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(c) Provided, no dog may be determined to be a vicious dog if any such bite, <br />threat, injury or damage was sustained by a person who, at the time, was committing a <br />willful trespass upon the premises occupied by the owner or custodian of the dog, or was <br />committing or attempting to commit a crime upon the premises occupied by the owner or <br />custodian of the dog, or was teasing, tormenting, abusing or assaulting the dog or who <br />has, in the past, teased, tormented, abused or assaulted the dog. <br />(d) These definitions do not apply to dogs used in military or police work while <br />they are actually performing in that capacity. <br />Section 7: That section 5-74 of the Santa Ana Municipal Code is hereby deleted <br />in its entirety: <br />Sec. 5-74. Reserved. <br />Section 8: That section 5-75 of the Santa Ana Municipal Code is hereby deleted <br />in its entirety: <br />Sec. 5-75. Reserved. <br />Section 9. Section 5-76 of Chapter 5 of the Santa Ana Municipal Code is <br />amended to read as follows: <br />Sec. 5-76. Care and maintenance of dogs. <br />(a) Shelter requirements. It shall be unlawful for any person to keep, house, or <br />maintain any dog outdoors on any premises within the City of Santa Ana unless the dog <br />has access at all times to an enclosed building or a shelter which meets all of the following <br />requirements: <br />(1) It is weatherproof meaning that it keeps the dog dry when it rains and <br />provides sufficient protection from the sun so that the dog will not overheat; <br />(2) It has a floor that is level and dry; <br />(3) It is composed of material that will not result in injury to the dog; <br />(4) It is maintained in a condition that will not result in injury to the dog; <br />(5) It contains bedding material which is kept clean and dry; <br />(6) It allows the dog easy access in and out; <br />Ordinance No. NS-XXX <br />Page 8 of 12 <br />11 A-8