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4/15/80
ORDINANCE NO. NS-1527
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTION 5-1 AND ADDING
SECTION 5-72 RELATING TO VICIOUS DOGS
AND AMENDING SECTION 5-58 TO PROVIDE
FOR GREATER FINES FOR LEASH LAW. VIOLATIONS
THE CITY COUNCIL 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 Definition
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 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 ages 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), ~-i~estock, rabbit, or poultry.
(d)
Dog includes any male, female, or neuter
domesticated 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.
(j)
Running a__t large means free of restraint
beyond the boundaries of the premises of the
owner or custodian.
(k)
Vaccina%ion means a protective inoculation
against rabies with an anti-rabies vaccine
recognized and approved by the Orange County
Health Department.
ORDINANCE NO. NS- 1527
PAGE TWO
(1)
Vicious animal means any animal which has
~-~tten or broken the skin of, or in any manner
attacked or attempted to attack any person or
any animal within the City of Santa Ana.
(m) Wild animal means any animal which 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 5-58~ of the Santa
Ana Municipal Code is hereby amended to read as follows:
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 collar and
current license tag and is secured to and
controlled by the person in charge of such
dog by a leash of sufficient strenth 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.
(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 not less than ten
dollars ($10.00), except that upon a second
conviction within one (1) year of a prior
conviction for violation of said subsection,
punishment shall be a fineof not less than
fifty dollars ($50.00) nor more than one
hundred dollars ($100.00).
(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 second conviction within one year of a
prior conviction 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).
ORDINANCE NO. NS- 1527
PAGE THREE
SECTION 3: That the Santa Aha Municipal Code
is hereby amended by adding a section, to be numbered 5-72,
which said section reads as follows:
Sec. 5-72.
Vicious dogs.
No person owning, keeping, or harboring any vicious
dog shall allow the same to be at large within the City.
Any person violating the provisions of this section shall be
deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined an amount not less than fifty dollars ($50.00).
ADOPTED this 5th day of May , 1980,
by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEN:
Bricken, Griset, Luxembourger, Markel, Serrato, Ward, Yamamoto
COUNCILMEN:
None
COUNCILMEN:
None
KEITH L. GOW, City Attorney
MAYOR