HomeMy WebLinkAboutNS-2943 - Amending Section 10-152 to Santa Ana Municipal Code Related to Police Canines to Expand Definition of Code to Police AnimalsTB 4.3.2018
ORDINANCE NO. NS -2943
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 30th 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 animal can cause injury
Ordinance No. NS -2943
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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. —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.
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 them irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
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ADOPTED this 17th day of April, 2018.
APPROVED AS TO FORM:
S is Carvalho, City Attorney
By: Tamara Bogosian
Assistant City Attorney
AYES: Councilmembers: Benavides, Martinez, Sarmiento, Solorio
Tinalero Villegas (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Pulido (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 -2943 to be the original ordinance adopted by the City Council of the
City of Santa Ana on April 17th , 2018 ,and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: z
Maria D. Huizar
Clerk of the Council
City of Santa Ana
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