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<br />Ordinance No. NS-XXX <br />Page 11 of 12 <br /> <br /> <br />(10) No electric fence shall be energized during advertised business hours. <br /> <br />(11) Electric fences shall be identified by prominently placed warning signs that <br />are legible from both sides of the fence. At minimum, the warning signs shall <br />meet all of the following criteria: <br /> <br />(A) The warning signs are placed at each gate and access point, and at <br />intervals along the fence not exceeding thirty (30) feet. <br /> <br />(B) The warning signs are adjacent to any other signs relating to chemical, <br />radiological, or biological hazards. <br /> <br />(C) The warning signs are marked with written warning or a commonly <br />recognized symbol for shock, a written warning or a commonly <br />recognized symbol to warn people with pacemakers, and a written or <br />commonly recognized symbol about the danger of touching the fence in <br />wet conditions. <br /> <br />(12) Electric fences equipped with monitored alarm systems may require an alarm <br />use permit. <br /> <br />(13) Accessibility to emergency personnel and first responders must be <br />maintained through the use of a knox box or other access feature as <br />determined by the Orange County Fire Authority and the Santa Ana Police <br />Department. <br /> <br />(14) The applicant and property owner shall enter into an agreement holding the <br />City of Santa Ana harmless from all legal actions that may arise due to the <br />operation of the electrified fence. The agreement shall be recorded with the <br />property and shall release the City of Santa Ana from all liability whatsoever. <br /> <br /> Section 16. The City Council finds and determines that this ordinance is not <br />subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the <br />CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant <br />to Sections 15060(c)(2) and 15060(c)(3) because it will not result in a direct or reasonably <br />foreseeable indirect physical change in the environment, as there is no possibility it will <br />have a significant effect on the environment and it is not a "project", as defined in Section <br />15378 of the CEQA Guidelines. <br /> <br />Section 17. The City Council hereby declares, based on the findings set forth <br />above, the urgency exists and that this Ordinance is necessary and appropriate to <br />preserve the public health, safety, and welfare. <br /> <br />Section 18. This ordinance shall become effective immediately upon its adoption. <br /> <br />Section 19. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining