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(3) Easily accessible to the dog; <br />(4) Maintained in a sanitary condition; <br />(d) Tethering Requirements. It shall be unlawful for any person to <br />tether, fasten, chain, tie, restrain or cause a dog to be <br />fastened, chained, tied or restrained to a house, tree, garage, <br />stake, fence, or other object except in circumstances where all <br />of the following requirements are met: <br />(1) The tethering, fastening, chaining, tying, and restraining <br />is not accomplished by means of using a choke type of <br />collar; <br />(2) The tethering, fastening, chaining, tying or restraining <br />does not last longer than is reasonably necessary for <br />the person to complete a temporary task; <br />(3) The length of the tether or implement used to restrain <br />the dog is not less than three (3) times the length of the <br />dog's body measured from the tip of the dog's nose to <br />the end of the dog's tail; <br />(4) The tether or implement used to restrain the dog is free <br />from entanglement; <br />(5) The dog has access to water, food, and shelter as <br />described in this section; <br />(6) The dog is monitored periodically. <br />(e) Exceptions. These provisions of this section shall not apply to <br />the following: <br />(1) Government agencies; <br />(2) Non-profit animal rescue organizations exempt from <br />taxation under Internal Revenue Code Section 501(c)(3); <br />(3) Humane societies or societies for the prevention of <br />cruelty to animals if incorporated under the provisions <br />of the California Corporations Code Section 10400 and <br />the Nonprofit Public Benefit Corporation Law in Part 2 of <br />the California Corporations Code, beginning at Section <br />5110; or <br />(4) Permitted dog or cat shows. <br />Section 6. Section 5-77 is added to Chapter 5 of the Santa Ana Municipal <br />Code to read in full as follows: <br />Section 5-77. Dogs to be curbed. <br />It shall be unlawful for any person, whether willful or as a result of <br />failure to exercise due care, having custody or control of any dog to <br />permit that dog to defecate in a public area, any area open to the <br />public, or any private property without the property owner's consent, <br />without immediately removing the feces and disposing of it in a <br />sanitary manner. <br />Ordinance No. NS-xxxx <br />Page 6 of 8 <br />50A-8 <br />