Ordinance - 2458URGENCY ORDINANCE NO.2458
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA AMENDING
CHAPTER 6 OF THE CITY OF WEST COVINA
MUNICIPAL CODE
WHEREAS, the City of West Covina ("City") currently contracts with the County of Los
Angeles ("County") for the provision of animal control services; and
WHEREAS, pursuant to the City's contract with the County, the City adopted by reference
Title 10 of the Los Angeles County Code of Ordinances into Chapter 6 (Animals and Fowl) of the
West Covina Municipal Code; and
WHEREAS, the City's contract with the County expires on June 30, 2019; and
WHEREAS, commencing July 1, 2019, the Humane Society of Pomona Valley Inc. dba
Inland Valley Humane Society and S.P.C.A. ("Humane Society") will provide the City's animal
control services; and
WHEREAS, the City desires to amend Chapter 6 to enable the Humane Society to provide
animal control services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6-5 (Amendments) of Chapter 6 (Animals and Fowl) of the West
Covina Municipal Code is hereby amended to add subsections (f), (g), and (h), and (i) as follows:
(f) Section 10.04.050 (Powers of Deputies) is deleted in its entirety and replaced as
follows:
10.04.050 — Designated Officers
A power granted to or a duty imposed upon the Director or other public officer may
be exercised or performed by any officer or employee of the Department designated
by the Director.
(g) Section 10.04.065 (Fees for Services) is deleted in its entirety and replaced as
follows:
10.04.065 — Fees for Services
The fees and costs for animal -related services will be determined annually by the
city, and will be posted in each animal care center and on the Department's website.
(h) Section 10.08.100 (Department) is deleted in its entirety and replaced as follows:
10.08.100 —Department
"Department" means the organization or entity designated by the city council as the
city's animal control enforcement agency.
(i) Section 10.08.110 (Director) is deleted in its entirety and replaced as follows:
"Director" means the director of the city's designated animal control enforcement
agency.
SECTION 2. DESIGNATION OF ANIMAL CONTROL ENFORCEMENT
AGENCY. The City Council hereby designates the Humane Society of Pomona Valley, Inc. dba
Inland Valley Humane Society & S.P.C.A. ("Humane Society"), a nonprofit corporation, as the
City's animal control enforcement agency. As the City's animal control enforcement agency, the
Humane Society is authorized to enforce the provisions of Chapter 6. This authority includes the
authority to issue administrative citations for violations of Chapter 6. Although this authority
granted by this Section 2 is provided in an ordinance, this grant of authority to the Humane
Society may be amended by resolution of the City Council.
SECTION 3. URGENCY FINDING. This Ordinance is declared to be an urgency
measure necessary for the immediate protection of the public health, safety and welfare in order
to assure the continuation of the City's animal control services, and it shall become effective
immediately upon its adoption. The City Council hereby finds that the following circumstances
constitute such urgency: (i) pursuant to the City's contract with Los Angeles County, it adopted
Title 10 of the Los Angeles County Code of Ordinances into Chapter 6 of the West Covina
Municipal Code; (ii) the City's current contract with Los Angeles County will expire on June 30,
2019; (iii) the City's new animal control service provider, the Humane Society, will commence
providing services on July 1, 2019; (iv) certain amendments to Chapter 6 are necessary in order
for the Humane Society to enforce the provisions of Chapter 6; and (v) failure to adopt this
Ordinance could result in the City's inability to enforce Chapter 6 upon the expiration of the City's
contract with Los Angeles County on June 30, 2019.
SECTION 4. ENVIRONMENTAL REVIEW. The Council finds that adoption of this
Ordinance is not a "project" pursuant to California Public Resources Code Section 21065 and
CEQA Guidelines Section 15378(a)(5) because CEQA only applies to "projects" and the definition
of "project" excludes "administrative activities of governments that will not result in direct or
indirect physical change in the environment", and this Ordinance merely amends Municipal Code
provisions relating to animal control.
SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase or portion
of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of all other provisions
of this Ordinance. The City Council of West Covina hereby declares that it would have passed this
Ordinance, and each section, subsection, sentence, clause and phrase or portion thereof,
irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or
phrases or portions thereof be declared invalid or unconstitutional.
SECTION 6. ATTESTATION. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. Although this Ordinance shall become
effective immediately, Sections 1 and 2 of this Ordinance shall not be in effect until July 1, 2019.
PASSED, APPROVED AND ADOPTED this 18' day of June, 2019.
APPROVED AS TO FORM
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Scott E. Porter
City Attorney
i
L oyd Jolfnson
Mayor
ATTEST
t
Carrie Gallagher, CMC
Assistant City Clerk
I, CARRIE GALLAGHER, Assistant City Clerk, of the City of West Covina, am the custodian of the
original records, which are public records over which I maintain custody and control for the City of
West Covina, California. I, do hereby certify the foregoing Ordinance, being Urgency Ordinance No.
2458 as passed by the City Council of the City of West Covina, signed by the Mayor of said Council,
and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the 18s' of
June 2019, and that the same was passed by the following vote, to wit:
AYES: Castellanos, Lopez-Viado, Shewmaker, Wu, Johnson
NOES: None
ABSTAIN: None
ABSENT: None
Came Gallagher, CMC
Assistant City Clerk