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Section 10-704. -Penalties for violation. <br />Punishment for a violation of this section shall be as follows: <br />(1) Upon a first conviction, by imprisonment in a county jail for a <br />period of not more than six months, or by a fine not exceeding five hundred <br />dollars ($500), or by both imprisonment and a fine. <br />(2) Upon a second conviction, by imprisonment in a county jail for a <br />period of not less than ten (10) days and not more than six months, or by <br />both imprisonment and a fine not exceeding five hundred dollars ($500). <br />Upon a second conviction, however, the person shall not be released on <br />probation, parole, or any other basis until he or she has served not less <br />than ten (10) days. <br />(3) Upon a third or subsequent conviction, by imprisonment in a <br />county jail for a period of not less than ninety (90) days and not more than <br />six months, or by both imprisonment and a fine not exceeding five hundred <br />dollars ($500). Upon a third or subsequent conviction, however, the person <br />shall not be released on probation, parole, or any other basis until he or <br />she has served not less than ninety (90) days. <br />Section 10-705. -Other prosecution authorized. <br />Nothing in this ordinance shall preclude or prohibit prosecution <br />under any other provision of law, which includes but is not limited to <br />prosecution of parole and/or probation violations. <br />Section 10-706. - Severability. <br />If any section, subsection, paragraph, sentence, clause, phrase or <br />portion of this ordinance is for any reason held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, such <br />portion shall be deemed severable and such holding shall not affect the <br />validity of the remaining portions of this ordinance. The City Council of the <br />City of Santa Ana hereby declares that it would have adopted this ordinance <br />and each section, subsection, sentence, clause, phrase or portion thereof <br />irrespective of the fact that any one or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional, and declares that the invalid portions should be severed <br />and the balance of the ordinance be enforced. <br />Section 3. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision <br />of any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana <br />Ordinance No. NS-XXX <br />Page 6 of 9 <br />50A-40