Chapter 6.04 — ANIMAL CONTROL ORDINANCE

Editor's note— Ord. No. 3029, § 1, adopted Sept. 8, 2015, effective Oct. 1, 2015, repealed the former Ch. 6.04, §§ 6.04.010—6.04.100, and enacted a new chapter as set out herein. The former Ch. 6.04 pertained to similar subject matter and derived from Ord. 2468, § 3(part), adopted in 1989; Ord. 2522, § 1, adopted in 1991; Ord. 2576, § 1, adopted in 1992; Ord. 2602, § 3, adopted in 1993; Ord. 2843, § 1, adopted in 2004; and Ord. 2869, § 23, adopted in 2006.

The ordinance codified in this chapter shall be known as the "Animal Control Ordinance of the City of Whittier" and may be cited as the "Animal Control Ordinance."

(Ord. No. 3029, § 1, 9-8-15)

Title 10 of the Los Angeles County Code of Ordinances, and as it may be amended from time to time, entitled "Animals" is adopted by reference, as the animal control ordinance of the City of Whittier, subject to certain amendments, additions and deletions as hereinafter provided.

(Ord. No. 3029, § 1, 9-8-15)

Copies of Title 10 of the Los Angeles County Code of Ordinances as adopted in Section 6.04.020 have been deposited with the city clerk and shall be at all times maintained by the city clerk for use and examination by the public.

(Ord. No. 3029, § 1, 9-8-15; Ord. No. 3112, § 4, 2-25-20)

Title 10, as adopted in Section 6.04.020, is amended as follows: whenever reference is made to the County of Los Angeles or to the unincorporated areas of the County of Los Angeles, such area shall be deemed to include within its corporate limits the area of the City of Whittier for purposes of fulfilling the requirements of this chapter.

(Ord. No. 3029, § 1, 9-8-15)

A.

Section 10.12.180 [of the Los Angeles County Code of Ordinances] is amended to read as follows:

For the purpose of discharging the duties imposed upon him/her by this Division 1, the director, in order to enforce the penalty provisions hereof to take up and impound any unlicensed or unvaccinated dog, may enter any real property upon which any dog is kept or harbored or upon which he/she has reason to believe any dog is kept or harbored and demand the exhibition by the person owning or having charge or control of any such dog, of the dog, the required rabies vaccination certificate and the license or license tag for such dog for the current year provided for by this Division.

This section does not permit any person to enter any private dwelling without consent or a court order, except where necessary to rescue an animal.

B.

Section 10.20.020 [of the Los Angeles County Code of Ordinances] is amended to read as follows:

Any person keeping or harboring any dog for 15 consecutive days shall be deemed to be the custodian thereof and subject to licensing provisions within the meaning of this Division 1.

C.

Section 10.20.030 [of the Los Angeles County Code of Ordinances] is amended to read as follows:

Every person owning or having custody or control of any dog over the age of four months in the City of Whittier shall obtain an annual license from the director for each dog and shall pay the fee for the licenses including delinquency charges and field enforcement fees as set forth in Sections 10.20.130 and 10.90.010, except that the license fee for a spayed or neutered dog that is not owned by a senior citizen shall be set by City Council resolution. The owner or custodian of an animal found unlicensed by a department employee in the field will be charged a field enforcement fee as set forth in Section 10.90.010.

D.

Section 10.20.038 [of the Los Angeles County Code of Ordinances] is amended to read as follows:

A.

Dogs. Up to three dogs may be kept at any residence without an animal facility license, provided the dogs' owner or custodian licenses each individual dog. For purposes of this section, a service dog licensed under Section 10.20.090 is not counted toward the number of dogs kept or maintained, while such dog is serving a person who is disabled within the meaning of Government Code Sections 12926(i) or 12926(k).

B.

Cats. Up to five cats may be kept at any residence without an animal facility license, provided the cats' owner keeps all cats primarily indoors.

E.

Section 10.20.190 [of the Los Angeles County Code of Ordinances] is amended to read as follows:

A person, shall not harbor or keep, or cause or permit to be harbored or kept, any unlicensed dog in the City of Whittier.

F.

Chapter 10.20, Part 4 "Mandatory Spay and Neuter Program for Dogs" [of the Los Angeles County Code of Ordinances] is excluded from the City's adoption of Title 10 of the Los Angeles County Code of Ordinances.

(Ord. No. 3029, § 1, 9-8-15; Ord. No. 3112, § 2, 2-25-20)

Whenever an apparent conflict or inconsistency exists between any provision of Title 10, as adopted in Section 6.04.020, and any provision of the Whittier Municipal Code, each provision shall be construed so as to supplement the other. In the event that any apparently conflicting or inconsistent provisions may not reasonably be so construed, the provisions of the Whittier Municipal Code shall prevail.

(Ord. No. 3029, § 1, 9-8-15)

The adoption of Title 10 as set forth in Section 6.04.020 shall not be construed for any purpose as creating any entitlement or authorizing any business or use which is prohibited by any provision contained in the Whittier Municipal Code.

(Ord. No. 3029, § 1, 9-8-15)

A.

Any person violating any of the provisions of this chapter is guilty of an infraction, unless another penalty is provided for in Title 10.

B.

The violation of the following sections of Title 10 is a misdemeanor, punishable as set forth in Penal Code Section 19:

(Ord. No. 3029, § 1, 9-8-15; Ord. No. 3120, § 17, 7-28-20)

A violation of any of the provisions of Title 10, as adopted in Section 6.04.020, shall constitute a nuisance and may be abated by the city through civil process by means of a restraining order, preliminary or permanent injunction or any other manner provided by law for the abatement of such nuisances.

(Ord. No. 3029, § 1, 9-8-15)