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(4) Failure of the owner and/or custodian to request a hearing pursuant to <br />subsection (a)(3) of this section or failure to comply with the conditions and <br />restrictions of the declaration shall result in the declaration becoming final <br />and may result in the destruction of the dog. <br />(5) The possession or maintenance of a "vicious dog or potentially dangerous <br />dog," or the allowing of any such dog to be in contravention of this division, <br />is hereby declared to be a public nuisance. The Santa Ana Police <br />Department is hereby authorized and empowered to impound and/or abate <br />any "vicious dog or potentially dangerous dog" independently of any criminal <br />prosecution or the results thereof by any means reasonably necessary to <br />ensure the health, safety and welfare of the public, including, but not limited <br />to, the destruction of the dog or by the imposition upon the owner and/or <br />custodian of specific reasonable restrictions and conditions for the <br />maintenance of the dog. The restrictions and conditions may include but are <br />not limited to: <br />a. Obtaining and maintaining liability insurance in the amount of one <br />hundred thousand dollars ($100,000.00) against bodily injury or death <br />or damage to property and furnishing a certificate or proof of <br />insurance by which the Santa Ana Police Department shall be <br />notified at least ten (10) days prior to cancellation or nonrenewal or, <br />at the owner's or custodian's option, the filing with the Santa Ana <br />Police Department of proof of a bond in the amount of one hundred <br />thousand dollars (100,000.00), to be able to respond in damages. <br />b. Requirements as to size, construction and design of the dog's <br />enclosure. <br />C. Location of the dog's residence. <br />d. Requirements as to type and method of restraints and/or muzzling of <br />the dog. <br />e. Photo identification or permanent marking of the dog for purposes of <br />identification, such as a tattoo or microchip, may be required. <br />Requirements as to the posting of a warning notice or notices <br />conspicuous to the public warning persons of the presence of a <br />vicious dog. <br />g. Payment of a fee or fees as established by resolution of the City <br />Council to recover the costs of enforcing the provisions of this Code <br />as applied to the regulation of vicious dogs. <br />Ordinance No. NS-2818 <br />Page 4 of 11