* Chapter 1 consisting of Article 1 entitled “General Provisions”, consisting of Sections 6-1.101 through 6-1.120, recodified from Sections 4431 through 4439, 4463 through 4466, 4469 through 4472, 4474 through 4476, and 4478, S.V.M.C., as amended by Ordinance No. 252 C.O., effective August 25, 1976, Article 2 entitled “Dogs”, consisting of Sections 6-1.201 through 6-1.217, recodified from Sections 4411 through 4420, 4432, 4461, 4462, 4468, and 4473, S.V.M.C., as amended by Ordinance Nos. 103, 173, said Ordinance No. 252 C.O., 355, effective June 12, 1978, and 479, effective May 18, 1981, Article 3 entitled “Kennels”, consisting of Sections 6-1.301 through 6-1.305, recodified from Sections 4441 through 4445, S.V.M.C., Article 4 entitled “Rabies Control”, consisting of Sections 6-1.401 through 6-1.408, recodified from Sections 4451 through 4458, S.V.M.C., as amended by said Ordinance No. 252 C.O., and Article 5 entitled “Wild Animals”, consisting of Sections 6-1.501 through 6-1.507, recodified from Sections 4480 through 4485, S.V.M.C., as amended by said Ordinance No. 252 C.O., repealed by Ordinance No. 482, effective August 26, 1981.

Chapter 4 of Division 4, commencing with Section 4411, of the Ventura County Code relating to animals, three (3) copies of which are on file in the office of the City Clerk for public record and inspection, is hereby adopted by reference and made a part of this chapter as though set forth in this chapter in full, subject, however, to the amendments and deletions set forth in Articles 2, 4, 5, 6 and 7 of this chapter. In the event of conflicting provisions, the most restrictive shall prevail.
(§ 2, Ord. 482, eff. August 26, 1981)

Whenever any of the following names or terms are used in Chapter 4 of Division 4 of the Ventura County Code or in this chapter, each such name or term shall be deemed and construed to have the meaning ascribed to it as follows: “County” or “County of Ventura” and “unincorporated area of Ventura County” or “unincorporated area of the County” shall mean “City of Simi Valley,” except as used in Sections 4416 and 4432-1.
(§ 2, Ord. 482, eff. August 26, 1981)

The County officials named or set forth in Chapter 4 of Division 4 of the Ventura County Code shall be deemed to be City officials for the purpose of enforcing the provisions of this chapter.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, subsection (c) is hereby added to Section 4414-1 of the Ventura County Code to read as follows:

(c) When the license is for a dog assigned to the Simi Valley Police Department for general police tactical operations.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4419 of the Ventura County Code is hereby amended to read as follows:

Sec. 4419. License Inspectors. The Ventura County Animal Control Department and the City 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 who canvass from door to door shall be compensated at the rate of fifty (50¢) cents for each license issued. However, no full-time City or County employee shall receive compensation for the collection of dog license fees or penalties.

Each inspector shall promptly account to the County Animal Control Department for all funds collected pursuant to the provisions of this chapter and shall pay over such funds within forty-eight (48) hours after their receipt. Such inspectors shall be paid for their services on or about the fifth (5th) day of each month following the rendition of such services.
(§ 2, Ord. 482, eff. August 26, 1981)

(a) Where a police officer has a right to enter or be present in, at, or upon any place, public or private, in the performance of official police duties, any dog, and the handler of any dog, used by the Police Department in the performance of official duties shall have the right to enter or be present in, at or upon any such place.
(b) It shall be unlawful for any person to willfully torture, tease, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the Police Department in the performance of its functions or duties or to interfere with any such dog which is used or being used by the Police Department, or any officer or member thereof, in the performance of any of the functions or duties of the Police Department or of such officer or member. Violation of this subsection shall be a misdemeanor.
(c) The provisions of Section 6-1.101 of Article 1 of this chapter shall not and do not apply to dogs which have been trained for official police duties and which are used for said purposes by the Police Department.
(§ 1, Ord. 582, eff. September 26, 1984)

For the purposes of this chapter, Section 4431 of the Ventura County Code is hereby amended to read as follows:

Sec. 4431. Poundmaster. It shall be the duty of the Poundmaster to administer and enforce the provisions of this chapter and any rule or regulation adopted pursuant to the provisions of this chapter.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4432 of the Ventura County Code is hereby amended to read as follows:

Sec. 4432. Disposal of Impounded Animals Other than Livestock. The Poundmaster shall feed and care for any animal impounded as provided in this chapter until such animal is disposed of as provided by law. If such animal is a dog which is not a “diseased or injured animal”, as defined in this chapter, and is not being isolated pursuant to Article 4 of this chapter, the person owning such impounded dog may redeem it at any time within seventy-two (72) hours after it is taken up by describing it, proving ownership to the satisfaction of the Poundmaster, paying all applicable fees, and obtaining, when necessary, the dog license required by Section 4411 of this chapter. In computing the seventy-two (72) hours of such redemption period, the twenty-four (24) hours of any calendar day during which the Pound is not open to the public for the purposes of redeeming animals shall not be counted. When the Poundmaster knows the address of the owner of an impounded dog, the seventy-two (72) hours 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 seventy-two (72) hour redemption period in writing. If the impounded dog bears a license tag issued under 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 the County Animal Control office. If any dog impounded as provided in this chapter is not so redeemed within such seventy-two (72) hours, or if the owner of such dog is unknown to the Poundmaster or refuses to comply with any of the requirements of redemption as provided herein, or if the owner has waived the redemption period in writing, such dog shall be deemed to be abandoned, and the Poundmaster shall dispose of such dog according to the provisions of this Code. In disposing of an impounded animal, the Poundmaster, in his discretion, may destroy the animal in a humane manner, or he may sell such animal for a pet to any person who obtains such license as may be required by this chapter and signs a written agreement to feed the animal and provide it with a good home, or the Poundmaster may sell such animal to a State-chartered humane society. When an animal is returned to the Pound within ten (10) days after such sale, the buyer or other person returning the animal shall not be given the discretion to determine what disposition shall be made of the animal. The price to be charged for any animal sold as a pet or to any State-chartered humane society shall be as prescribed by resolution of the Board of Supervisors.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4432-1 of the Ventura County Code is hereby amended to read as follows:

Sec. 4432-1. Deposit of Neutering and Spaying Costs. No dog capable of reproduction shall be sold by the Poundmaster pursuant to Section 4432 of this chapter unless the person purchasing the dog has first signed a written promise to cause the dog to be neutered or spayed on or before a specified deadline and has first deposited with the Poundmaster for application towards the cost of such neutering or spaying the amount of Ten and no/100ths ($10.00) Dollars, in the case of a male dog, or Twenty and no/100ths ($20.00) Dollars, in the case of a female dog. The specified deadline shall be the 180th day after such purchase or the day estimated by the Poundmaster to be the day on which the dog will attain the age of nine (9) months, in the case of a male dog, or seven (7) months, in the case of a female dog, whichever day is later in time. The deposit shall be nonrefundable but may be transferred at any time prior to the specified deadline upon showing satisfactorily to the Poundmaster that the original dog is either dead or too ill to undergo the operation on or before such deadline. Upon the written verification of a licensed veterinarian that the veterinarian has neutered or spayed the dog on or before the deadline, the entire amount of the deposit shall be forwarded to the veterinarian to be applied toward the veterinarian’s fee for such operation or to be disposed of in such other manner as the veterinarian and the person who made the deposit may agree. If no such verification is received by the Poundmaster within thirty (30) days after the deadline, the deposit shall be deemed forfeited and shall revert to the County General Fund. This section shall not be construed to impose any obligation upon either the County, the City, or the Poundmaster to pay any part of the veterinarian’s fee in the event the fee is greater than the amount of the deposit or to refund any part of the deposit in the event the veterinarian’s fee is less than the amount of such deposit.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4435-1 of Article 2 of Chapter 4 of Division 4 of the Ventura County Code is found to be inapplicable to the City and is hereby deleted.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4465 of the Ventura County Code is hereby amended to read as follows:

Sec. 4465. Privileged Entry. For the purpose of discharging the duties imposed by this chapter or other applicable laws and to enforce the same, the Poundmaster or any peace officer may enter upon private property, except dwellings located thereon, as follows:

(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 hereto 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 hereto or other applicable laws;

(4) To impound an animal pursuant to Section 4467-3; and

(5) To seize an animal pursuant to Section 4467-10; 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 hereto 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 Section 4467-3.

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 purpose for such entry.
(§ 2, Ord. 482, eff. August 26, 1981, as amended by § 1, Ord. 607, eff. June 12, 1985)

For the purposes of this chapter, Section 4466 of Article 5 of Chapter 4 of Division 4 of the Ventura County Code is found to be inapplicable to the City and is hereby deleted.
(§ 2, Ord. 482, eff. August 26, 1981)

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 item so as to deprive persons residing in two (2) or more residences in the neighborhood of the comfortable enjoyment of their homes (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 swines 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)

For the purposes of this chapter, subsections (c) and (f) of Section 4472 of the Ventura County Code are hereby amended so read as follows:

Sec. 4472. Definitions.

(c) “Poundmaster” shall mean the Director of the County Animal Control Department and shall include deputy poundmasters. Such term shall also include any person or organization authorized by the City to perform the duties and functions of the Poundmaster provided in Article 1, Sections 4431, 4434-35, and 4439 of Article 2, Sections 4465 and 4467 of Article 5, and Sections 4472 and 4475 of Article 6 of the Ventura County Code and the agents or employees of any such person or organization.

(f) A dog “runs at large” when it is upon private property without the permission of the person owning or occupying the property or when it is upon public property and is not upon a leash.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4475 of the Ventura County Code is hereby amended to read as follows:

Sec. 4475. Enforcement Provisions. In addition to such authority as may be provided by law, the Poundmaster and his deputies and those persons or organizations authorized by the City to perform those duties and functions of the Poundmaster set forth in subsection (c) of Section 4472, and the agents or employees of any such person or organization, 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 Poundmaster and the deputies he may designate are authorized to carry weapons while actually engaged in the performance of their duties. However, such authorization to carry and use weapons shall not extend to any person or organization authorized by the City to perform those duties of the Poundmaster as provided in subsection (c) of Section 4472 of this chapter.
(§ 2, Ord. 482, eff. August 26, 1981)

For the purposes of this chapter, Section 4482 of the Ventura County Code is hereby amended to read as follows:

Sec. 4482. Confinement Regulations. The County Animal Control Department may make rules regulating the size and type of cage or other means of confinement, the distance from the place of confinement to adjoining property, and any other regulations deemed reasonably necessary by the County Animal Control Department or the County Health Officer to carry out the purposes of this article and to ensure the maintenance of humane, sanitary conditions and the safety of persons and property. A copy of the rules and regulations shall be furnished by the County Animal Control Department upon request. In applying the regulations to a given situation, the County Animal Control Department shall take into consideration the type, nature, disposition, and training of the animal involved.
(§ 2, Ord. 482, eff. August 26, 1981)

No person shall intentionally feed crows or ravens anywhere within the City limits of the City of Simi Valley. No owner or person in control of property shall cause or allow the intentionally feeding of crows or ravens on their property or the right-of-way abutting that property. This prohibition shall apply to all birds in the genus Corvus, and “crows” shall mean any species of crow and “raven” shall mean any species of raven. “Feed” shall mean to provide, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting, or enticing crows or ravens.
(§ 1, Ord. 1136, eff. November 13, 2008, as amended by § 1, Ord. 1137, eff. November 13, 2008)