Ordinance - 1834ORDINANCE NO. 1834
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING CHAPTER 6 AS IT PERTAINS TO ANIMAL
NUISANCES.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS FOLLOWS:
• SECTION 1. Section 6-27 of the West Covina Municipal Code is hereby
repealed in its entirety and readopted to read as follows:
Section 6-27. Animal Nuisances.
(a) It shall be unlawful and a nuisance for any person owning,
keeping, or having in his/her care or custody any animal or fowl
to knowingly allow, permit or suffer such animal or fowl, by barking
or other noise or sound, to disturb any person's peace and quiet.
"Animal" includes "fowl" where applicable.
(b) A public nuisance shall not mean barking, howling, yelping or
other utterance whenever an animal is in the act of protecting against
or resisting trespassers upon its premises. The burden of proof
of such an act of protection or resistance to trespassers by an animal
is upon the person owning, harboring, controlling, maintaining,
possessing, or having charge of the animal.
(c) It shall be unlawful and a nuisance for any person owning,
keeping, or having in his/her custody any animal to allow, permit
or suffer such animal to molest, attack or otherwise interfere with
the freedom of lawful movement of persons, or to chase vehicles,
or to attack other domestic animals, or to defecate or urinate on
public property or improved private property other than that which
belongs to the animal owner or custodian, or in any other way, create
a nuisance.
SECTION 2. Section 6-28 and 6-29 are hereby added to the West Covina
Municipal Code to read as follows:
Section 6-28. Abatement of Animal Nuisances.
(a) Complaints of violations of Section 6-27 shall be submitted
in writing to the Animal Control Department and shall include the
name, address and telephone number of the complainant(s) as well
as the address (and telephone number if known) of the animal or fowl
owner or custodian and a description of the alleged nuisance.
(b) If the nuisance has not been abated within 14 days of the owner
or custodian's receipt of notice from the Animal Control Department
described in Section 6-28(a). a Petition To Declare An Animal A
Nuisance may be submitted in writing on the form provided by Animal
Control to the Animal Control Department. The petition shall include
the name, address and telephone number of at least two citizens as
well as the name, address (and telephone number if known) of the
animal or fowl owner or custodian and a description of the nuisance.
(c) Upon receipt of a petition, the Animal Control Department shall
inform the owner or custodian of such animal that the petition has
been received and may be presented to the District Attorney or City
Prosecutor to be filed as a criminal complaint pursuant to Section
373(a) of the Penal Code of the State of California.
(d) The Animal Control Department may initiate the procedures set
out here if it has independent knowledge of a violation of Section
6-27.
Ordinance No.
Page Two
Section 6-29. Citation.
(a) Nothing in Section 6-27 shall prevent the Police Department
from taking a complaint and citing the owner of the dog or animal
for a violation of this Section independently or in cooperation with
• the Animal Control Department.
SECTION 3. Section 6.36 (b) of the West Covina Municipal Code is hereby
amended to read as follows:
Code:
(b) The provisions of paragraph (a) of this section shall apply
to assistance dogs (guide, signal, service, or therapy). The license
fee shall be waived upon presentation of proof of service.
SECTION 4. Section 6-30 is hereby included in the West Covina Municipal
Section 6-30. Permitted Number of Household Pets.
The number of permitted animals within residential zones is set out
in Section 26-391 of this code.
SECTION 5. Section 6-31 is hereby added to the West Covina Municipal
Code to read as follows:
Section 6-31. Animals Permitted in Parks
No person having custody of a cat, dog or other domestic animal shall
allow such animal in any public park or public place without the
ability to produce evidence that the animal is currently licensed
as required by any other provision of law and unless such animal
is restrained by a substantial leash not to exceed six (6) feet in
length and is in the charge of a person competent to restrain such
animal. Further, the director may designate areas where animals
are required to be restrained and enclosed in a car, cage or similar
enclosure, except for guide, signal, service, or therapy dogs. The
director may issue permits for group activities wherein dogs or cats
will be under the responsible care of a person while not restrained
by a leash or enclosed in a car, cage or similar enclosure while
participating in the permitted event. Dogs used by the police are
exempted from these provisions.
SECTION 6. The City Clerk shall certify to the adoption of this ordinance
and shall publish the same in the manner prescribed by law.
APPROVED AND ADOPTED THIS 22nd day of January , 19 90
Mayor Robert Bacon
0 ATTEST:
City Clerk Janet Ber
Ordinance No.
Page Three
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify
• that the foregoing Ordinance No. 1834 was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on the 8th day of
January , 19"90. That thereafter, said Ordinance was duly adopted and passed
at a regular meeting of the City Council on the22nd.iay of January 1990,
by the following vote, to wit:
AYES: Councilmember: Tarozzi, McFadden, Manners, Lewis, Bacon
NOES: Councilmember:' None
ABSENT: Councilmember: None
APPROVED AS TO FORM:
0
City Clerk
- 3 -
CERTIFICATION
I, JANET BERRY, City Clerk Df the City of West .Covina, State of
• Calif
ornia, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
Published and circulated in the City of West Covina.
Janet Berry, City C1 k
City of West Covina, California
DATED: