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Home My WebLink About50A - ORD POLICE CANINES DEFINITIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 3, 2018 TITLE: ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION 10-152 RELATED TO POLICE CANINES TO EXPAND THE DEFINITION TO "POLICE ANIMALS" (STRATEGIC PLAN GOAL 1, 5). RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve first reading of an ordinance amending Article I of Chapter 10, Section 152 of the Santa Ana Municipal Code regarding Crimes and Miscellaneous Law Enforcement Provisions, amending the protections for Police Canines to include all Police Animals, including horses. On April 5, 1982 City Council approved Ordinance No. NS -1625 adding Section 10-152 to Chapter 10 of the Santa Ana Municipal Code. The original version was developed for the purpose of regulating willful or malicious acts against police canines in the performance of any duty with the Santa Ana Police Department ("SAPD"). Currently the City's Police Department utilizes six (6) police K -9's and (1) bloodhound. Each day there are (2) K-9 units deployed citywide to assist SAPD and other agencies. In addition to police canines who serve the City, the SAPD will celebrate the 30'" year anniversary of the Mounted Unit in 2018. The Mounted Unit is comprised of a herd of 8 to 10 horses with access to another 30 horses from the Orange County Regional team to assist with special events, protests, and crowd control. The Mounted Unit patrols Santa Ana parks, shopping areas, and the Downtown District. The horses are ambassadors to both Santa Ana residents and visitors. Specifically, the unit provides active enforcement assisting with quality of life issues, preventing physical altercations and criminal activity, and dealing with large crowds, which is their strongest asset. The horses are able to go where police vehicles cannot drive and the majestic demeanor allows crowds to be dispersed quickly. 50A-1 Police Animals Ordinance April 3, 2018 Page 2 The Mounted Unit consistently receives positive feedback from the community and is an added resource to the Department's community policing program. In 2017, the Mounted Unit was deployed on 169 assignments. Each shift worked by the horse teams lasts up to eight (8) hours or more with two (2) horses deployed for each shift that equates to approximately 2700 hours of active service for Santa Ana. During their service to the City, police personnel have witnessed a wide range of acts against police service horses including the following: bottles thrown at the horses, individuals purposely kicking the horse's legs, taunting, screaming, striking the horse on its hind quarters, and other actions with the intent to spook the horses. While these events are not a daily occurrence, a frightened or hurt animal can cause injury to itself, the mounted officer, and place the public in harm's way due to the malicious actions of others. The City has evaluated the needs and concerns as it relates to the Mounted Enforcement Unit, and in particular, unlawful actions taken against the horses. In doing so, the City has determined the municipal code currently only addresses unlawful actions against. the City's police canines. The City has determined the current code section requires revision to enforce willful, malicious or harmful actions against the police horses that proudly service this community. Specific amendments made in this revision include: Article 1. In General, Sec, 10-152 — Unlawful Acts Toward Police Animals (a) No Person shall willfully or maliciously tease, harass, agitate, provoke, beat, strike, kick, disable, injure, kill, administer or disperse any desensitizing drug, chemical or substance, or in any way interfere or meddle with, any police animal. (b) As used in this section, "police animal" means any dog, horse or any other animal utilized by the police department or any officer or employee thereof, in the performance of any function or duty of said department, officer or employee. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety; Objective #5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT There is no fiscal impact associated with this action. Ch�leof Police Santa Ana Police Department 50A-2 TB 4.3.2018 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS 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 April 5,1982, the City Council approved Ordinance No. NS -1625 adding Section 10-152 to Chapter 10 of the Santa Ana Municipal Code for the purpose of regulating willful or malicious acts against police canines in the performance of any duty or function with the Santa Ana Police Department. B. The City's Police Department currently utilizes six (6) police K -9's and one (1) bloodhound. Each day, there are two (2) K-9 units deployed citywide to assist the Police Department and outside agencies, upon request. C. In addition to the police canines serving the City, the City's Police Department will celebrate the 30"' year anniversary of its Mounted Enforcement Unit in 2018. The Mounted Enforcement Unit is comprised of a stable of 8-10 horses with access to another 30 horses from the Orange County Regional team to assist with special events, protests and crowd control. The Unit patrols Santa Ana parks, shopping areas, and the Downtown District. The horse teams provide active enforcement assisting with quality of life issues; preventing physical altercations and criminal activity, and dealing with crowd control as their strongest asset. The horses are able to go where officers cannot drive and their calm majestic demeanor allows crowds to be dispersed quickly. D. In 2017, the Unit was deployed on 169 assignments. Each shift lasts up to eight (8) hours with two (2) horses for each deployment that equate to approximately 2700 hours of active service. E. In their service to the City, police personnel have witnessed acts against police service horses including the following: bottles thrown at them; individuals purposely kicking their legs; taunting, screaming, striking the horse on its hind quarters or similar actions in an attempt to spook the horse; extinguishing a burning cigarette on the horse; and punching a police horse in the face causing the horse to try and escape only to slip and fall onto the sidewalk. While these events are not a daily occurrence, a frightened or hurt Ordinance No. NS-XXXX Page 1 of 3 y 1 J animal can cause injury to itself, the mounted officer, and place the public in harm's way due to these willful and malicious actions. F. The horses are a favorite amongst local business owners and act as ambassadors to both Santa Ana residents and visitors. The Mounted Enforcement Unit has received positive reaction from the community and is credited with creative policing within the City. Santa Ana police horses provide a way for residents and visitors to approach officers for various needs, when they perhaps would not ordinarily make the effort to do so. G. The City has evaluated the needs and concerns as it relates to the City's Mounted Enforcement Unit and in particular unlawful actions taken against the horses. In doing so, the City has determined the municipal code currently only addresses unlawful actions against the City's police canines. The City has determined the current code section requires revision to enforce willful, malicious or harmful actions against the police horses that serve this community. Section 2. Section 10-152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE I. IN GENERAL Sec. 10-152. — P-elise GaRiRes Unlawful Acts Toward Police Animals (a) No person shall willfully or maliciously tease, harass, agitate, provoke, beat strike, kick, disable, injure, kill, administer or disperse any desensitizing drug, chemical or substance, or aawarraaiably in any way interfere or meddle with, any police eanine animal. (b) As used in this section, "police ranine animal" means any dog, horse or any other animal utilized by the police department or any officer or employee thereof, in the performance of any function or duty of said department, officer or employee. Section 3. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 3 ADOPTED this _day of April, 2018. Miguel A. Pulido Mayor APPROVEDAS TO FORM: S nia Carvalh ,City Attorney B!IPTaifiara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: 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 -XXX 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: Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -x)= Page 3 of 3 41A