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Home My WebLink AboutNS-1216ORDINANCE NO. NS-1216 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 5-1 AND 5-58 AND ADDING SECTION 5-100 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE KEEPING OF ANIMALS WITHIN THE CITY OF SANTA ANA THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Sections 5-1 and 5-58 of the Santa Ana Municipal Code are amended to read as follows: Sec. 5-1. Definitions. For the purpose of this chapter the following words and phrases shall be construed to have the meanings herein set forth, unless it is apparent from the text that a different meaning is intended: (a) Animal: Includes any mammal poultry, bird, rep- tile, fish, or any other living creature, but shall not be construed to include human beings. (b) Anima'l control man: The employee of the city who charged with the enforcement of the provisions of this chapter and his regularly appointed deputies. is (c) Domesticated animal: Any dog, housecat (felis catus~, livestock, rabbit, or poultry. (d) (e) (f) (g) (h) (i) (j) Dog: Any male, female, or neuter dog over the age of four months. Dog license: The printed or written permission issued by the city manager or his agent authorizing the holder to keep a dog within the city. Estray:Any livestock found running at large upon any land within the city. Kennel, commercial: Any lot, building, structure, establishment, or premises where dogs are maintained, cared for, or kept for the purpose of boarding, room- ing, breeding, training, or other purposes and pur- suits, exclusive of dental, medical, or surgical care, or for quarantine purposes. Livestock: Any swine, sheep, goat, horse, pony, ass, mule, or bovine animal. Owner: Any person having title to any animal, or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises for a period of seven (7) consecutive days. Person: Any person, individual, firm, partnership, corporation, company, society, or association, and every officer, agent, or employee thereof. (k) Premises: A parcel of land. (1) Quarantine: The isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. (m) Running at large: Free of restraint beyond the boundaries of the premises of the owner or custodian. (n) Unlicensed do~: Any dog for which the license tags have not been purchased for the current fiscal year, or any dog on which a curr~nt license tag is not attached as provided for in this chapter. (o) Vaccination: A protective inoculation against rabies with an anti-rabic vaccine recognized and approved by the Orange County Health Department. (P) Vicious animal: Any animal which has bitten or broken the skin of, or in any manner attacked or attempted to attack any person other than its owner within the City of Santa Aha; provided, however, that no animal which bites or breaks the skin of, or attacks, or attempts to attack any person unlaw- fully upon its owner's or keeper's premises, or which is provoked to attack, shall be deemed a vicious animal. (q) Veterinarian: A practitioner of veterinary medicine who holds a valid license to practice his profession. (r) Veterinary clinic: Any establishment operated by a licensed veterinarian to provide dental, medical, or surgical treatment, and care for animals or birds on an out-patient basis. (s) Veterinary hospital: An establishment, operated.by a licensed veterinarian, which provides clinical facilities for housing animals or birds for dental, medical, or surgical treatment. A veterinary hos- pital may be adjacent to or in conjunction with, or as an integral part of pens, stalls, cages or kennels for quarantine or observation. (t) Wild animal: Any animal which is either (i) not a domesticated animal, or (ii) a vicious animal over which the owner has evidenced a failure to maintain control. Sec. 5-58. Dogs at large, generally; female dogs in heat; penalties (a) No person owning, keeping, or harboring any dog shall permit such dog to be on any public street or other public place within the city except when such dog is wearing a col- lar and current license tag and is secured to and controlled by the person in charge of such dog by a leash of sufficient strength to support at least forty (40) pounds dead weight and having a length of not more than eight (8) feet; nor permit such dog to trespass or be upon the private property of any other person without the consent of such other person. -2- (b) Any person violating any of the provisions of subsection (a) of this section shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable as follows: by a fine of ten dollars ($10.00), except that upon a second conviction within one (1) year of a prior con- viction for violation of said subsection, punishment shall be a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). However, the maximum fine herein provided shall not apply to any person allowing a vicious dog to be at large after such person has been notified by the animal control man, by written notice, following the biting of a human being, to keep said dog at all times restrained as provided for in section 5-60. (c) No person owning, keeping or harboring any unspayed female dog shall permit such dog to be at large, be led on a leash, or tied or maintained at any place that is not securely fenced in a manner to keep out all other dogs while such female dog is in heat or breeding condition. Every female dog kept in violation hereof is declared to be a public nuisance and may be taken up, impounded, and delivered to the county pound and there released or disposed of as provided for in this article. The provision for impounding shall be in addition to any punishment for the violation of this subsection. (d) Any person violating the provisions of subsection (c) of this section shall be deemed guilty of an infraction, and, upon conviction thereof shall be punishable as follows: by a fine of twenty-five dollars ($25.00), except that upon a sec- ond conviction within one year of a prior conviction for viola- tion of said subsection, punishment shall be a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be n~mbered 5-100, to read as follows: Sec. 5-100. Penalties Except as otherwise provided therein, a violation of any section of this chapter restrict~n? or otherwise regulating the care, maintenace, and control of]animals is an infraction and upon a conv~ thereof shalltbe punishable by a fine not to exceed one h~ndred dollars ($100.00). Each day upon which a violation occurs shall constitute a separate violation. This section shall not apply to public officials in the exercise of their official duties. SECTION 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. -3- SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordi- nances relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case de- posit in lieu thereof, required to be posted, filed or depo- sited pursuant to any ordinance, and all rights and obliga- tions thereunder appertaining shall continue in full force and effect. SECTION 5: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. SECTION 6: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 5th day of August , 1974. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 17th day of June , 1974, and was again considered by said Council at its meeting held on the 5th day of August , 1974, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN:Ward, Griset, Markel, Patterson NOES, COUNCILMEN: Yamamoto ABSENT, COUNCILMEN: Garthe, Evans ~LERK ~ ~ ~