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HomeMy WebLinkAboutNS-1330ORDINANCE NO. NS-1330 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTION 5-3 AND ADDING SECTION 5-10.1 RELATING TO ANIMAL CONTROL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 5-3 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 5-3. Authority (a) The animal control man is hereby authorized and directed to enter upon any premises for the purpose of inspecting the same to ascertain if any provision of this Chapter or any law of the State of California relating to the care, treatment, control, and prevention of cruelty to animals, is being violated. (b) The animal control man is hereby authorized, and it is declared to be his duty, to go upon unenclosed lots or lands for the purpose of taking up and into his custody for impound- ing any animal found estray or running at large thereon or chained, staked, herded, or grazed thereon contrary to the provisions of this Chapter. (c) Except as otherwise provided by law, when any animal other than an animal abandoned by its owner, is impounded pursuant to this section, the animal control man shall, within twelve (12) working hours after impounding such animal, notify the owner, if known, of the location of such animal. Unless the owner is personally notified, such notification shall be by mail with postage fully prepaid thereon. (d) The animal control man and his deputies are designated as the employees of the City of Santa Aha charged with the duty to enforce the provisions of this Chapter, and are authorized to issue citations for violations of said provisions in accor- dance with Section 836.5 of the Penal Code of the State of California. adding a follows: SECTION section, 2: The Santa Ana Municipal Code is hereby amended by to be numbered 5-10.1, which said section reads as Section 5-10.1. Disposition of Animals (a) Any impounded animal may be redeemed by the owner upon ~ayment of the fees established by resolution of the City Ouncil. The owner must also demonstrate to the satisfaction of the Health Officer of Orange County that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this Chapter. (b) If a licensed animal is not redeemed within seven (7) days of impoundment, or an unlicensed animal is not redeemed within three (3) days of impoundment, excluding Orange County holidays and the day of impoundment, it shall be deemed aban- doned and the Health Officer of Orange County may sell, re- lease or destroy said animal. I ORDINANCE NO. NS-1330 PAGE TWO SECTION 3: If any section, subjection, sentence, clause, phrase or portion of this Ordinance Js for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Aha hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. 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 ordinance 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 cash deposit in lieu thereof, required to be posted, filed, or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 26th day of October, 1976, by the following vote: AYES: COUNCILMEN: Ward, Ortiz, Yamamoto, Garthe, Brandt NOES: COUNCILMEN: None ABSENT: Bricken, Evans ATTEST: APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY