HomeMy WebLinkAbout11A - ORDINANCE NO. NS-2669
ORDINANCE NO. NS-2669
AN ORDINANCE OF THE CITY OF SANTA ANA CHAPTER 5 OF THE
SANTA ANA MUNICIPAL CODE PROHIBITING THE DISPLAY OF WilD
OR EXOTIC ANIMALS AT CIRCUSES OR CARNIVALS
THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOllOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. It is the intent of the City of Santa Ana to protect the public against health
and safety risks that the use and display of exotic animals in temporary
outdoor facilities for entertainment poses to the community as well as to
protect the welfare of the individual animals.
B. All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of section 418 of
the Charter of the City of Santa Ana. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with
the Charter.
Section 2: 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.
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(d) Domesticated animal means any dog, housecat (felis catus),
livestock, rabbit, poultry or bird.
(e) Dog includes any male, female, or neuter domesticated member of
the species canis familiaris, but excludes other members of the
family canidae.
(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.
(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.
U) 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.
(I) Running at large means free of restraint beyond the boundaries of
the premises of the owner or custodian.
(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
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failure to maintain control.
(p) Exotic animal means nonhuman primates and prosimians (such as
chimpanzees, monkeys); felids, except domesticated cats; ursids
(bears); elephants; crocodilians (such as alligators and crocodiles);
ungulates (such as hippopotamus, rhinoceros, giraffes, zebra); and
camels. These terms shall apply whether the animal is bred in the
wild or in captivity. It is not the intent of this definition to include
domesticated species such as horses, cows, sheep, or llamas
among the animals listed above.
Section 3: That section 5-8 of the Santa Ana Municipal Code is hereby amended to
read as follows:
Sec. 5-8. Wild Animals--Permit--Exception.
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 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 wild animals in bona
fide, licensed veterinary hospitals for treatment.
Section 4: That section 5-8.5 is hereby added to the Santa Ana Municipal
Code to read as follows:
Sec. 5-8.5 Wild or Exotic Animals - Circus or Carnival - Exception
(a) It shall be unlawful for any person to keep or display a wild animal
or exotic animal at a circus or carnival or similar use, including but not limited to
temporary outdoor activities regulated by chapter 41 of this code.
(b) This section shall not apply to any wild animals or exotic animals
which are kept or displayed at a zoo or museum, or similar use as determined by
the animal control officer.
Section 5. 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.
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ADOPTED this
day of
,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that
the attached Ordinance No. NS-2669 to be the original ordinance adopted by the
City Council of the City of Santa Ana on , and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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