Title 10, Animals, of the Los Angeles County Code, as amended
and in effect on October 6, 2016, is hereby adopted by reference as
the "Animal Control Ordinance" of the City of West Hollywood.
A copy of the Animal Control Ordinance has been deposited in
the office of the City Clerk and shall be at all times maintained
by the Clerk for use and examination by the public.
(Prior code § 3300; Ord. 85-21, 1985; Ord. 86-125 § 1, 1986; Ord. 87-152 § 1, 1987; Ord. 91-288 § 1, 1991; Ord. 92-344 § 1, 1992; Ord. 93-383 § 1, 1993; Ord. 17-1003 § 1, 2017)
Violations of Los Angeles County Code Sections:
10.20.030
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10.20.038
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10.20.185
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10.20.220
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10.20.230
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10.20.350
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10.28.061
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10.28.100
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10.32.010
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10.40.060
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10.84.010
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are subject to the administrative penalty provisions of Chapter
1.08 of this code. A person who violates any other provision of Title
10 of the Los Angeles County Code is guilty of an infraction, unless another penalty is stated.
(Prior code § 3301; Ord. 85-21, 1985; Ord. 86-125 § 1, 1986; Ord. 87-152 § 1, 1987; Ord. 91-288 § 1, 1991; Ord. 92-344 § 1, 1992; Ord. 93-383 § 1, 1993; Ord. 97-507 §§ 7, 8, 1997; Ord. 99-549 § 1, 1999; Ord. 17-1003 § 2, 2017)
Amendments to Los Angeles County Code Chapter 10.37. Notwithstanding the provisions of Section
9.48.010, the Animal Control Ordinance is amended by amending Los Angeles County Code Sections 10.37.100 and 10.37.110 to read:
10.37.100 - Authority to Seize and Impound Animal Posing an
Immediate Threat to Public Safety.
When probable cause exists to believe that the a dog poses an immediate threat to public safety, an animal control or law enforcement officer may pending an administrative hearing to be held pursuant to Chapter 10.37, Potentially Dangerous and Vicious Dogs, of Division 1 of Title
10 of the Los Angeles County Code:
a.
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Seize and impound the dog. The owner or custodian of the dog
shall be liable for the impound fee and costs if the dog is determined
to be potentially dangerous or vicious. The fees and costs must be
paid before the release of the dog, but no later than 14 days after
the dog is available to be released; or
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b.
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Order containment of the dog. When a person having the care,
custody and control of a dangerous dog receives a notice from any
animal control or law enforcement agency ordering containment of the
dog, that person must keep the dog securely restrained on his or her
premises either by use of a chain attached to the dog's collar or
harness, or within an enclosure sufficiently strong enough to prevent
the dog from escaping. The dog may be required to wear a bright reflective
collar visible at 50 feet in normal daylight, which will be provided
by the department at the owner or custodian's expense. The dog may
be off the owner or custodian's premises only if it is muzzled and
restrained by a substantial leash, not exceeding six feet in length,
and if it is under the control of an adult capable of restraining
and controlling the dog. At no time may the dog be left unattended
while off the owner or custodian's premises.
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10.37.110 - Potentially Dangerous or Vicious Dog Hearing.
A. Hearing.
If an animal control or a law enforcement officer has investigated
and determined that there is probable cause that a dog is potentially
dangerous or vicious, the Director may petition the Superior Court,
within the judicial district where the dog is owned or kept, for a
hearing, or serve a petition for an administrative hearing, to determine
whether the dog should be declared potentially dangerous or vicious.
B. Notice
of Hearing and Petition. Whenever possible, a complaint from a member
of the public that serves as the evidentiary basis for the animal
control officer or law enforcement officer to find probable cause
will be sworn to and verified by the complainant and attached to the
petition. The Director must notify the owner or custodian of the dog
that a hearing in the Superior Court or an administrative hearing
will be held, at which time the owner or custodian may present evidence
as to why the dog should not be declared potentially dangerous or
vicious. The Director will serve the owner or custodian of the dog
with notice of the hearing and a copy of the petition, either personally
or by first class mail. The hearing will be held promptly between
5 and 10 working days after the service of the notice upon the owner
or custodian of the dog. For purposes of this chapter, service is
complete upon deposit of the document(s) in the mail or when the documents
are personally served.
C. Conduct
of Hearing. The hearing will be conducted as an administrative hearing,
or a limited civil case under
Code of Civil Procedure Section 85,
et seq., open to the public. The judicial officer or administrative
hearing officer will admit all relevant evidence, including incident
reports and the affidavits of witnesses. A jury will not be available.
The judicial officer or administrative hearing officer may find, upon
a preponderance of the evidence, that the dog is potentially dangerous
or vicious and will make other orders or findings required or authorized
by this chapter. The judicial officer or administrative hearing officer
may decide all issues for or against the owner or custodian of the
dog even if the owner or custodian fails to appear at the hearing.
The following evidence shall be considered in the determination
of whether a dog is potentially dangerous or vicious and if so, what
remedy should be imposed pursuant to the provisions of this chapter:
1. The
dog's history of violent or threatening behavior;
2. The
nature and extent of injuries inflicted or property destroyed and
the number of victims involved;
3. The
location where the attack, bite or injury occurred;
4. The
existence of any provocation for the attack;
5. The
existence of evidence, including the dog's behavior, that the dog
has been trained for fighting or attack;
6. Whether
the dog exhibits characteristics of aggressive or unpredictable temperament
or behavior in the presence of human beings or other animals;
7. Whether
the dog can be effectively trained or re-trained to change its temperament
or behavior;
8. Evidence
concerning the manner in which the dog is kept, treated and maintained;
or
9. Any
other relevant evidence pertaining to the dog and its propensity for
violence.
D. Administrative
Hearing Officer. The hearing will be conducted by a neutral hearing
officer. The Department may authorize its own employee to conduct
the hearing if the hearing officer is not the same person who signed
the petition or directed the seizure or impoundment of the dog, and
is not junior in rank to that person(s). In the alternative, the Department
may use the services of a hearing officer from outside the Department.
(Prior code § 3303; Ord. 85-85 § 1, 1985; Ord. 85-93 § 1, 1985; Ord. 86-125 § 1, 1986; Ord. 87-158 § 1, 1987; Ord. 91-288 § 1, 1991; Ord. 92-344 § 1, 1992; Ord. 99-549 § 2, 1999; Ord. 02-636 §§ 2-22, 2002; Ord. 17-1003 § 4, 2017)
Notwithstanding the provisions of Section
9.48.010, the Animal Control Ordinance is further amended by amending Los Angeles County Code Sections
10.08.090, 10.20.045,
10.20.130 and 10.90.010.VI.A.4 and adding Section 10.90.010.VI.B.5 to read as follows:
10.08.090 Cat Kennel.
"Cat kennel" means any lot, building, structure, enclosure or
premises where cats are boarded, kept for sale, or kept for hire.
10.20.045 Dog and Cat Breeding – Permit Required –
Fees.
A. Any
person, except for a person possessing a valid kennel license, who
causes the breeding of a dog or cat, shall obtain a breeding permit
from the Director and shall pay the fee for such permit in the amount
set forth in Section 10.90.010. Breeding permits shall be valid for
a term of one year from the date of issuance.
B. Each
permit shall authorize the whelping of no more than one litter per
female dog or cat in any 12 month period and no more than one litter
per domestic household in any 12 month period, or the offering of
a male dog or cat for stud once in any 12 month period.
C. Breeding
permits must be obtained in person at the animal control authority
(or specially designated satellite offices) where the Director shall
keep a register wherein shall be entered the name and address of each
person to whom any breeding permit is issued, the date of issuance
thereof, the date or approximate date the person obtained the dog
or cat, the age or approximate age of the dog or cat, and, if a first-time
breeding permit, the number of past litters produced.
D. The
person applying for the breeding permit shall demonstrate a basic
understanding of humane breeding practices, administered in the form
of a test, designed and administered by the City of West Hollywood
Animal Welfare Task Force. Should the applicant fail to pass the humane
practices breeding test, he or she shall be denied the breeding permit
and may not reapply for such a permit for a minimum period of 30 days.
E. Should
the applicant provide any false information or fail to provide any
required information, the breeding permit shall be denied.
10.20.130 Recordkeeping and Procurement of Tags and Receipts.
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The Director shall procure the number of license receipts needed
each year, and shall keep a register wherein shall be entered the
name and address of each person to whom any dog or cat license is
issued, the number of such license, the date of issuance thereof,
the age or approximate age of the dog or cat, the date of last rabies
vaccination or the date of the vaccination exemption from a licensed
veterinarian for the dog or cat, the date of sterilization or the
date of sterilization exemption, if applicable, from a licensed veterinarian
for the dog or cat, and a description of the dog or cat for which
the license is issued.
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10.90.010 - Licensing Fees Schedule.
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The license fees required to be paid shall be set forth in a
fee schedule established by resolution of the City Council.
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(Prior code § 3304; Ord. 93-383 § 1, 1993; Ord. 17-1003 § 5, 2017)
Any person who sells or transfers or offers to sell or otherwise
transfer a dog or cat within the city shall obtain the name and address
of the transferee and forward such information to the County within
thirty days of the transfer, along with a copy of the appropriate
animal license and/or permit transferred with the dog or cat.
(Prior code § 3305; Ord. 93-383 § 1, 1993)
a. Purpose. This subsection is enacted for the purpose of protecting
the health and welfare of the community cat population of the City
of West Hollywood. It is also the purpose of this subsection to establish
a Trap-Neuter-Return program for community cats that will achieve
increased levels of spay/neuter of cats, generally reduce the rates
of euthanasia of cats in animal shelters, accommodate the maintenance
and improved management of cats in outdoor locations in a manner that
minimizes their impacts to the surrounding community, support members
of the public with an interest in addressing nuisance issues relating
to cats, and facilitate public and community education on cat-related
issues.
b. Definitions.
"Box trap"
shall mean any trap where bait is placed in the rear of the
trap, the animal enters through the front and, on the way to the bait,
steps on a trip plate, triggering the front door to shut behind it.
"Cat"
means a member of the species Felis catus.
"Community cat colony" or "colony"
means two or more community cats residing or being kept,
cared for or harbored together at a single location, including, but
not limited to, a building, lot, or yard.
"Community cat custodian"
means any person or entity that maintains a community cat
colony on property under his/her/its possession or control.
"Custodial services"
shall mean any activity involving the caring for a community
cat colony, individual cats within the colony, or the maintenance
of the grounds for the benefit of the colony.
"Director"
means the Director of Public Works or his/her designee.
"Drop trap"
shall mean any trap where the operator causes a box to be
dropped over an animal, rendering the animal unable to escape.
"Feral cat"
means any cat that is born in or has reverted to the wild,
and is not domesticated or tamed.
"Permittee"
shall mean the person to whom the TNR permit is issued or
any person named on the permit who will provide custodial services
for a community cat colony or will participate in TNR activities.
"Stray cat"
shall mean any cat that:
1.
Has been lost or abandoned and the pet guardian is no longer
providing or attempting to provide care and lives outdoors; and
2.
Exhibits the characteristics of being able to be successfully
domesticated.
"Trap-Neuter-Return" or "TNR"
is the practice whereby community cats are humanely trapped,
taken to a veterinary hospital or spay-neuter facility where they
are sterilized, vaccinated, ear tipped, and adopted or returned to
their colony to be cared for until the end of their natural life.
c. Filing of Complaints. Any person may file a complaint with
the City Manager or designee pertaining to a specific community cat
colony. The complaint shall be in writing and shall set forth sufficient
facts to describe the location of the colony, the identity of the
custodian of the colony and the problems being caused by the colony.
Upon receipt of such a complaint, the City Manager or designee shall
cause an investigation to be made of the allegations in the complaint
and if the complaint is found not to be frivolous, the Manager shall
thereafter schedule a public hearing to accept evidence and consider
what, if any, action should be taken.
Notice of the public hearing shall be mailed to all owners and tenants of property within a radius of five hundred feet of the subject property. The burden of proof shall be on the complainant to demonstrate by substantial evidence that the community cat colony in question constitutes a nuisance within the meaning of Section
1.32.010 of this code. After consideration of the evidence the City Manager may, in his or her discretion, take one of the following actions:
1. Dismiss
the complaint as unsupported by the evidence; or
2. Uphold
the complaint in part or in whole, and either:
i. Order that the subject community cats be removed forthwith from the city, in which event the custodian shall remove the cats from the city forthwith. If the custodian fails to do so, the city may elect to abate the nuisance in accordance with the procedures set forth in Section
1.32.010 of this code, by causing the community cats being harbored on the property to be trapped, and using its best efforts to relocate the cats to a location where they will be provided with appropriate care; or
ii. Order that the community cat colony be maintained in compliance with
specified conditions designed to eradicate the conditions as to which
substantial evidence was produced from the investigation and/or the
hearing. In the latter event, the Manager shall allow the colony to
remain in place only as long as he/she finds that the subject property
is suitable with reference to its size and location for maintaining,
harboring or keeping a community cat colony; the community cat colony
can be maintained on the property without creating a condition detrimental
to the public health, safety or welfare; and the community cat colony
custodian possesses the necessary qualifications to maintain a community
cat colony in compliance with all applicable ordinances, conditions
and laws.
The decision of the City Manager or designee shall be final.
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d. Subsequent Complaints. If a community cat colony subject
to a complaint hearing is permitted to remain in place, no further
complaint will be accepted with regard to that colony, other than
a complaint alleging violation of conditions, if any, imposed on the
community cat custodian, for a period of twelve months following the
final decision.
e. Feeding of Community Cats. The feeding of community cats is prohibited in the City of West Hollywood unless: (1) otherwise permitted pursuant to the Trap-Neuter-Return requirements found in subsections
(f) through
(k) of this section; or (2) as may be authorized under subsection
(c)(2)(ii) above for the maintenance of a colony in compliance with the specified conditions.
f. TNR Permitting.
1. Any
person engaging in TNR or providing custodial services shall first
obtain a TNR permit from or be listed on a TNR permit issued by the
City.
2. A
separate TNR permit shall be required for each community cat colony.
3. The
following information shall be included on all TNR permit applications:
i. Applicant name and contact information;
ii. Name and contact information for any organizations the applicant
has identified to provide sterilization or veterinary services;
iii. The location of the colony or location from which TNR will be conducted;
iv. The approximate number of cats in each colony and, to the extent
known, how many are stray cats or feral cats;
v. A map of all feeding and trapping locations;
vi. The proposed feeding and trapping schedule;
vii. A list of all persons providing custodial services for each colony
or participating in TNR under the permit and the contact information
for each individual; and
viii. Any other information required by the Director.
g. TNR Feeding and Trapping Requirements.
1. The
permittee shall only use humane, properly functioning box traps or
drop traps.
i. The Director of Public Works may authorize other trapping methods
if it is found to be a humane way to trap cats.
ii. Leg-hold traps, darts, and tranquilizers shall not be used.
2. Each
trap shall be labeled with the date the trap was set, the TNR permit
number, and the name and contact information of the person responsible
for it.
3. The
permittee shall only feed and trap community cats as part of the TNR
process on private property.
4. The
permittee shall not leave food unattended for the TNR process for
more than 60 minutes unless the food is kept in a feeding station
that discourages or prevents other animals from accessing the food.
i. Feeding stations shall not be used unless they are located on private
property which is entirely surrounded by a fence, wall, or other barrier
that is at least six feet in height.
5. The
permittee shall promptly remove and properly dispose of any refuse,
trash, or waste created by TNR feeding.
h. TNR Noticing.
1. The
permittee shall provide written notice to surrounding properties within
one hundred fifty feet of the planned TNR location at least ten days
prior to the placement of traps.
2. The
notice shall include:
i. The locations of feeding and trapping devices;
iii. Name and contact information for the TNR permittee; and
iv. A statement that any objection to the TNR shall be submitted in writing
to the Department of Public Works.
i. Return of Community Cats. Any community cat not suitable
for adoption shall be returned to the colony from which they were
trapped as part of the TNR process.
j. Annual Permit Renewal.
1. Permits
may be renewed annually, and requests for renewal shall be submitted
at least thirty days prior to expiration of the existing permit on
forms approved by the city. The permit may not be renewed if the Director
makes any of the following determinations:
i. The permittee has not complied with the TNR requirements of this
chapter;
ii. The permit application does not comply with the TNR permit requirements;
iii. The permit application does not include all of the required information
as set forth in this chapter;
iv. A letter, received by the city, objecting to the location of feeder
and/or trap has been submitted by a resident or property owner whose
property is adjacent to the proposed location of the feeder and/or
trap;
v. The applicant has been previously issued a permit pursuant to this
chapter and has violated the requirements of this chapter; or
vi. The Director of Public Works has reported that the proposed location
of a feeder or trap will interfere with the Public Works' Department
activities.
k. Reporting Requirements.
1. Within
thirty days following each trapping, the permittee shall provide to
the Director the following information in an approved format or on
a form provided by the city:
i. The address of the colony or TNR location from which TNR was conducted;
ii. The approximate number of cats in each colony;
iii. The number of cats trapped at each location;
iv. The breakdown between stray cats and community cats, to the extent
known;
v. The approximate age of each cat trapped;
vi. Any health issues observed by the permittee or veterinarian; and
vii. The number of cats put up for adoption or returned to the colony.
l. Exemptions.
1. Community
cats shall not count towards the limits on the number of cats that
may be kept at a residence pursuant to Section 10.28.038 of the Los
Angeles County Code.
2. Engaging
in TNR in accordance with this section does not make an individual
responsible for an animal under
Penal Code Section 597 because the
community cat is trapped solely for the purpose of neutering or adopting.
3. Community
cats are exempt from the licensing and microchip requirements found
in Title 10 of the Los Angeles County Code.
m. Violation. Violation by a property owner of an order of the city to abate a community cat nuisance pursuant to this section, and/or violation of any condition imposed on a community cat custodian pursuant to this section, and/or a violation of any provision of this section is subject to the administrative penalty provisions of Sections
1.08.030 through
1.08.070 of this code.
(Prior code § 3306; Ord. 93-383 § 1, 1993; Ord. 97-498 § 1, 1997; Ord. 19-1089 § 2, 2019)
The City Manager may designate Animal Control Officers to enforce this chapter, subsection
(g) of Section
9.08.050, and any other animal-related violations of the Municipal Code. Such officers are authorized to issue administrative citations for violations, pursuant to the provisions of Sections
1.08.030 through
1.08.070 of this code.
(Prior code § 3308; Ord. 97-507 § 10, 1997; Ord. 19-1089 § 3, 2019)