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subsection (a) to fail to comply with any requirements or conditions imposed pursuant to <br />subsection (a)(5) of this section. If a vicious or potentially dangerous dog escapes, the <br />owner and/or custodian shall immediately notify the Santa Ana Police Department. The <br />dog shall be seized by the Santa Ana Police Department pending an investigation and <br />may be destroyed. <br />Section 6. Section 5-72.1 of Chapter 5 of the Santa Ana Municipal Code is <br />added to read as follows: <br />Sec. 5-72.1. Definitions. <br />(a) Potentially dangerous dog means any of the following: <br />(1) Any dog which, when unprovoked, after two (2) separate documented bites <br />within the prior thirty-six-month period, engages in any behavior that requires <br />a defensive action by any person to prevent bodily injury whether the person <br />and the dog are on or off the property of the owner or custodian of the dog. <br />(2) Any dog which, when unprovoked, bites a person causing any injury less <br />severe than a "severe injury." Severe injury means any physical injury to a <br />human being that results in muscle tears or disfiguring lacerations or <br />requires multiple sutures or corrective or cosmetic surgery. <br />(3) Any dog which, when unprovoked, has killed, seriously bitten, inflicted injury, <br />or otherwise caused injury attacking a domestic animal, horse, or livestock. <br />(b) Vicious dog means any of the following: <br />(1) Any dog seized as a "fighting animal" under section 599aa of the Penal <br />Code and upon the sustaining of a conviction of the owner or custodian of a <br />fighting animal as set forth in subdivision (a) of Section 597.5 of the Penal <br />Code. <br />(2) Any dog which, when unprovoked, in an aggressive manner, inflicts severe <br />injury on or kills a human being, whether the person and the dog are on or <br />off the property of the owner or custodian of the dog. <br />(3) Any dog previously determined to be and currently listed as a potentially <br />dangerous dog, which, after its owner or keeper has been notified of this <br />determination, continues the behavior of a "potentially dangerous dog" as <br />set forth above, or is maintained in violation of the conditions and restrictions <br />placed upon the dog as a "potentially dangerous dog." <br />Ordinance No. NS-XXX <br />Page 7 of 12 <br />11 A-7