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Case 8:23-cv-00504 Document, 1-2 Filed 03/20/23 Page 17 of 18 Page ID #:65 O_OANo electric fence shall be energized during advertised business hours. ,(11�Electric fences shall be identified by prominent] p jaced warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet all of the following criteria: The warning sins are placed at_each gate and access point, and at intervals along the fence not exceeding thirty (30)feet. (B) The warning signs are adjacent to any other signs relating to chemical radiological, or biological hazards. LQ The warning signs are marked with written warning or a„ commonly recognized. symbol for shock, a written warning or a commonly recognized symbol to warn people with pacemakers, and a written or common recognized symbol about the danger of touching the„fence in wet conditions. Electric fences equipped with monitored alarm systems may„require an alarm use_permit. Accessibility to emergency personnel and first responders must be maintained through the use of a knox box or other access feature as determined by the Orange County Fire Authority and the Santa Ana Police De artment. L 4AThe applicant and property owner shall enter into an agreement holding the City of Santa Ana harmless from all legal actions that may arise due to the operation of the electrified fence. The agreement shall be recorded with the property and shall release the City of Santa Ana from all liability whatsoever. Section 16. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 17. The City Council hereby declares, based on the findings set forth above, the urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section % This ordinance shall become effective immediately upon its adoption. Section 19. If any section, subsection, sentence, clause, 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 validi!Y of the remaining City Council 39 — 16 0092ARg_xxx Page 11 of 12