the notice, and the place of the hearing; and

 (d) Include a copy of Sections 4467 through 4467-10.

  Sec. 4467-3. Impoundment Pending Hearings. If it appears to the Poundmaster from the complaint or other information available to him or her 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 4467-9, at which time the animal shall be disposed of as provided in Article 2 of this chapter; provided, however, if the findings 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, if the order is that the animal be destroyed, the Poundmaster shall hold the animal for an additional seventy-two (72) hours and then shall destroy it in a humane manner.

  Sec. 4467-4. Hearings. 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.

  Sec. 4467-5. Oaths. The Poundmaster shall have the power to administer oaths or affirmations when necessary in conjunction with the hearing.

  Sec. 4467-6. 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. The 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 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 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.

  Sec. 4467-7. Subpoena Powers. 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 of the State shall be a condition precedent to the issuance of a subpoena duces tecum. After the hearing has commenced, the Poundmaster 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 books and papers before the Poundmaster, who wrongfully neglects or refuses to appear or to testify or to produce such books and papers shall be guilty of a misdemeanor.

  Sec. 4467-8. Records. 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 or preparing such transcript.

  Sec. 4467-9. Findings and Orders. 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 Section 4467. Such finding shall be supported by the weight of the evidence presented at the hearing; provided that:

 (a) If no evidence is presented, the finding shall be that the animal is not a public nuisance, unless

 (b) 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 the humane destruction of the animal, are reasonably necessary in order to abate the nuisance and shall make and enter an order that the 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 copy or by depositing a copy in the United States mail, postage prepaid, addressed to the owner or keeper.

  Sec. 4467-10. Failure to Comply with Orders. Failure of the owner or keeper of the animal to take any action required of him or her by the order of the Poundmaster within the applicable time limit specified in the order shall be a misdemeanor and/or infraction; provided, however, that humane destruction of the animal within such time limit shall be deemed compliance with she order, regardless of the abatement action specified in the order. Each day or portion thereof that such noncompliance continues after such time limit shall be a separate offense. The Poundmaster may seize and summarily destroy any animal being kept or maintained in violation of such order of the Poundmaster.

(Ord. 607, eff. June 12, 1985, as amended by § 5, Ord. 968, eff. February 24, 2000, and § 2 (part), Ord. 1110, eff. April 6, 2007, and § 1, Ord. 1148, eff. October 15, 2009)