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50A - ORD - VICIOUS DOG
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02/21/2017
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50A - ORD - VICIOUS DOG
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Last modified
2/17/2017 6:53:19 AM
Creation date
2/16/2017 5:19:22 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Attorney's Office
Item #
50A
Date
2/21/2017
Destruction Year
2022
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LAR 2/21/17 <br />ORDINANCE NO, NS -XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF SANTA ANA AMENDING SANTA ANA <br />MUNICIPAL CODE SECTION 5-72.1 DEFINTIONS <br />REGARDING POTENTIALLY DANGEROUS AND <br />VICIOUS DOG <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. On July 25, 2016, the California Legislature amended section <br />31603 of the Food and Agriculture Code to remove dogs seized <br />pursuant to specified animal cruelty laws from the definition of a <br />vicious dog. The amendment became effective January 1, 2017. <br />B. Santa Ana Municipal Code section 5-72.1 includes the same <br />definition of vicious dog that was contained in California Food and <br />Agriculture Code section 31603. As of January 1, 2017, such <br />provisions are no longer consistent with state law. <br />C. The City Council of the City of Santa Ana wants to amend Santa <br />Ana Municipal Code section 5-72.1 to be consistent with state law. <br />Section 2. Chapter 5, Article II, Section 5-72.1 is hereby amended to read <br />as follows (old language is stricken): <br />Sec. 5 -72.1 -Definitions <br />(a) Potentially dangerous dog means any of the following: <br />(1) Any dog which, when unprovoked, after two (2) separate <br />documented bites within the prior 36 -month period, engages in any <br />behavior that requires a defensive action by any person to prevent <br />bodily injury whether the person and the dog are on or off the <br />property of the owner or custodian of the dog. <br />(2) Any dog which, when unprovoked, bites a person causing any <br />injury less severe than a "severe injury." Severe injury means any <br />physical injury to a human being that results in muscle tears or <br />
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