West Hollywood Municipal Code Ch. 9.48 Animal Control Regulations

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:

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)

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Editor's Note: The amendment to section 9.48.010 of the Animal Control Ordinance are included as an attachment to this title.

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:

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:

"Cat kennel" means any lot, building, structure, enclosure or premises where cats are boarded, kept for sale, or kept for hire.

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.

(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)

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Editor's Note: Former prior code § 3305, pertaining to an amendment to the Los Angeles County Animal Control Ordinance, and containing portions of Ordinance Nos. 222 and 288 was repealed by Ordinance No. 344.

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"

means any stray or feral cat.

"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:

Has been lost or abandoned and the pet guardian is no longer providing or attempting to provide care and lives outdoors; and

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.

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;

ii. The feeding hours;

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)