Frequently Asked Questions

The ordinance grants legal rights to water bodies, flora, fauna, mountains, and hillsides (“natural communities”) in Ojai to exist, flourish, and regenerate free from harm. It provides legal protections against harm from water pollution and soil contamination that threaten these natural communities.

• Residents' Rights: The ordinance affirms the right of Ojai residents to clean water free from pollution and soil free from excessive phosphorus. The ordinance also recognizes the right of residents to self-governance. 
• Natural Communities' Rights: It recognizes the rights of Ojai water bodies, flora, fauna, mountains, and hillsides to exist, thrive, and regenerate without harm from water pollution and soil pollution due to excessive phosphorus.

The ordinance prohibits the introduction of harmful substances (i.e., liquids, solids, gases) into Ojai’s water bodies that materially impairs the habitability or drinkability the water for plants and animals OR materially impairs the usefulness of water for people. This prohibition does not apply to the natural release of sediment related to the Matilija Dam Ecosystem Restoration Project.

As discussed in more detail below, the ordinance also prohibits selling, applying, and using fertilizers containing phosphorus which can harm water quality, making it unsafe for drinking and use.

These prohibitions protect the rights of residents and natural communities to exist, thrive, and regenerate by ensuring clean water free of pollution.

“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

The ordinance regulates the use of fertilizers containing phosphorus, which can harm both soil health and water quality. The ordinance limits the sale, application, and use of phosphorus-containing fertilizers, particularly on lawns, and enforces immediate cleanup if spilled on hard surfaces to avoid runoff.  Fertilizers with phosphorus can be applied under specific conditions such as low phosphorus levels in the soil or during the first growing season of new turf. Fertilizers containing phosphorus cannot be applied during conditions that could lead to runoff into water bodies.

Phosphorus is an essential nutrient necessary for the growth of plants and animals. Nutrient pollution resulting from excess phosphorus can result in significant harm to natural communities, such as harming water quality, making it unsafe for drinking and recreation, trigger toxic algal blooms, disrupt aquatic ecosystems and biodiversity, increase sedimentation that smothers habitats, and negatively impact soil health and plant growth. 

The proposed ordinance regulates the sale, application and use to fertilizers containing phosphorus on turf, with specified exceptions for soil health, to protect the rights of natural communities to exist, thrive, and regenerate without harm from such pollution and to protect the right of residents to clean water.

Yes. Fertilizers containing phosphorus can be used if a soil test from a test by a certified agronomist, soil scientist, or state-certified soil-testing laboratory shows low phosphorus levels or if the fertilizer is being applied during the establishment of new turf in its first growing season. 

Residents and property owners in Ojai can create and maintain "managed natural landscapes" on their property, which can include native vegetation over eight inches tall, as long as they keep the area free of unwanted plants and noxious weeds.   These landscapes must not pose a health, safety, or fire hazard in the opinion of the City Manager or their designee.

Managed natural landscapes create opportunities for native vegetation and animals to exist, flourish, and thrive. These landscapes enhance biodiversity, reduce the need for harmful inputs like fertilizers, and improve stormwater retention.

Any weeds or grasses growing upon any lot or parcel of land in the City to a greater height than eight inches or that have gone or are about to go to seed are prohibited.

No. The ordinance is not a basis for denying development projects. It focuses on protecting natural communities from water and soil pollution, not limiting development activities.

The ordinance can be enforced by both the City and residents in a court of competent jurisdiction. Legal action can be taken against anyone who violates the rights of natural communities when:

• Water bodies are polluted and it materially impairs the habitability or drinkability the water for plants and animals OR materially impairs the usefulness of water for people; or
• A business or person sells, applies, or uses fertilizers containing phosphorus in violation of the ordinance.

A resident can file a lawsuit in court to protect the rights of nature if they believe the prohibitions in Ojai Municipal Code section 5-16.04 have been violated. A resident can file a lawsuit in the name of the affected natural community.

Damages are measured by the cost of restoring the natural community to its pre-injury state. These funds are paid to the City and used exclusively for the full restoration of the affected natural community.

The ordinance allows the City or a resident enforcing the ordinance to recover all costs of litigation, including, without limitation, expert and attorney's fees

Options for enforcement also include administrative citations and criminal enforcement for the regulations of the ordinance, and nuisance abatement for violation of the managed natural landscape provisions.

Natural communities are granted legal standing to enforce for their rights in the ordinance. By granting legal standing to natural communities, legal action to be taken on their behalf to enforce these rights and seek remedies for violations of the regulations in the ordinance. 

All City boards, commissions, and committees must thoughtfully consider the principles and rights outlined in this chapter when making policy recommendations for consideration by the City Council. City officials and City staff must thoughtfully consider the principles and rights outlined in this chapter when drafting and adopting City policies.

City officials, commissioners and staff can thoughtfully consider the principles and rights of nature in Ojai by considering the right of natural communities to exist, thrive, and regeneration without harm into the policy development process.