Ordinance - 2305ORDINANCE NO.2305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING
CHAPTER 6 OF THE WEST COVINA MUNICIPAL CODE
AND ADOPTING BY REFERENCE TITLE 10 OF THE LOS
ANGELES COUNTY CODE OF ORDINANCES RELATING
TO ANIMAL CONTROL, AS AMENDED
WHEREAS, the City of West Covina ("City") desires to contract with the Los Angeles
County Department of Animal Care and Control ("County") for the provision of animal control
services; and
WHEREAS, the contract with the County requires that the City agree to enforcement of
Title 10 (Animals) of the Los Angeles County Code of Ordinances ("County Code"), which
requires that the City repeal Chapter 6 (Animals and Fowl) of the West Covina Municipal Code
and adopt by reference Title 10 of the County Code, with certain exceptions; and
WHEREAS, the City desires to adopt Title 10 of the County Code by reference, except for
provisions relating to mandatory spaying and neutering, microchipping, license fees, and the
number of cats and dogs permitted per household.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 (Animals and Fowl) of the West Covina Municipal Code is hereby
repealed in its entirety and replaced as follows:
ARTICLE I. IN GENERAL
Sec. 6-1. —Title.
This ordinance shall be known as the Animal Control Ordinance.
Sec. 6-2. — Definitions.
As used in this chapter,
Title 10 means Title 10 (Animals) of the Los Angeles County Code of Ordinances, as the
same may be amended from time to time.
Sec. 6.3. — Code adopted.
Title 10, and as it may be amended from time to time, is adopted by reference as the City
of West Covina's Animal Control Ordinance, subject to the amendments set forth in this chapter,
and subject to applicable revisions in California law, including but not limited to Health and Safety
Code section 121690.
Sec. 6-4. — Copy available.
The City Clerk shall keep a current version of Title 10 on file and available for use and
examination by the public during normal business hours.
Sec. 6-5. — Amendments.
A. Whenever Title 10 makes reference 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 City of West Covina.
B. Part 4 (Mandatory Spay and Neuter Program for Dogs and Cats) of Title 10 is
excluded from the City's adoption of Title 10 and shall not be enforced within the City.
C. Section 10.90.010 of Title 10 is amended to reflect the City's license fees, as they
may be amended from time to time.
D. Section 10.20.038 (Residential Dogs and Cats —Limitations) is deleted in its
entirety and replaced as follows:
10.20.038 — Residential Dogs and Cats —Limitations.
A. Dogs. It is unlawful to keep more than three (3) dogs at any residence
without an animal facility license. Each dog must be licensed. For purposes of this
section, a service dog licensed under Section 10.20.090 and serving a person who
is disabled within the meaning of California Government Code section 12926
subsection (i) or 0) is not counted toward the number of dogs kept or maintained.
B. Cats. It is unlawful to keep more than four (4) cats at any residence without
an animal facility license. Cat licensing is optional but recommended.
E. Section 10.20.185 (Microchipping) of Title 10 is excluded from the City's adoption
of Title 10 and shall not be enforced within the City.
Sec. 6-6. — Conflicts.
Whenever an apparent conflict or inconsistency exists between any provision of Title 10,
to the extent adopted herein, and any provision of the West Covina 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 West Covina
Municipal Code shall prevail.
Sec. 6-7. — Penalty for violation.
Any person violating any of the provisions of this chapter is guilty of an infraction,
unless another penalty is provided in Title 10.
Sec. 6-8. — Civil remedies available.
A violation of any of the provisions of Title 10, to the extent adopted herein, or this chapter
shall constitute a nuisance and may be abated by the City through civil, criminal, and/or
administrative proceedings by means of a restraining order, preliminary or permanent injunction,
or in any other manner provided by law for the abatement of such nuisances.
SECTION 2. The City Council hereby finds that it can be seen with certainty that there is
no possibility that the adoption and implementation of this ordinance may have a significant effect
on the environment. The ordinance is therefore exempt from the environmental review
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title
14 of the California Code of Regulations.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance, or its application to any person or circumstance, is for any reason held to
be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases of this ordinance, or its application to any other person or circumstances. The City
Council declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
SECTION 4. This ordinance shall take effect thirty (30) days after its final passage, and
within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify to
the passage and adoption of this ordinance and to its approval by the Mayor and City Council and
shall cause the same to be published in a newspaper in the manner required by law.
PASSED, APPROVED AND ADOPTED on this 21St day of February, 2017.
Corey W shaw
Mayo
APPROVED AS TO FORM:
Kimberly Hall Barlow
City Attorney
ATTEST:
ickolas S. Pwi
City Cleik�
I, NICKOLAS S. LEWIS, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 7th day of February, 2017. That therefore said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 2 1 " day of February, 2017
by the following vote:
AYES: Johnson, Spence, Toma, Wu, Warshaw
NOES: None
ABSENT: None
ABSTAIN: None
Nickolas S. L ewis
City Clerk