HomeMy WebLinkAboutNS-2669 - Prohibiting the Display of Wild or Exotic Animals at Circuses or Carnivals
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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.
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B.
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.
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.
(c)
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(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.
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)
(e)
(f)
(g)
(h)
(i)
U)
(k)
(I)
(m)
(n)
(0)
(p)
Domesticated animal means any dog, housecat (felis catus), livestock,
rabbit, poultry or bird.
Dog includes any male, female, or neuter domesticated member of the
species canis familiaris, but excludes other members of the family
canidae.
Estray means any animal found running at large upon any land within the
city.
Fowl means any larger domestic bird generally used for food and includes,
but is not limited to, the chicken, duck, goose and turkey.
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.
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.
Premises means a parcel of land.
Quarantine means the isolation of any animal within a substantial
enclosure to avoid its contact with other animals or unauthorized persons.
Running at large means free of restraint beyond the boundaries of the
premises of the owner or custodian.
Vaccination means a protective inoculation against rabies with an anti-
rabies vaccine recognized and approved by the Orange County Health
Department.
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.
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.
Exotic animal means nonhuman primates and prosimians (such as
chimpanzees, monkeys); felids, except domesticated cats; ursids (bears);
Ordinance No. NS-2669
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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
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(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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Ordinance No. NS-2669
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
AYES:
Councilmembers:
Alvarez, Bist. Christy, Franklin. Garcia, Pulido.
Solorio (7)
NOES:
Councilmembers:
None (0)
None (0)
ABSENT:
Council members:
ABSTAIN:
Councilmembers:
None (0)
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 October 18. 2004, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Clerk of the Council
City of Santa Ana
Date: /02-/ <9 Y
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