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(b) Any person violating any of the provisions of subsection (a) of this section shall be deemed guilty of an infraction, and upon conviction thereof shall be punishable as follows: by a fine of ten dollars ($10.00), except that upon a second conviction within one (1) year of a prior con- viction for violation of said subsection, punishment shall be a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). However, the maximum fine herein provided shall not apply to any person allowing a vicious dog to be at large after such person has been notified by the animal control man, by written notice, following the biting of a human being, to keep said dog at all times restrained as provided for in section 5-60. (c) No person owning, keeping or harboring any unspayed female dog shall permit such dog to be at large, be led on a leash, or tied or maintained at any place that is not securely fenced in a manner to keep out all other dogs while such female dog is in heat or breeding condition. Every female dog kept in violation hereof is declared to be a public nuisance and may be taken up, impounded, and delivered to the county pound and there released or disposed of as provided for in this article. The provision for impounding shall be in addition to any punishment for the violation of this subsection. (d) Any person violating the provisions of subsection (c) of this section shall be deemed guilty of an infraction, and, upon conviction thereof shall be punishable as follows: by a fine of twenty-five dollars ($25.00), except that upon a sec- ond conviction within one year of a prior conviction for viola- tion of said subsection, punishment shall be a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be n~mbered 5-100, to read as follows: Sec. 5-100. Penalties Except as otherwise provided therein, a violation of any section of this chapter restrict~n? or otherwise regulating the care, maintenace, and control of]animals is an infraction and upon a conv~ thereof shalltbe punishable by a fine not to exceed one h~ndred dollars ($100.00). Each day upon which a violation occurs shall constitute a separate violation. This section shall not apply to public officials in the exercise of their official duties. 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 deci- sion 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, clauses, phrases or portions be declared invalid or unconstitutional. -3-