THREATENED BIRD SHELTER UNDER CITY, NOT COUNTY, LAW, OFFICIAL SAYS.

Byline: Amy Collins Daily News Staff Writer

A county health law that threatened to close Wild Bird Rescue is not valid in the city of Los Angeles, officials told the city's Board of Animal Regulation on Monday.

In July, the county's Department of Health Services warned Diane Waters, who rehabilitates and cares for wild birds in Silver Lake, that she was violating a code that prohibits anyone from keeping any animal other than a cat, dog, canary or parrot within 35 feet of a residence.

But the county law is superseded by city law, according to a 1990 determination made by the county of Los Angeles, said Robert Pena, a district manager for the city Department of Animal Regulation.

``The city ordinance takes precedence,'' Pena said Monday night, after conferring with city and county attorneys.

Waters was involved in a dispute with her next-door neighbor over her birds, and Councilwoman Jackie Goldberg's office held a meeting with several city and county officials to determine whether Waters was in compliance with all existing laws.

Responding to Goldberg in October, Pena recommended that the Wild Bird Rescue be classified as a veterinary hospital and rehabilitation center. His memo concludes that the rescue operation should move to another location with assistance from the city.

Waters blamed Goldberg for trying to close her down while allowing a gay sex club to continue operating in Goldberg's district, despite complaints from the club's neighbors about traffic and noise.

Waters has been caring for wild birds in Los Angeles for years, accepting all wild birds from three city shelters as well as training their staffers.

In other business Monday night the animal board discussed a proposed ordinance that would ban snakes as pets in the city unless special permits are obtained.

The ordinance would require pet stores to post a notice that permits are required for wild animals and also would order pet shops to provide the city with the names of all people who purchase wild animals.