HomeMy WebLinkAboutNS-2912 - Amending Santa Ana Municipal Code Section 5-72.1 Regarding Potentially Dangerous and Vicious DogLAR 3/7/17
ORDINANCE NO. NS -2912
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE SECTION 5 -72.1 DEFINTIONS REGARDING
POTENTIALLY DANGEROUS AND VICIOUS DOG
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. On July 25, 2016, the California Legislature amended section 31603 of the
Food and Agriculture Code to remove dogs seized pursuant to specified animal
cruelty laws from the definition of a vicious dog. The amendment became
effective January 1, 2017.
B. Santa Ana Municipal Code section 5 -72.1 includes the same definition of
vicious dog that was contained in California Food and Agriculture Code section
31603. As of January 1, 2017, such provisions are no longer consistent with
state law.
C. The City Council of the City of Santa Ana wants to amend Santa Ana
Municipal Code section 5 -72.1 to be consistent with state law.
Section 2. Chapter 5, Article II, Section 5 -72.1 is hereby amended to read as
follows:
Sec. 5- 72.1 - Definitions
(a) Potentially dangerous dog means any of the following:
(1) Any dog which, when unprovoked, after two (2) separate documented bites
within the prior 36 -month period, engages in any behavior that requires a
defensive action by any person to prevent bodily injury whether the person and
the dog are on or off the property of the owner or custodian of the dog.
(2) Any dog which, when unprovoked, bites a person causing any injury less
severe than a "severe injury." Severe injury means any physical injury to a
human being that results in muscle tears or disfiguring lacerations or requires
multiple sutures or corrective or cosmetic surgery.
Ordinance No. NS -2912
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(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury,
or otherwise caused injury attacking a domestic animal, horse, or livestock.
(b) Vicious dog means any of the following:
(1) Any dog which, when unprovoked, in an aggressive manner, inflicts severe
injury on or kills a human being, whether the person and the dog are on or off the
property of the owner or custodian of the dog.
(2) Any dog previously determined to be and currently listed as a potentially
dangerous dog, which, after its owner or keeper has been notified of this
determination, continues the behavior of a "potentially dangerous dog" as set
forth above, or is maintained in violation of the conditions and restrictions placed
upon the dog as a "potentially dangerous dog."
(c) Provided, no dog may be determined to be a vicious dog if any such bite, threat,
injury or damage was sustained by a person who, at the time, was committing a
willful trespass upon the premises occupied by the owner or custodian of the dog, or
was committing or attempting to commit a crime upon the premises occupied by the
owner or custodian of the dog, or was teasing, tormenting, abusing or assaulting the
dog or who has, in the past, teased, tormented, abused or assaulted the dog.
(d) These definitions do not apply to dogs used in military or police work while they
are actually performing in that capacity.
Section 3. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable. The City
Council of the City of Santa Ana hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall
cause the same to be posted as required by law.
ADOPTED this 7?h day of March, 2017.
Ordinance No. NS -2912
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APPROVED AS TO FORM:
By: t 1 cn z - sc e ) cS✓ ��t L
Laura A. Rossini
Senior Assistant City Attorney
AYES: Councilmembers Benavides, Martinez, Pulido, Solorio, Tinaiero,
Villegas (6)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers Sarmiento (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2912 to be the original ordinance adopted by the City
Council of the City of Santa Ana on March 7, 2017, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Maria D. Huizar
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2912
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