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<br />taken before a magistrate, the executive director of the community <br />development agency or designee shall prepare a written notice to appear <br />and release the person on his or her promise to appear as prescribed by <br />Chapter 5C, Title III, Part 2 of the Penal Code of the State of California <br />(commencing with Section 853.5). <br /> <br />Section 3. If any section, subsection, sentence, dause, 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 <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or portion thereof irrespective of the fact that anyone or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional. <br /> <br />ADOPTED this - day of <br /> <br />,2004. <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attomey <br /> <br />By: <br />Paula Coleman <br />Assistant City Attomey <br /> <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br /> <br />11 B-2 <br />