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Section 10 -704. — Penalties for violation. <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 period of <br />not more than six months, or by a fine not exceeding five hundred dollars ($500), <br />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 both <br />imprisonment and a fine not exceeding five hundred dollars ($500). Upon a <br />second conviction, however, the person shall not be released on probation, <br />parole, or any other basis until he or she has served not less than ten (10) days. <br />(3) Upon a third or subsequent conviction, by imprisonment in a county <br />jail for a period of not less than ninety (90) days and not more than six months, or <br />by both imprisonment and a fine not exceeding five hundred dollars ($500). <br />Upon a third or subsequent conviction, however, the person shall not be released <br />on probation, parole, or any other basis until he or she has served not less than <br />ninety (90) days. <br />Section 10 -705. — Other prosecution authorized. <br />Nothing in this ordinance shall preclude or prohibit prosecution under any <br />other provision of law, which includes but is not limited to prosecution of parole <br />and /or probation violations. <br />Section 10 -706. — Severability. <br />If any section, subsection, paragraph, 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 portion shall be deemed severable and <br />such holding shall not affect the validity of the remaining portions of this ordinance. <br />The City Council of the City of Santa Ana hereby declares that it would have <br />adopted this ordinance and each section, subsection, sentence, clause, phrase or <br />portion thereof irrespective of the fact that any one or more sections, subsections, <br />sentences, clauses, phrases, or portions be declared invalid or unconstitutional, <br />and declares that the invalid portions should be severed and the balance of the <br />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 />hereby declares that it would have adopted this ordinance and each section, <br />subsection, sentence, clause, phrase or portion thereof irrespective of the fact that <br />Ordinance No. NS -XXX <br />Page 6 of 9 <br />11 A -6 <br />