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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MARCH 7, 2017 <br />TITLE: <br />SECOND READING ORDINANCE: AMEND <br />SANTA ANA MUNICIPAL CODE SECTION <br />5 -72.1 DEFINTIONS REGARDING <br />POTENTIALLY DANGEROUS AND <br />VICIOUS DOG TO BE COMPLIANT WITH <br />CURRENT STATE LAW {STRATEGIC PLAN <br />NO. 5, 6F} <br />CITE, MANAGER <br />RECOMMENDED ACTION <br />Place ordinance on second reading and adopt. <br />DISCUSSION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ <br />As Recommended <br />❑ <br />As Amended <br />I] <br />Ordinance on 16' Reading <br />❑ <br />Ordinance on 2nd Reading <br />© <br />Implementing Resolution <br />[] <br />Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />On February 21, 2017, the following ordinance was introduced for first reading and City Council <br />authorized publication of title by a vote of 7 -0: <br />ORDINANCE NO. NS -2912 - AMEND SANTA ANA MUNICIPAL CODE SECTION 5 -72.1 <br />DEFINTIONS REGARDING POTENTIALLY DANGEROUS AND VICIOUS DOG TO BE <br />CONSISTENT WITH CURRENT STATE LAW <br />On July 25, 2016, the California Legislature amended Section 31603 of the Food and Agriculture <br />Code to remove dogs seized pursuant to specified animal cruelty laws from the definition of a <br />vicious dog. The amendment became effective January 1, 2017. The Santa Ana Municipal Code <br />provision defining a vicious dog includes the same provisions that were in state law for dogs <br />seized pursuant to animal cruelty laws. As of January 1, 2017, such provisions are no longer <br />consistent with state law. Staff recommends amending Santa Ana Municipal Code section 5 -72.1 <br />to remove from the definition of a "vicious dog" reference to any dog seized as a "fighting animal" <br />under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or <br />custodian of a fighting animal as set forth in Subdivision (a) of Section 597.5 of the Penal Code. <br />STRATEGIC PLAN ALIGNMENT <br />Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, <br />Engagement & Sustainability, Objective 6 (focus projects and programs on improving the health <br />and wellness of all residents.), Strategy F (incorporate health, wellness, and equity into all <br />applicable policies and plans). <br />11 A -1 <br />