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(3) The length of the tether or implement used to restrain the <br /> dog is not less than three (3) times the length of the dog's <br /> body measured from the tip of the dog's nose to the end of <br /> the dog's tail; <br />(4) The tether or implement used to restrain the dog is free from <br /> entanglement; <br />(5) The dog has access to water, food, and shelter as described <br /> in this section; <br />(6) The dog is monitored periodically. <br />(e) Exceptions. These provisions of this section shall not apply to the <br />following: <br />(1) Government agencies; <br />(2) Non-profit animal rescue organizations exempt from taxation <br /> under Internal Revenue Code Section 501(c)(3); <br />(3) Humane societies or societies for the prevention of cruelty to <br /> animals if incorporated under the provisions of the California <br /> Corporations Code Section 10400 and the Nonprofit Public <br /> Benefit Corporation Law in Part 2 of the California <br /> Corporations Code, beginning at Section 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 failure <br />to exercise due care, having custody or control of any dog to permit that <br />dog to defecate in a public area, any area open to the public, or any <br />private property without the property owner's consent, without immediately <br />removing the feces and disposing of it in a sanitary manner. <br />Section 7. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of <br />the remaining portions of this ordinance. The City Council of the City of Santa <br />Ana hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause, phrase or portion thereof irrespective of the fact <br />that any one or more sections, subsections sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br />Ordinance No. NS-xxxx <br />Page 6 of 8 <br />11 A-6 <br />