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be taken before a magistrate, said officer or employee making the arrest shall prepare a <br />written notice to appear and release the person on his or her promise to appear as <br />prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California <br />(commencing with Section 853.5). <br />Section 6. Any provision of the Code that is inconsistent with the provisions of <br />this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed <br />or modified to that extent necessary to effect the provisions of this Ordinance. <br />Section 7. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it <br />would have adopted this ordinance and each section, subsection, sentence, clause, phrase <br />or 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 />Section 8. This ordinance shall become effective thirty days after its adoption by <br />the City Council. <br />ADOPTED this __ _, day of 2016 <br />APPROVVP AS TO FORM: <br />Sonia R. firvalJjo,,PityAttorney <br />SaDdra`M. Schwarzmann <br />Senior Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />Miguel A. Pulido <br />Mayor <br />11 A -4 <br />