HomeMy WebLinkAboutNS-1466EJC:adg
11/7/78
ORDINA/gCE NO. NS- 1466
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTIONS 5-1
THROUGH 5-67 OF THE SANTA ANA MUNICIPAL
CODE RELATING TO ANIMAL CONTROL
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That section 5-1 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-1. Definitions.
Unless the particular provisions or the context
otherwise requires, the definitions and provisions contained
in this section shall govern the construction, meaning, and
application of words and phrases used in this chapter.
(a) Animal
birds,
includes, but is not limited to,
fishes, reptiles and nonhuman mammals.
(b)
Commercial kennels means any lot, building,
structure, or premises where more than two (2)
dogs over the age of four (4) months are kept
or maintained for any purpose, including, but
not limited to boarding, training or breeding,
exclusive of dental, medical, or surgical
care, or for quarantine purposes.
(c)
Domesticated animal means any dog, housecat
(felis catus), livestock, rabbit, or poultry.
(d)
~o~ includes any male, female, or neuter
omesticated member of the species Canis
familiaris, but excludes other members of
the family Canidae.
(e)
Estray means any animal found running at
large upon any land within the city.
(f)
Livestock means any swine, sheep, goat,
equine or bovine animal.
(g)
Owner means 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.
(h) Premises means a parcel of land.
(i)
Quarantine means the isolation of any
animal within a substantial enclosure
to avoid its contact with other animals
or unauthorized persons.
ORDINANCE NO. NS-1466
PAGE TWO
(j)
~ at large means free of
restraln~-beyond the boundaries of the
premises of the owner or custodian.
(k)
Vaccination means a protective
inoculation against rabies with an anti-
rabies vaccine recognized and approved by
the Orange County Health Department.
(1)
Vicious animal means any animal which
has b~-~t~ 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 unlawfully upon its
owner's or keeper's premises, or which is
provoked to attack, shall be deemed a
vicious animal.
(m) Wild animal means any animal which is
either:
(1) Not a domesticated animal, or
(2)
A vicious animal over which the
owner has evidenced a failure to
maintain control.
SECTION 2: That section 5-2 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-2. Authority.
(a)
Subject to the provisions of California
Code of civil Procedure sections 1822.50
et seq., the animal control officer is
hereby authorized to enter upon any
premises for the purpose of inspection
upon reasonable cause to believe there
is a violation of any provision of this
chapter or any law of the state relating
to the care, treatment, control, or
prevention of cruelty to animals.
(b)
The animal control officer 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 impounding
any animal found estray or running at
large thereon or chained, staked, herded,
or grazed thereon contrary to the pro-
visions 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 officer
ORDINANCE NO. NS-1466
PAGE THREE
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 person-
ally notified, such notification shall be
by mail with postage fully prepaid thereon.
(d)
The animal control officer 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 vio-
lations of said provisions in accordance
with Section 836.5 of the Penal Code of
the State of California.
SECTION 3: That section 5-3 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-3. Penalties.
Except as otherwise provided, a violation of
any section of this chapter restricting or otherwise regu-
lating the care, maintenance, and control of animals is an
infraction and upon a conviction thereof shall be punishable
by a fine not to exceed one hundred dollars ($100.00). Each
day 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 4: That section 5-4 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-4. Interference.
No person shall interfere with, oppose or resist
any authorized person charged with the enforcement of this
chapter while such person is engaged in the performance of
his duties.
SECTION 5: That section 5-5 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-5. Bird sanctuary.
The City of Santa Aha is designated a bird sanctu-
ary and signs bearing the legend "SANTA ANA IS A BIRD
SANCTUARY" shall be placed at appropriate locations at or
near the city limits at principal entrances to the city.
No person shall kill or injure any species of wild birds
or molest or damage the nest or the eggs of any wild birds
within the city. It shall be unlawful for any person to
willfully kill or injure any song bird, or to molest, or
damage the nest of such bird. If the city council, the
chief of police, or the animal control officer shall de-
termine that starlings or other birds have become so numer-
ous in any particular location or area as to be a public
nuisance or for any other reason have become a public
nuisance or a menace to health or property, said fact may
be declared and the birds involved may be destroyed or
otherwise controlled.
ORDINANCE NO. NS-1466
PAGE FOUR
SECTION 6: That section 5-6 of the Santa Aha
Municipal Code, is hereby amended to read as follows:
Sec. 5-6. Permit required for large number
of fowl, etc.
(a)
No person shall keep more than fif-
teen (15) in number of any fowl, bird,
rabbit, rodent, or combination thereof
within the City of Santa Ana unless a
special permit shall be issued therefor
by the animal control officer, subject
to the rules or regulations provided
in this section and only on approval of
the Orange County Health Department and
the city planning department. Permits
may be revoked on any grounds which would
be sufficient to deny issuance. Any
person aggrieved by the action of the
animal control officer in denying or re-
voking a permit may appeal to the city
council as provided in Chapter 3 of
this Code.
(b)
Any person maintaining more than fif~
teen (15) in number of fowl, rabbits,
birds, or combination thereof shall be
subject to the following rules and regu-
lations:
(1)
Ail building, pens, runs, or other
places where such animals are kept
shall be located at least fifty feet
(50') from any residence, the owner's
excepted.
(2)
The floors of every such building
shall be smooth and tight and main-
tained so as to prevent accumulation
of filth or water.
(3)
The floor area of every such building
where fowl are given free run shall
be of sufficient area so as to allow
for two and one-half (2-1/2) square
feet per fowl.
(4)
Ail dead animals, manure, refuse, feath-
ers, and other waste matter shall be
removed within a reasonable time, not
to exceed forty-eight (48) hours, or
kept in fly-tight containers until
such removal.
(5)
If runs are provided and the formation
of ground therefor is such that it can-
not be kept in a clean and sanitary
condition at all times as required by
the state or local health department,
the floor of said runs or pens shall be
constructed of cement, said cement to be
laid so as to prevent rodents from enter-
ing thereunder.
ORDINANCE NO. NS- 1~66
PAGE FIVE
(6)
Rabbits and rodents must be kept
in hutches so constructed as not
to allow the urine to pollute the
ground, and provided with floors that
are removable for the purpose of
cleaning and disinfecting; no box
hutches will be permitted.
SECTION 7: That section 5-7 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-7. Bees prohibited.
No person shall keep any hive or swarm of honey
bees or any other kind of wasp or bee within the city, ex-
cept by special permit in an A-1 (General Agricultural)
District.
SECTION 8: That section 5-8 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-8. wild Animals; Permit; Exceptions.
It shall be unlawful for any person to keep or
maintain, or cause to be kept or maintained, any wild animal
without first applying for and receiving a permit from the
animal control officer, except that no permit is required to
keep or maintain the following wild animals: canaries,
parakeets, chinchillas, chipmunks, finches, guinea pigs,
hamsters, marmoset monkeys, parrot-type birds, squirrel
monkeys, turtles, tropical fish (except caribee), non-poison-
ous snakes, where permitted by state and federal law, white
mice and white rats.
The provisions of this section shall not prohibit
the keeping or maintaining of the following wild animals=
(a)
Any wild animals which are kept confined
in zoos, museums, or any other place where
they are kept as live specimens for the
public to view.
(b)
Any wild animals which are kept confined
and placed on exhibit in a circus, carni-
val, or any other type of exhibit or show.
(c) Wild animals in bona fide, licensed veterin-
ary hospitals for treatment.
SECTION 9: That section 5-9 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-9. Same - Issuance.
(a)
The animal control officer shall issue a
permit for the keeping or maintaining of
a wild animal if he finds:
(1)
That a non-refundable fee as estab-
lished by resolution of the city
council has been paid to the depart-
ment of finance;
ORDINANCE NO. NS- 1466
PAGE SIX
(2)
(3)
(4)
(5)
(6)
(7)
(8)
That the wild animal is at all times
kept or maintained in a safe manner
and that it is at all times con-
fined securely so that the keepihg
of such animal will not constitute
a danger to human life or the prop-
erty of others;
That adequate safeguards are made
to prevent unauthorized access to
such animal by members of the public;
That the health or well being of the
animal is not in any way endangered
by the manner of keeping or confien-
ment;
That the keeping of such animal
does not constitute a nuisance and
will not harm the surrounding
neighborhood;
That the keeping of such animal will
not create or cause offensive odors
or constitute a danger to public
health;
That the quarters in which such ani-
mal is kept or confined are adequately
lighted and ventilated and are so
constructed that they may be kept
in a clean and sanitary condition;
That the applicant proves his ability
to respond in damages to and includ-
ing the amount of one hundred thousand
dollars ($100,000.00) bodily in-
jury to or death of any person or
persons or for damage to property
owned by any other person which may
result from the ownership, keeping
or maintenance of such animal. Proof
of liability to respond in damages
may be given by filing with the
animal control officer, in a form
approved by the city attorney, a
certificate of insurance issued by
a solvent corporation holding a
certificate of authority to do in-
surance business in the state, or
a bond from a responsible and solvent
corporation authorized to issue bonds
under the laws of the state. Such
certificate of insurance or bond
shall provide that no cancellation
of the insurance or bond will be
made unless thirty (30) days written
notice is first given to the animal
control officer.
ORDINANCE NO. NS- 1466
PAGE SEVEN
(9)
That the applican~as proof of state
and/or federal permits for the species
or specimen when so required by law.
(b)
In no event shall a permit be issued for
the keeping of more than two (2) wild
animals over the age of two (2) months
at any single location.
(c)
Any applicant denied a permit pursuant
to these provisions may appeal to the
city council pursuant to Chapter 3 of
this code.
SECTION 10: That section 5-10 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-10. Same - Conditions
If, at any time, it appears to the animal control
officer that there are grounds for denial or revocation of
the wild animal permit, but that such grounds could be elim-
inated by the imposition of conditions, or of additional
conditions, he may notify the applicant or permittee in
writing that he intends to improve or amend such conditions.
SECTION 11: That section 5-10.1 of the Santa Ana
Municipal Code, is hereby repealed.
SECTION 12: That section 5-11 of the Santa Aha
Municipal Code, is hereby amended to read as follows:
Sec. 5-11. Same - Revocation
A wild animal permit may be revoked on any one or
more of the following grounds:
(a) Any fact exists which would be a reason
for denial of the permit.
(b)
The permittee, or any agent or employee
of the permittee has violated, or has
been convicted of violating any provisions
of this or any other ordinance, or of any
of the state now, or hereafter, in force
regulating the activity for which the
permit was issued.
(c) The permittee obtained the permit by
false or fraudulent representations.
Prior to any such revocation, the animal control
officer shall provide the permittee with written notice by
U.S. Mail, of his intent to revoke the permit and advising
the permittee of his right to appeal such decision. Any
permittee aggrieved by a decision to revoke the permit may
appeal pursuant to Chapter 3 of this code.
SECTION 13: That section 5-12 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
ORDINANCE NO. NS- 1466
PAGE EIGHT
Sec. 5-12. Liability of non-owners.
(a)
No person, other than an officer lawfully
obtaining possession under this chapter,
shall hold or retain possession of any
dog or other animal for a period of longer
than twenty-four (24) hours unless he holds
title to such animal or has the consent
of the owner thereof, or unless such person
shall have reported the fact of such pos-
session pursuant to section 5-13.
(b)
Every operator of a self-propelled vehicle
upon the streets and ways of the City of
Santa Ana shall immediately upon injuring
striking, maiming, or running down any
animal, give aid to such animal or immedi-
ately notify the animal control officer,
furnishing sufficient facts relative to
such injury.
SECTION 14: That section 5-13 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-13. Private Impoundment.
(a)
Any person finding any estray domesticated
animal or permitted wild animal which is
running at large contrary to the provisions
of this code may take up such animal if he
complies with the provisions of this
section.
(b)
Any person taking up any estray domesti-
cated animal or permitted wild animal
pursuant to this section shall surrender
such animal to the animal control officer
on demand.
(c)
Every person, except the animal control
officer, taking up any estray domesti-
cated animal or permitted wild animal
pursuant to this section shall, within
twenty-four (24) hours thereafter, give
notice to the animal control officer of:
(1)
The fact that he has such animal
in his possession;
(2) The complete description of such
animal;
(3)
The license number of such animal,
if any; and
(4) The place where such animal is
confined.
ORDINANCE NO. NS-1466
PAGE NINE
SECTIONal5: That the Santa Aha Municipal Code
is hereby amended by adding a section, to be numbered 5-14,
which said section reads as followsr
Sec. 5-14. Restraint of animals.
(a)
Any person owning or having charge, custody,
care or control of any animal kept or har-
bored in the City of Santa Aha shall confine
such animal exclusively upon such owner's
premises, except when otherwise properly
restrained as hereinafter provided.
(b)
No person shall allow or permit any animal
to run at large, or be pastured, herded,
staked, or tied in or on any public alley,
street, sidewalk, vacant lot, school
grounds, or other unenclosed place, or
other public place belonging to or under
the control of the city or in such a way
as to trespass in any manner upon any of
the aforesaid public pla~es.
(c)
No person shall ride, drive, lead or tie
any horse or mule on any sidewalk, or
allow any such animal attached to any
vehicle, or any such vehicle to stand
across or on a pedestrian crosswalk of
any street or upon a sidewalk within the
city, or allow any horse, mule or other
animal used for riding or driving in a
vehicle to stand upon any of the public
streets without being securely tied or
under the control of its owner or manager.
(d)
No person shall hitch any animal to any
hydrant, building, reservoir screening,
or to any other part of the system of the
city's waterworks.
(e)
No person shall permit any animal to be
at large or to go or be upon the premises
owned or occupied by any other person in
the city without said other person's
consent.
(f)
Ail dogs must be confined within a yard
or other enclosure; provided that dogs
on a secure leash not more than eight (8)
feet in length may be permitted on the
streets or other public places of the city.
(g)
Any animal permitted to be at large or
trespassing upon private premises or public
property in violation of this section shall
be deemed prima facie not to be under the
control of the owner and is hereby declared
to be a nuisance and a menace to the public
health and safety, and shall be seized and
impounded as provided in this chapter.
SECTION 16: That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 5-15,
which said section reads as follows:
Rev. 12/13/78
ORDINANCE NO. NS-1466
PAGE TEN
Sec. 5-15. Disposition of animals.
(a)
Any impounded animal may be redeemed by
the owner upon payment of the fees es-
tablished by resolution of the city
council. The owner must also demon-
strate 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.
Cb)
If a licensed animal is not redeemed with-
in seven (7) days of impoundment, or an un-
licensed animal is not redeemed within three
(3) days of impoundment, excluding Orange
County holidays and the day of impoundment,
it shall be deemed abandoned and the health
officer of Orange County may sell, release or
destroy said animal; provided, however, that
the Orange County Animal Shelter be discouraged
from selling or giving away unclaimed stray
animals from the City of Santa Ana to any
persons or organizations desiring such animals
for research purposes, and that each employee
of the City, when turning over animals to the
County during the performance of their duties
as City employees, shall direct the County not
to use such animals for research purposes.
SECTION 17: That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 5-16,
which said section reads as follows:
Sec. 5-16. Enclosure for breeding animals.
No person shall permit breeding of animals under
their custody or control except within an enclosure so
arranged as to obstruct such animals from the view of all
persons who have no proprietary interest in the breeding
of such animals. The provisions of this section shall not
be applicable to zoos, museums, or any other place where
such animals are kept as live specimens for the public to view.
SECTION 18: That the Santa Ana Municipal Code,
is hereby amended by adding a section,~ to be numbered 5-17,
which said section reads as follows:
Sec. 5-17. Abandonment.
It shall be unlawful for any person to abandon
any animal within the City of Santa Ana. Any person vio-
lating this section shall bear full costs and expenses
incurred by the city in the care of said abandoned animal
and shall reimburse to the city all said costs as determined
by the department of finance.
SECTION 19: That the Santa Ana Municipal Code,
is hereby amended by adding a section, to be numbered 5-18,
which said section reads as follows:
ORDINANCE NO. NS-1466
PAGE ELEVEN
Sec. 5-18. Proximity to humans.
(a) Livestock: Except as otherwise provided in
this chapter, no person who keeps or has upon premises owned,
leased, or occupied by him, any livestock, shall keep such
livestock within seventy-five (75) feet of any family resi-
dence, with the exception of his own.
(b) Fowl and rabbits. No person shall keep fowl
or rabbits within fifty (50) feet of any family residence
or building designated for human occupancy, with the excep-
tion of his own.
(c) Commercial kennels.
(1)
Residential structures of one story in
height shall maintain a setback of one
hundred (100) feet from any pre-
existing outside kennel runs of a
pre-existing kennel and commercial
kennels shall also maintain a set-
back of one hundred (100) feet from
any pre-existing residential struc-
ture.
(2)
Residential structure of two stories
or more in height shall maintain a
setback of two hundred (200) feet
from any pre-existing commercial
kennel, and commercial kennels shall
also maintain a setback of two hundred
(200) feet fr~m any pre-existing struc-
ture of two (2) or more stories.
These provisions will not apply to
anyone who erects a residential struc-
ture of two stories or more in height
or to anyone who erects a commercial
kennel, if in erecting the structure,
or kennel, that person:
(a)
Provides a barrier that will impair
the vision between the kennels and
the residential structure to at
least the same extent as if a two
hundred (200) foot setback were
used, and provides sufficient sound
retardant materials to produce no
more than the same decibel level
than if a two-h~ndred (200) foot
setback was maintained. The de-
cibel level shall be measured both
at the kennel and at the residential
structure, or, in the alternative.
(b)
Provides visual and sound standards
that in the opinion of the director
of building and safety are equal
to or greater than those required
by the provisions of (a) above.
(3)
The residence of a commercial kennel
operator or owner shall not be deemed
a residential structure as applied in
the language of this section.
Rev. 1/9/79
ORDINANCE NO. NS-1466
PAGE TWELVE
(4)
The development and occupation of
buildings for human habitation within
the distances prescribed above by
others than the kennel owner or
operator or grantees, directly or
indirectly, from or through the ken-
nel owner or operator following the
proper establishment of kennels,
shall not render the maintenance of
such pre-existing kennels unlawful
by reason of the diminished separa-
tion of the kennel use and the use
of buildings for human habitation.
(d)
EnforCement. The director of planning
shall not approve for issuance any build-
ing permit until he has insured himself
that the provisions of this section have
been met.
SECTION 20: That the Santa Aha Municipal Code,
is hereby amended by adding a section, to be numbered 5-19,
which said section reads as follows:
Sec. 5-19. Slaughtering of animals
No person shall kill any animal in the City of
Santa Aha in order that it may be sold or used as food,
except:
(a)
In an enclosed building, provided each
animal so slaughtered of five (5) pounds
or less in weight; or
(b) In conm~ercial slaughtering buildings.
Nothing herein shall be construed to permit any
use of property in violation of the zoning regulations
contained in Chapter 41 of this Code.
SECTION 21: That section 5-100 of the Santa Aha
Municipal Code (printed as section 5-2.1), is hereby repealed.
SECTION 22: That section 5-52 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-52. Same - Information required; tag.
Upon payment of the license fee, the finance de-
partment or the animal control officer shall issue to the
owner a license certificate and a metallic tag for each
dog so licensed. The shape or color of the tag shall be
changed annually and shall have stamped thereon the termin-
ation date and an identifying number. Every owner shall be
required to provide each dog, not kept in a kennel or other-
wise exempted, with a collar to which the license tag must
be permanently affixed and shall see that the collar and tag
are continuously worn by said dog. In case a dog license tag
is lost or destroyed, a duplicate will be issued by the
finance department upon presentation of the receipt showing
payment of the license fee for the current license period
and upon payment of the fee fixed for the issuance of such
duplicate tag. No owner shall transfer any dog tag from
one dog to another and no person shall place a dog tag
upon any dog except the dog for which it was issued.
ORDINANCE NO. NS- 1466
PAGE THIRTEEN
SECTION 23: That section 5-53 of the Santa Aha
Municipal Code, is hereby amended to read as follows:
Sec. 5-53. Same - Record.
The finance department and the animal control
officer shall keep a record of the license tags issued, which
record shall contain a brief description and the name of the
dog and the name and address of the owner.
SECTION 24: That section 5-54 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-54. Vaccination - Required before licensing.
Neither the finance department, the animal control
officer, nor any other person shall issue any license for
any dog unless and until such dog has been vaccinated as
herein defined and the owner or person seeking such a license
shall produce for inspection a certificate from a licensed
veterinarian showing vaccination that will be valid for the
entire licensing period, which certificate may be accepted
as proof of vaccination. Any dog may be exempt from vaccina-
tion and license issued therefor without such proof upon
presentation of an affidavit sworn to within sixty (60) days
preceding the applica~on for license by a veterinarian licensed
to practice and actually practicing in the state, stating
that, in his opinion, the rabies vaccination would be likely
to seriously injure the dog described therein. No person
shall allow any dog so exempted from rabies vaccination to
be at large or be led about the streets on a leash at any
time, and such dog must be restricted to the securely enclosed
yard of the owner.
SECTION 25: That section 5-56 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-56. Restraint of biting dog -
May be ordered.
The animal control officer may order any dog which
has bitten or scratched any person to be kept securely con-
fined in the rear of the owner's premises for a period of
fourteen (14) days from the date of such bite or scratch.
SECTION 26: That section 5-60 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-60. Reports of complaints.
When a written complaint has been made by any
person to the animal control officer that any dog is a
nuisance by reason of (1) barking, (2) howling, (3) running
or charging at or after any person or vehicle, or (4) molest-
ing or destroying any property, such dog may be declared to
be a public nuisance by the animal control officer.
Such written complaint must be signed by at least
two unrelated persons over the age of eighteen (18) years
and shall set forth (1) the names and addresses of the
complainants; (2) the reasons for the complaint; (3) the
name and address of the owner of the dog; (4) the time and
place the acts complained of occurred; and (5) a listing
of any damages which resulted, if any.
ORDINANCE NO. NS- 1466
PAGE FOURTEEN
The animal control officer shall serve a written
notice of such complaint and alleged facts on the person
owning such dog by delivery to him, or to some person over
the age of eighteen (18) years, at the address of the owner,
or, if no such person is found, by affixing such written
notice securely to the door of the building at such address,
or by sending a copy thereof by mail to said address.
Said notice shall contain the information that
a complaint has been filed with the animal control officer
regarding the nuisance and shall invite the owner to come
to the animal control division of the Santa Ana Police
Department and inspect said written report.
After service of notice by the animal control
officer, the owner shall thereafter keep said dog securely
confined within an adequate enclosure, or on a leash; if
the complaint be that the dog was barking or howling, the
owner shall keep said dog in a manner so as to prevent such
barking or howling.
SECTION 27: That section 5-61 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-61. Response and impounding.
The owner of a dog concerning which a complaint
has been made in writing may submit to the animal control
officer his written report in response to that of the
complainant. Such response to the complaint may set forth
(1) the owner's name and address; (2) the owner's view of
the facts or series of events which caused the original
complaint; and (3) an agreement to abide by all existing
city ordinances.
The written response will be filed with the com-
plaint and will be shown to any party named in the reports
who requests to see them at the police department.
Should the animal control officer receive a
second complaint as provided in section 5-60 of this Code,
it shall be his duty to investigate and he may seek a
criminal complaint.
SECTION 28: That section 5-65 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-65. Inspection permit: duration.
The inspection permit for any premises within
the city shall expire on December 31 of each year, unless
sooner revoked or suspended for cause by the animal control
officer or unless the establishment ceases business.
SECTION 29: That section 5-66 of the Santa Ana
Municipal Code, is hereby amended to read as follows:
Sec. 5-66. Inspection permit: revocation or
suspension.
ORDINANCE NO. NS- 1466
PAGE FIFTEEN
The animal control officer may revoke or suspend
any inspection permit for the following reasons:
(a)
Violation by permittee of any law of
the State of California or of any ordin-
ance of the City of Santa Ana;
Failure to provide any animal in permittee's
possession with proper and sufficient food,
drink, shelter and protection from the
elements;
(c) Subjecting said animal to cruel or abusive
treatment; or
(d) Failure to maintain the premises in a clean
and sanitary eondition.
SECTION 30: That section 5-67 of the Santa Aha
Municipal Code, is hereby amended to read as follows:
Sec. 5-67. Reinstatement of suspended permits.
A permittee whose permit has been suspended or
revoked may at any time make application to the animal
control officer for reinstatement of the inspection permit;
the animal control officer shall make a reinspection. If
the applicant is complying with the requirements of this
article and other applicable ordinances, laws, and regula-
tions of the City of Santa Ana, the permit shall be rein-
stated.
SECTION 31: 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 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, sentences, elauses, phrases or portions be de-
clared invalid or unconstitutional.
SECTION 31: Neither the adoption of this ordin-
ance nor the repeal hereby of any ordinance shall in any
manner affect the prosecution for violation of which
violations were committed prior to the effective date hereof,
ORDINANCE NO. NS-1466
PAGE SIXTEEN
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 5th day of February , 1979,
by the following vote:
AYES: COUNCILMEN: Brandt, Bricken~ Evan$~
NOES: COUNCILMEN: 0rtiz, Yamamoto
ABSENT: COUNCILMEN: None
ATTEST:
oF THE CO NC
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY
Garthe, Ward