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The Proposed Ordinance to Criminalize Feral Cat Colony Management
Section 1. The City Council finds that it is necessary for the preservation of the
public peace, health and safety that this Ordinance take effect immediately. This Ordinance prohibits the feeding of certain animals on public property, including, but not limited to, stray dogs, and feral and stray cats. This provision was inadvertently removed upon the adoption by reference of the Los Angeles Municipal Code Animal Control provisions. The City Council now finds that the Los Angeles Municipal Code does not adequately address the health and safety issues that arise from the feeding of certain animals. The City Council finds that this Ordinance is necessary for the immediate preservation of the public peace, health and safety because the placement of food on public property and in publicly accessible areas attracts not only domesticated animals, but other animals, including vermin such as insects and rodents, raccoons, and coyotes. The City Council finds that this Ordinance will prevent the proliferation of rodent, and insect populations, thereby reducing the spread of disease. This Ordinance will also prevent the expansion of nondornesticated mammalian predator populations in the City by limiting their access to food. The Council therefore finds that it is necessary that this Ordinance take effect immediately and its urgency is hereby declared because without this ordinance food may continue to be placed in public areas attracting vermin and mammalian predators and thereby compromising public health and safety. This Ordinance shall take effect immediately upon its adoption.
Section 2. Section 53.06.5 of the Los Angeles Municipal Code, as incorporated
by reference in Chapter 2 of Title 5 of the Beverly Hills Municipal Code, is amended to add the following:
"(d) No person shall feed or in any manner provide or place food for any domesticated animal which is not under the ownership or legal possession of such person, including, but not limited to, dogs and cats, on any public property, or on any property open to the public, or on any private property where the providing or placement of such food is in an area not completely enclosed by a secured wall or fence of at least six feet (6') in height.
(e) No person shall feed or in any manner provide or place food for any feral or
stray cat that is not under the ownership or legal possession of such person."
Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this ordinance or the application thereof to any person or place, 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 the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. The City Clerk is directed to forward a certified copy of this ordinance
to the Director of the City of Los Angeles Department of Animal Services.
Section 5. Effective Date. This Ordinance, being an Urgency Ordinance adopted
for the immediate protection of the public safety and health, containing a declaration of the facts
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Mayor of the City of Beverly Hills, California
BYRON POPE
City Clerk
Video About Beverly Hills Colony Manager, Varjian
Believe it or not, the Beverly Hills City Councilmembers are voting on an "emergency motion" to REINSTATE the inhumane ordinance at their next meeting on Tuesday, July 7th at 7 PM, so we have to make a strong showing then. The prosecutor was saying that it was a "mistake" that the cruel ordinance got deleted! The judge was not ready to make a ruling today because she says she just got the paperwork 2 days ago and needed to absorb it more thoroughly. Katherine's daughter, who is an attorney representing her, wanted a ruling today because the city council may reinstate the ordinance. So, if the ordinance will be reinstated, the judge will hear the case and make a ruling on August 7th at 1:30 PM.
If the city council doesn't vote to reinstate it, then the case will be dismissed.
Only once was feeding ferals even brought up (and it was probably a good 35-40 minutes or so of back and forth legal jumbo). No chance was given to mention how Katherine practices TNR [trap/neuter/release] and adopts out any kittens or cats that can be socialized. The city of Beverly Hills should be giving her an award, not arresting her!
Anyone who would like to tell Beverly Hills City Council how they feel about their "emergency meeting" and quest to jail a kind-to-animals senior citizen should attend:
Council Meeting
Tuesday, July 7 , 2009
Beverly Hills City Council, Rm. 400
455 N. Rexford Drive
Beverly Hills, CA 90210
Mayor and City Council: (310) 285-1013
Beverly Hills Neighbor Claims Varjian Is Not Feeding Feral Cats
"First animal rights people sent out e-mails to many claiming that Varjian had been arrested for feeding cats. Now the claim is being made that they are afraid she might have to go to jail. Which is true? Are facts being manipulated to conjure up sympathy and support for Varjian?
Varjian does not live in our neighborhood, but she insists upon littering and leaving cat food in our alleys which draws coyotes, rodents, etc. She also claims that there is a colony of feral cats in our area which is not true. We residents, including animal lovers like myself, have asked Varjian repeatedly to stop her conduct, but she refuses to respect our wishes.
This is not a person who deserves sympathy and support. This is a person who should direct her energy to helping cats in a sensible manner such as by feeding cats who are awaiting adoption. If she would, then she wouldn't have to worry about getting arrested.
Darian Bojeaux
123 Palm Drive
Beverly Hills
Well Darian, do you really believe anyone would believe Mrs. Varjian just goes into your neighborhood to feed invisible or non-existent cats to tick you off or because she is insane? ? Are your values so distorted you have to lie like that?
The City Attorney and the Disposable Homeless Man’s Day in Court. Will things get better under Trutanich?
I went to court today with Jimmy Nasralla who lives in a tent behind Bed and Breakfast in Northridge with 4 cats. A reporter from LA Weekly was there too, Patrick McDonald.
I had received numerous emails from Jim Dellinger, Councilmember Smith Deputy in the
However, we got to court a bit late because Jimmy got the time wrong and there were traffic problems.
When we went in we were greeted by the City Attorney in the case who refused to give his name and said he didn’t have any business cards on him. He was friendly. He took the parcel map, the letter from Mary Cummins and other documents, looked at them and appeared to agree that Jimmy was not on Union Pacific property.
I informed him that Councilmember Smith’s Deputy, Jim Dellinger, had assured me he had been in contact with the City Attorney’s Office about Jimmy’s case (95R02362). However, this City Attorney, who other lawyers called Abraham I believe, said he had heard nothing from Mr. Smith Office or from Mr. Dellinger.
He gave me a number to call, with no name, so that I could give him Mr. Dellinger’s number.
I have phoned Mr. Dellinger twice to find out what has happened, and I left two messages with Mr. Abraham.
I also told the latter that I had sent all the information to Union Pacific as well as the general City Attorney email for Delgadillo, twice, with no response.
The judge had already issued a bench warrant for Jimmy, but that was reversed, and he was re-arraigned and pled not guilty to violation of CA PC 647(j) living on private property without permission.
The trial will be on August 3.
Either Mr. Dellinger never contacted the City Attorney’s Office, or that office is more screwed up than is conceivable. For example:
Jimmy was originally given a ticket by a Union Pacific RR cop in March. It told him the time and date of his appearance which was at the Van Nuys court. He went to court there, and was told that the case had been sent to the
On that date—within walking distance of where Jimmy lives—he appeared I court and went to the court receptionist there and then was told that the venue had again been shifted to the San Fernando Courthouse near Sylmar, 14 miles away THAT SAME DAY.
Jimmy explained he was homeless and had to travel by bicycle or bus and couldn’t possibly make it by the 1:30 deadline she demanded. He asked her to call and help arrange a new date. She refused.
He asked if he could phone them. Again she refused.
She also told him unless he showed up at the
Jimmy stormed out of the court, but a sympathetic Sheriff’s Deputy followed him out, and after leaving the courthouse talked to Jimmy and called the
Jimmy went there about two weeks ago. This is when I first found out about his problem with the courts and began my investigation about Union Pacific’s claim that the County land was theirs.
All this has made it very clear to me that homeless people are not well-treated by the court system. They are bounced around from venue to venue, and even the court appointed attorney he was provided for 5 minutes the first time he went to the San Fernando Courthouse, simple told him to move away, fold his tent and go away.
Will things change under Trutanich? Probably not, but we can hope.
Stay tuned for a long article on this case from Patrick McDonald from the LA Weekly.
Jimmy Goes to Court Today
Jimmy is going to court today accompanied by a reporter from LA Weekly, Patrick McDonald, and me. The local City Attorney visited Jimmy via a passenger ride in a cop car today while the reporter was interviewing Jimmy.