For the purposes of this chapter, certain words and phrases
are defined as follows:
means freedom from forced confinement, extraneous control,
or restricted choice imposed by any person, and entails the ability
to act autonomously without restraint, coercion, or control by any
person.
means all animals under the family Elephantidae.
includes a natural person, a corporation, a partnership,
limited partnership, or other unincorporated association, a general
partner of a partnership or limited partnership, a limited liability
company, a public entity, a trust, or any other corporate form cognizable
under California law.
(§ 2, Ord. 940, eff. October 26, 2023)
(a)
Each
member of the designated species within the City of Ojai, California
has the right to bodily liberty.
(b)
No
person shall prevent any member of the designated species from exercising
their right to bodily liberty.
(§ 2, Ord. 940, eff. October 26, 2023)
No person confining a designated species within the City of Ojai shall be in violation of Section 5-4.1002 if the designated species is being held captive: (a) at a sanctuary accredited by the Global Federation of Animal Sanctuaries; or (b) at a sanctuary that will allow the designated species to exercise their autonomy, will not place the designated species on public display, will not breed or attempt to breed the designated species, and will house the designated species in a setting that closely resembles its natural habitat. These regulations under this chapter shall control for the designated species instead of Article 7 of Chapter 4 of Title 5 of this Code.
(§ 2, Ord. 940, eff. October 26, 2023)
(a)
Peace
officers, code enforcement officers, and other persons designated
by the City Manager shall enforce this chapter. The City Manager may
publish written regulations in the manner required by law for the
publication of ordinances and may take any and all other actions rational
and necessary to enforce this chapter.
(c)
In addition to any other remedies available 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.
(d)
The
remedies specified in this chapter shall be cumulative and the City
may resort to any other remedy available at law or in equity, and
resort to any one remedy shall not cause an election precluding the
use of any other remedy with respect to a violation.
(e)
The
City Attorney may seek injunctive, legal, or other equitable relief
to enforce this chapter.
(§ 2, Ord. 940, eff. October 26, 2023)
