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HomeMy WebLinkAboutNS-2134 - Amending Chapter 5 of Santa Ana Municipal Code Pertaining to Animals 439 ORDINANCE NO. NS_~ AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 5 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO ANIMALS ,-' 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 includes, but is not limited to, birds, cats, dogs, fishes, fowl, rabbits, reptiles and nonhuman mammals. (b) Bird includes, but is not limited to, budgies, canaries, cardinals, cockatiels, cockatoos, doves, finches, lories, lorikeets, lovebirds, macaws, parakeets, parrots, pigeons, sparrows, toucans and weavers. (c) 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. (d) Domesticated animal means any dog, housecat (felis catus), livestock, rabbit, poultry or bird. (e) Dog includes any male, domesticated member of familiaris, but excludes family canidae. female, or the species other members neuter canis of the (f) Estray means any animal found running at large upon any land within the city. (g) Fowl means any larger domestic bird generally used for food and includes, but is not limited to, the chicken, duck, goose and turkey. 1 441 (h) Livestock means animals kept for use on a farm and includes, but is not limited to, any swine, sheep, goat, horse, cattle, equine or bovine animal. (i) 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 thirty (30) consecutive days. (j) Premises means a parcel of land. (k) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. (l) Running at boundaries custodian. large means free of restraint beyond the of the premises of the owner or (m) Vaccination means a protective inoculation against rabies with an anti-rabies vaccine recognized and approved by the Orange County Health Department. (n) vicious animal means any animal which has bitten 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. (0) 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 prov1s10nS of California Code of civil Procedure, Section 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 2 443 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 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 officer shall, within forty-eight (48) 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 officer and his deputies are designated as the employees of the City of Santa Ana charged with the duty to enforce the provisions of this chapter, and are authorized to issue citations for violations of said provisions in accordance with Section 836.5 of the Penal Code of the state of California. SECTION 3:: 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 Ana is designated a bird sanctuary 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 animal control officer shall determine that starlings or other birds have become so numerous 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. SECTION 4:: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 5-5.5, which said section reads as follows: Sec. 5-5.5 BirdS - Number permitted; Permit required; Exceptions. The non-commercial keeping of more than four birds (not including fowl) as pets or hobby requires a special permit issued by the animal control officer and subject to the following rules 3 445 and regulations. 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 revoking a permit may appeal to the city council as provided in Chapter 3 of this Code. ~ (a) All birds shall be confined indoors or in a coop, aviary or pen and all such buildings, coops, aviaries or other places where such birds are kept shall be located at least one hundred (100) feet from any residence, the owner's excepted. (b) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water. (c) All dead animals, manure, refuse, feathers, and other waste matter shall be removed within a reasonable time, not to exceed forth-eight (48) hours, or kept in fly-tight containers until such removal. (d) The occasional sale of birds would be permitted if such sale is incidental to the keeping of the birds as a pet or for a hobby. (e) If the animal control officer or the city's code enforcement personnel determine that the keeping of birds, or the keeping of a particular number of birds, at a particular location constitutes a nuisance or a health or safety hazard, then the keeping of more than four (4) birds as pets or a hobby shall not be permitted and the permit issued therefore shall be revoked. SECTION 5:: That section 5-6 of the Santa Ana 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 or maintain more than four (4) in number of any fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5-6.5 hereof) rabbit, or any combination thereof, on any premises within the City of Santa Ana unless a special permit has been issued subject to the rules and regulations provided in this section and the approval of the city department of planning and development services. 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 revoking a permit may appeal to the city council as provided in Chapter 3 of this Code. (b) Any person keeping or maintaining more than four (4) in number of fowl (excluding roosters which are not permitted within the City of Santa Ana per section 5-6.5 hereof), rabbits, or any 4 447 combination thereof, on any premises within the city of Santa Ana, shall be subject to the following rules and regulations: ,~ (1) All buildings, pens, runs, or other places where such fowl and/or rabbits are kept shall be located at least one hundred (100) feet from any residence, the owner's excepted. (2) (3) (4) (5) (6) The floors of every such building shall be smooth and tight and maintained so as to prevent accumulation of filth or water. The floor area of every such building where the fowl and/or rabbits 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 and/or rabbit. All dead animals, manure, refuse, feathers, 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. If runs are provided and the formation of ground therefor is such that it cannot 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 entering thereunder. Rabbits 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 6:: 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: chinchillas, chipmunks, guinea pigs, hamsters, turtles, tropical fish (except caribee), nonpoisonous 5 449 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 exhibit in a circus, carnival, exhibit or show. confined and placed on or any other type of (c) wild animals in bona fide, licensed veterinary hospitals for treatment. SECTION 7:: That section 5-9 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-9. Same-Bame-Issuance. (a) The animal control officer shall issue a permit for the keeping or maintaining of a wild animal if after an inspection of the property where the animal is to be kept or maintained he finds: (1) That a nonrefundable fee as established by resolution of the city council has been paid to the department of finance; (2) That the wild animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others; (3) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public; (4) That the health or well being of the animal is not in any way endangered by the manner of keeping or confinement; 6 451 (5) That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood; (6) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health; (7) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition; (8) That the applicant proves his ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) bodily injury 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 insurance 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; (9) That the applicant has proof of state and/or federal permits for the species or specimen when so required by law. (10) That the planning and building agency has inspected the property and approved of the issuance of a permit; (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. 7 I I I 453 SECTION 8:: That section 5-12 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-12. Liability of nonowners. ~ (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 seventy-two (72) 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 possession 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 immediately notify the animal control officer, furnishing sufficient facts relative to such injury. SECTION 9:: 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 seventy-two (72) hours after taking up any estray domesticated 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 an estray domesticated animal or permitted wild animal pursuant to this section shall, within seventy-two (72) 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 8 455 (4) The place where such animal is confined. SECTION 10: That section 5-14 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-14. Restraint of animals. (a) Any person owning or having charge, custody, care or control of any animal kept or harbored in the city of Santa Ana 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 places. (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 ride a horse, mule, donkey, pony or bovine animal in a park except on designated paths or trails, nor shall any person abandon or bring into any park, except on a leash, any animal, reptile or fowl of any kind. (e) 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. (f) 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. (g) All 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. 9 , 457 (h) Any animal found 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 11: That section 5-15 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-15. Disposition of animals. (a) Any impounded animal may be redeemed by the owner upon payment of the fees established by resolution of the city council. The owner must also demonstrate that he is the owner or custodian 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 holidays and the day of impoundment, it shall be deemed abandoned and the animal control officer may sell, release or destroy said animal; provided, however, that the animal control officer 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 animal control officer during the performance of their duties as city employees, shall direct such animal control officer not to use such animals for research purposes. SECTION 12: That section 5-18 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 one hundred (100) feet of any family residence, with the exception of his own. (b) Fowl and rabbits. No person shall keep fowl or rabbits within one hundred (100) feet of any family residence or building designated for human occupancy, with the exception of his own. 10 --- 459 (c) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has insured himself that the provisions of this section have been met. SECTION 13: That section 5-50 of the Santa Ana municipal Code is hereby amended to read as follows: Sec. 5-50. Limitation of number of dogs. No person shall keep, harbor or maintain upon his premises within the city of Santa Ana more than two (2) dogs unless said person shall comply with the commercial kennel requirements of this chapter, or unless said person comes within one of the following conditions: (a) Upon a reasonable showing of necessity to the animal control officer a person may be issued a temporary boarding permit for the temporary boarding of a third dog for a period of time not to exceed thirty (30) days; or (b) A person moving into the city limits of the City of Santa Ana with three (3) licensed dogs, from an area that permitted three (3) dogs, shall, upon a showing of same to the animal control officer be permitted to continue to own and maintain said dogs until such time as the number of dogs is reduced by death, sale, or other disposition; or (c) A person who had, on or before September 20, 1976, licensed three (3) dogs in the city of Santa Ana under the provisions of Ordinance No. NS-1286 shall be permitted to keep, harbor or maintain said three (3) dogs until such time as the number of dogs is reduced by death, sale, or other disposition. SECTION 14: That section 5-51 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-51. Doq license-Fee. (a) A license fee is levied on all dogs over the age of four (4) months (except as otherwise hereinafter provided) owned, kept or harbored by, in the custody of, or under the control of any 11 .~ 461 person within the city. The amounts of fee for neutered and unneutered dogs and exemptions therefrom, if any, shall be established by resolution of the council. Each license fee shall be paid annually to the director of finance. The license shall be valid for a period of one (1) year from the date of purchase. The director of finance may provide for the renewal of dog licenses by mail. (b) Any person who imports or brings into the city any dog with the intent to remain longer than one (1) month shall, within five (5) days after its arrival, cause the same to be vaccinated and licensed as herein provided. (c) A penalty assessment of ten dollars ($10.00) shall be charged against all persons who fail to secure said license within thirty (30) days after said license is required. (d) Said license fee shall be deemed a debt due the city from the owner, and in addition to the criminal penalties of this Code provided, such debt may be collected in the name of the city as any other debt may be collected. The foregoing license fee shall not apply to any dog while kept in a duly licensed commercial kennel, nor to any seeing eye dog trained to assist blind persons while such dog is actually being kept and used by a blind person for the purpose of aid in going from place to place. SECTION 15: That section 5-52 of the Santa ana Municipal Code is hereby amended to read as follows: Sec. 5-52. Same-Tag. Upon payment of the license fee, the finance department shall issue to the owner a license certificate and a tag for each dog so licensed. Every owner shall be required to provide each dog, not kept in a kennel or otherwise 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. 12 ~ 46,3 SECTION 16: That section 5-53 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-53. License tag record. The finance department 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 17: That section 5-54 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-54. vaccination-Required before licensing. The finance department shall not 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 vaccination and license issued therefor without such proof upon presentation of an affidavit sworn to within sixty (60) days preceding the application 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 18: That section 5-56 of the Santa Ana Municipal Code is hereby repealed. SECTION 19: That section 5-57 of the Santa Ana Municipal Code is hereby repealed. 13 465 SECTION 20: That section 5-58 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-58. Dogs at larqe. (a) All dogs must be confined within a yard or other enclosure except as hereinafter provided. (b) 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 strength to support at least forty (40) pounds dead weight and having a length of not more than eight (8) feet; nor shall such person permit such dog to trespass or be upon the private property of any other person without the consent of such other person. (c) Any person violating any of the provisions of subsections (a) or (b) of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as follows: By a minimum fine of not less than fifty dollars ($50.00) but not to exceed the maximum punishment for misdemeanors, except that upon a second conviction within one year of a prior conviction for violation of said subsection, punishment shall be a minimum fine of not less than seventy five dollars ($75.00) but not to exceed the maximum punishment for misdemeanors, and a third conviction within one year of two prior convictions shall be punishable by a minimum fine of not less than one hundred fifty dollars ($150.00) but not to exceed the maximum punishment for misdemeanors. (d) 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 in this article. The provision for impounding shall be in addition to any punishment for the violation of this subsection. (e) Any person violating the provisions of subsection (d) of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punishable as follows: By a minimum fine of fifty dollars ($50.00) but not to exceed the maximum punishment for misdemeanors, except that upon a second conviction within one year of a prior conviction for violation of said 14 467 subsection, punishment shall be a minimum fine of not less than seventy five dollars ($75.00) but not to exceed the maximum punishment for misdemeanors, and a third conviction within one year of two prior convictions shall be punishable by a minimum fine of not less than one hundred and fifty dollars ($150.00) but not to exceed the maximum punishment for misdemeanors. SECTION 21: That section 5-59 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-59. Noisy Animals. It is hereby declared to be a nuisance for any person to keep, maintain or permit on any lot, parcel of land, or premises under his/her control any dog or other animal within the city limits which is in the habit of either disturbing the peace and quiet of any person within the city or interfering with any person in the reasonable and comfortable enjoyment of life or property. SECTION 22: That section 5-60 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-60. Reports of complaints. Written complaints may be made by any person to the animal control officer alleging that any dog or other animal is a nuisance by reason of (1) noise (as set forth in Section 5-59 hereof); (2) non-restraint (as set forth in sections 5-14 and 5-58 hereof); (3) viciousness (as set forth in Section 5-72 hereof); or, (4) due to the destruction or molestation of property by such dog or animal. 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. 15 469 SECTION 23: That Section 5-61 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-61. Response and impounding. The animal control officer, upon receipt of a complaint as provided in section 5-60 of this code, shall investigate and he may seek a criminal complaint. The owner of a dog or other animal 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 complaint and will be shown to any party named in the reports who requests to see them at the police department. SECTION 24: That section 5-62 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-62. commercial kennel requirements. (a) No person shall establish, operate, maintain, or have a commercial kennel within the city without an inspection permit. (b) 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 preexisting kennel and commercial kennels shall also maintain a setback of one hundred (100) feet from any pre-existing residential structure. (c) Residential structures of two (2) 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 from any pre-existing structure of two (2) or more stories. These provisions will not apply to anyone who erects a residential structure of two (2) stories or more in height or to anyone who erects a commercial kennel, if in erecting the structure, or kennel, that 16 H 4rl1 person: (1) 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-foot setback were used, and provides sufficient sound-retardant materials to produce no more than the same decibel level than if a two-hundred-foot setback was maintained. ,The decibel level shall be measured both at the kennel and at the residential structure, or in the alternative. (2) Provides visual and sound standards that in the opinion of the director of planning and development services are equal to or greater than those required by the provisions of (1) above. (d) The residence of a commercial kennel operator or owner shall not be deemed a residential structure as applied in the language of this section. (e) 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 kennel 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 separation of the kennel use and the use of buildings for human habitation. (f) Enforcement. The director of planning and development services shall not approve for issuance any building permit until he has insured himself that the provisions of this section have been met. SECTION 25: That section 5-63 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-63. Application procedure for inspection permits. Any person desiring the issuance of an inspection permit for a commercial kennel within the city of Santa Ana shall make application to the finance department of the city on such forms as may be provided. 17 4:/3 upon such application being made, a non-refundable payment of fifty 40llars ($50.00) shall be made. Said payment is intended to defray the expense of the city in causing the inspection to be ~ made. The city shall cause an inspection to be made of the premises intended to be used or being used as a commercial kennel. If such inspection reveals that the use of the premises for any such purpose would not be detrimental to the public health, peace, safety, and general welfare of the city nor violative of any law or ordinance of the city, nor of any law of the state of California, or allow a condition to be maintained which would subject animals in such condition to needless SUffering, unnecessary cruelty, abuse, or unsanitary conditions, the city may grant and issue said inspection permit. SECTION 26: 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 issued for any premises within the city shall expire annually, unless sooner revoked or suspended for cause by the animal control officer or unless the establishment ceases business. SECTION 27: That section 5-69 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 5-69. General requirements for the maintenance of animals and birds. (a) The premises where animals and birds are kept shall be ventilated to the external air by forced draft ventilation or other approved means and shall be adequately lighted. (b) All premises, implements, cages, and appurtenances shall be kept clean, sanitary, and free of animal and bird parasites and other health hazards. (c) Properly plumbed, sewer-connected sinks having an adequate supply of hot and cold water readily accessible to the portions of the premises in which the animals or birds are kept shall be 18 4tl5 provided. (d) All garbage, excreta, refuse, dead birds or animals, and other putrescible material shall be stored in a durable, fly-tight container and disposed of as soon as practicable, but not less than once a week, and in an approved manner. (e) All cages in which birds or animals are kept shall be constructed of durable material and in such a manner as to be readily cleaned and disinfected with approved solutions, live steam, or other approved means. (f) Cages in veterinary clinics and hospitals shall be similarly designed and constructed and, in addition, each occupied cage shall be cleaned and disinfected at least once each day. Animals receiving medical care and quarantined animals shall not be co-mingled. SECTION 28: That section 5-72 of the Santa Ana Municipal Code is hereby amended to read as follows: sec. 5-72. Vicious dogs. (a) Whenever a dog has bitten, attempted to bite, broken the skin or otherwise injured any person or other dog without provocation, the animal control off icer shall investigate the dog's alleged behavior, and if he/she finds that such dog has done any of the acts alleged he/she shall declare the dog a vicious dog and he/she shall deliver in writing to the owner or custodian of such dog a statement of the facts and circumstances concerning the dog's behavior. (b) No person shall keep or harbor any vicious dog within the city, nor shall permit such dog to be at large after he has been notified by the animal control officer that the dog is vicious, unless he meets the following requirements: (1) The owner of such dog shall immediately keep such dog in a dog run which is totally enclosed or kept under other adequate control as approved by the animal control officer. If any of these means of restraint is impossible or impractical, such dog shall be impounded in the city or county pound, at the owner's expense, as the case may be, until such time as the owner of such dog shall provide for the restraint of the dog either in a dog run which is 19 4tl.7 totally ,enclosed or kept under other adequate control as approved by the animal control officer. (2) In the event that such owner fails to provide adequate restraint or control of the dog within a reasonable time, such dog may be destroyed or otherwise disposed of so that it will not become a menace to the public. (3) The owner shall post, and keep posted, in conspicuous view upon the premises where such dog is kept under restraint, as provided in this chapter, a notice in letters not less than two inches in height which shall contain the words: BEWARE OF VICIOUS DOG (c) Any person keeping or harboring any vicious dog within the city must provide proof of his/her ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) worth of coverage for bodily injury to or death of any person or persons or for damage to property owned by any other person which nay 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 insurance 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 bonds will be made unless thirty (30) days written notice is first given to the animal control officer. (d) Failure of any owner or custodian of a V1C10US dog to comply with the provisions of this section shall render such vicious dog subject to summary destruction if found at large. SECTION 29: 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 20 4ti9 r- SECTION 30: 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 provision 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 1st day of July 1991. pc ~.~ Mayor ATTEST: c COUNCILMFMBERS: Young Pulido Acosta Griset McGuigan Norton Richardson Aye ~ ~ Absent ~ 8::Le ~ APPROVED AS TO FORM: ~ 21 I I 480 CERTIFICATE OF ORIGINALITY & PUBLICATION state of California County of Orange " I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance NS - 01 / ~ c./ to be the original ordinance adopted by the City Council of the City of Santa Ana on 7- J- 9/ ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date "