ANIMAL IMPOUND LAW MAY CHANGE; CITY WANTS TO SHIRK DUTY, ACTIVISTS SAY.

Byline: Patrick McGreevy Daily News Staff Writer

Fearing lawsuits charging poor enforcement, City Attorney James Hahn's office wants to change city law so that the Animal Regulation Department no longer is bound to impound abused or neglected animals on private property.

The department, long the target of controversy, also would no longer have to keep detailed records on all impounded animals, a change that would reduce the city's liability if a pet is put to sleep by mistake.

Changing the rules in the face of threatened lawsuits is a novel approach to liability problems and has caught the eye of animal-rights activists and Councilwoman Laura Chick, who persuaded the Animal Regulation Commission to delay action this week until public hearings are held.

``My concern is that our unclaimed pet population will grow out of control,'' Chick said. ``We already have packs of wild dogs roaming the city.''

Besides liability, Chick said she is concerned that the department might be backing away from a key part of its primary mission because it does not have the staff and money to do its job.

``While I understand the department is trying to cut unnecessary expenses, this is basically a key service that the public has traditionally counted on the Department of Animal Regulation to do,'' she said.

The department's plan to legally sidestep its mandate has outraged animal advocates, who question how government can be held accountable when an agency no longer has to do its job.

``It is disgusting that these people do not want to be held accountable,'' said Lois Newman of the Cat and Dog Rescue Association. ``They are not picking up strays (already). When a citizen calls, they just ignore it.''

Hahn did not return calls for comment. Deputy City Attorney Valentin Dinu said the changes are a direct result of a threatened lawsuit by animal advocates.

``That's what generated the thing to begin with,'' Dinu said. ``It's good legal management to remove legal liabilities for the city. The provisions that are seemingly mandatory leave us open to lawsuits.''

Acting General Manager Sharon Morris said the changes are needed so animal control officers have discretion about setting priorities.

``We're not trying to avoid doing our job,'' she said. ``We're trying to do it in the best way possible.''

If the agency gets a call saying a dog is attacking children and another call that a cat is running loose on private property, current law dictates action on the case where there is no immediate threat to people, Morris said.

``With our limited priorities, and with calls stacking up, we need to be able to decide that we can get to this one first over that one,'' she said.

The Daily News reported Oct. 7 that the agency's former head, Gary Olsen, condoned the biggest illegal cat kennel in Los Angeles for more than a year before officers arrested the owner and seized more than 600 dogs and cats. Olsen ordered his staff to ``take no action,'' citing limited resources.

Newman and Maureen Edwards, members of a group called Citizens for a Humane Los Angeles, filed suit against the city, citing the illegal kennel as an example of the department ignoring its responsibilities.

Superior Court Judge Robert O'Brien dismissed the lawsuit last month, saying it provided ``anecdotal instances of apparent improper conduct by employees'' but did not provide hard evidence. He allowed refiling if evidence is found.

Newman said the suit will be refiled soon.

Hahn is recommending that the city's municipal codes be changed so animal control officers ``may'' - instead of ``shall'' - impound abandoned or neglected animals on private property or when animals are running loose or are improperly tethered on private property.

Morris said the department will go on keeping detailed records on impounded animals, but Dinu noted the city's liability would be reduced if there were errors.

Newman said the change in the record keeping is an attempt to make it harder for animal-rights activists to get information on how the department handles animals.

And eliminating the directive to pick up neglected animals on private property is ``not good,'' Edwards said. ``In my view that's basically what their job is, so they should not be cutting back on it.''

Newman said San Francisco and Sacramento both have ordinances that say officers ``shall'' pick up strays and ``shall'' keep records on all impounds.

Animal Regulation Commission President Steven Afriat said he would be troubled if the changes resulted in less action by officers.

``I would have great reluctance to lessen the requirement that the department impound abused animals,'' he said. ``If that's the meaning of this, I would be concerned.''