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<br /> <br /> <br /> Section 10-704. - Penalties for violation. <br /> <br /> Punishment for a violation of this section shall be as follows: <br /> (1) Upon a first conviction, by imprisonment in a county jail for a <br /> period of not more than six months, or by a fine not exceeding five hundred <br /> dollars ($500), or by both imprisonment and a fine. <br /> (2) Upon a second conviction, by imprisonment in a county jail for a <br /> period of not less than ten (10) days and not more than six months, or by <br /> both imprisonment and a fine not exceeding five hundred dollars ($500). <br /> Upon a second conviction, however, the person shall not be released on <br /> probation, parole, or any other basis until he or she has served not less <br /> than ten (10) days. <br /> (3) Upon a third or subsequent conviction, by imprisonment in a <br /> county jail for a period of not less than ninety (90) days and not more than <br /> six months, or by both imprisonment and a fine not exceeding five hundred <br /> dollars ($500). Upon a third or subsequent conviction, however, the person <br /> shall not be released on probation, parole, or any other basis until he or <br /> she has served not less than ninety (90) days. <br /> Section 10-705. - Other prosecution authorized. <br /> Nothing in this ordinance shall preclude or prohibit prosecution <br /> under any other provision of law, which includes but is not limited to <br /> prosecution of parole and/or probation violations. <br /> Section 10-706. - Severability. <br /> If any section, subsection, paragraph, sentence, clause, phrase or <br /> portion of this ordinance is for any reason held to be invalid or <br /> unconstitutional by the decision of any court of competent jurisdiction, such <br /> portion shall be deemed severable and such holding shall not affect the <br /> validity of the remaining portions of this ordinance. The City Council of the <br /> City of Santa Ana hereby declares that it would have adopted this ordinance <br /> and each section, subsection, sentence, clause, phrase or portion thereof <br /> irrespective of the fact that any one or more sections, subsections, <br /> sentences, clauses, phrases, or portions be declared invalid or <br /> unconstitutional, and declares that the invalid portions should be severed <br /> and the balance of the ordinance be enforced. <br /> Section 3. If any section, subsection, sentence, clause, phrase or portion of <br /> this ordinance is for any reason held to be invalid or unconstitutional by the decision <br /> of any court of competent jurisdiction, such decision shall not affect the validity of the <br /> remaining portions of this ordinance. The City Council of the City of Santa Ana <br /> Ordinance No. NS-XXX <br /> Page 6 of 9 <br /> 5OA-40 <br />