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Ana constitutes a public nuisance. Every day the barking dog violation exists shall be regarded as a new and separate offense. Section 5-75. Enforcement-Barking Dog (a) Any enforcement officer has the authority to issue an administrative citation pursuant to the procedures set forth in sections 1-21.1-21.9 of this Code to any responsible person for a barking dog violation that the Enforcement Officer did not see or hear based upon a complaint, signed under penalty of perjury, lodged by a member of the community who has been disturbed by the barking dog. All barking dog complaints shall be lodged with the Santa Ana Police Department. (b) Prior to issuing the administrative citation to the responsible person, the enforcement officer shall send a warning notice via first class mail or shall personally serve upon the responsible person a warning notice giving the responsible person ten (10) days from the date of mailing or date of personal service in which to abate the public nuisance caused by the barking dog. (c) The administrative citation shall contain the information set forth in section 1-21.5 of this Code. (d) The responsible person shall have the right to appeal the administrative citation as set forth in Section 1-21.8 of this Code. (e) The procedures established in this section may be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the municipal code. Section 5. Section 5-76 is added to Chapter 5 of the Santa Ana Municipal Code to read in full as follows: Section 5-76. Care and maintenance of dogs. (a) Shelter Requirements. It shall be unlawful for any person to keep, house, or maintain any dog outdoors on any premises within the City of Santa Ana unless the dog has access at all times to an enclosed building or a shelter which meets all of the following requirements: (1) It is weatherproof meaning that it keeps the dog dry when it rains and provides sufficient protection from the sun so that the dog will not overheat; (2) It has a floor that is level and dry; (3) It is composed of material that will not result in injury to the dog; (4) It is maintained in a condition that will not result in injury to the dog; (5) It contains bedding material which is kept clean and dry; (6) It allows the dog easy access in and out; (7) It is cleaned and maintained in a manner designed to insure sanitary conditions, including but not limited to, removal of excrement, removal of urine, and treatment of area for flies, fleas, ticks, and parasites as necessary. Ordinance No. NS-2754 Page 4 of 7