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HomeMy WebLinkAboutNS-1466EJC:adg 11/7/78 ORDINA/gCE NO. NS- 1466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 5-1 THROUGH 5-67 OF THE SANTA ANA MUNICIPAL CODE RELATING TO ANIMAL CONTROL THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 5-1 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter. (a) Animal birds, includes, but is not limited to, fishes, reptiles and nonhuman mammals. (b) Commercial kennels means any lot, building, structure, or premises where more than two (2) dogs over the age of four (4) months are kept or maintained for any purpose, including, but not limited to boarding, training or breeding, exclusive of dental, medical, or surgical care, or for quarantine purposes. (c) Domesticated animal means any dog, housecat (felis catus), livestock, rabbit, or poultry. (d) ~o~ includes any male, female, or neuter omesticated member of the species Canis familiaris, but excludes other members of the family Canidae. (e) Estray means any animal found running at large upon any land within the city. (f) Livestock means any swine, sheep, goat, equine or bovine animal. (g) Owner means any person having title to any animal, or a person who has, harbors, or keeps, or who causes or permits to be harbored or kept, an animal in his care, or who permits an animal to remain on or about his premises for a period of seven (7) consecutive days. (h) Premises means a parcel of land. (i) Quarantine means the isolation of any animal within a substantial enclosure to avoid its contact with other animals or unauthorized persons. ORDINANCE NO. NS-1466 PAGE TWO (j) ~ at large means free of restraln~-beyond the boundaries of the premises of the owner or custodian. (k) Vaccination means a protective inoculation against rabies with an anti- rabies vaccine recognized and approved by the Orange County Health Department. (1) Vicious animal means any animal which has b~-~t~ or broken the skin of, or in any manner attacked or attempted to attack any person other than its owner within the City of Santa Aha; provided, however, that no animal which bites or breaks the skin of, or attacks, or attempts to attack any person unlawfully upon its owner's or keeper's premises, or which is provoked to attack, shall be deemed a vicious animal. (m) Wild animal means any animal which is either: (1) Not a domesticated animal, or (2) A vicious animal over which the owner has evidenced a failure to maintain control. SECTION 2: That section 5-2 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-2. Authority. (a) Subject to the provisions of California Code of civil Procedure sections 1822.50 et seq., the animal control officer is hereby authorized to enter upon any premises for the purpose of inspection upon reasonable cause to believe there is a violation of any provision of this chapter or any law of the state relating to the care, treatment, control, or prevention of cruelty to animals. (b) The animal control officer is hereby authorized, and it is declared to be his duty, to go upon unenclosed lots or lands for the purpose of taking up and into his custody for impounding any animal found estray or running at large thereon or chained, staked, herded, or grazed thereon contrary to the pro- visions of this chapter. (c) Except as otherwise provided by law, when any animal other than an animal abandoned by its owner, is impounded pursuant to this section, the animal control officer ORDINANCE NO. NS-1466 PAGE THREE shall, within twelve (12) working hours after impounding such animal, notify the owner, if known, of the location of such animal. Unless the owner is person- ally notified, such notification shall be by mail with postage fully prepaid thereon. (d) The animal control officer and his deputies are designated as the employees of the City of Santa Aha charged with the duty to enforce the provisions of this chapter, and are authorized to issue citations for vio- lations of said provisions in accordance with Section 836.5 of the Penal Code of the State of California. SECTION 3: That section 5-3 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-3. Penalties. Except as otherwise provided, a violation of any section of this chapter restricting or otherwise regu- lating the care, maintenance, and control of animals is an infraction and upon a conviction thereof shall be punishable by a fine not to exceed one hundred dollars ($100.00). Each day which a violation occurs shall constitute a separate ~ violation. This section shall not apply to public officials in the exercise of their official duties. SECTION 4: That section 5-4 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-4. Interference. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duties. SECTION 5: That section 5-5 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-5. Bird sanctuary. The City of Santa Aha is designated a bird sanctu- ary and signs bearing the legend "SANTA ANA IS A BIRD SANCTUARY" shall be placed at appropriate locations at or near the city limits at principal entrances to the city. No person shall kill or injure any species of wild birds or molest or damage the nest or the eggs of any wild birds within the city. It shall be unlawful for any person to willfully kill or injure any song bird, or to molest, or damage the nest of such bird. If the city council, the chief of police, or the animal control officer shall de- termine that starlings or other birds have become so numer- ous in any particular location or area as to be a public nuisance or for any other reason have become a public nuisance or a menace to health or property, said fact may be declared and the birds involved may be destroyed or otherwise controlled. ORDINANCE NO. NS-1466 PAGE FOUR SECTION 6: That section 5-6 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 5-6. Permit required for large number of fowl, etc. (a) No person shall keep more than fif- teen (15) in number of any fowl, bird, rabbit, rodent, or combination thereof within the City of Santa Ana unless a special permit shall be issued therefor by the animal control officer, subject to the rules or regulations provided in this section and only on approval of the Orange County Health Department and the city planning department. Permits may be revoked on any grounds which would be sufficient to deny issuance. Any person aggrieved by the action of the animal control officer in denying or re- voking a permit may appeal to the city council as provided in Chapter 3 of this Code. (b) Any person maintaining more than fif~ teen (15) in number of fowl, rabbits, birds, or combination thereof shall be subject to the following rules and regu- lations: (1) Ail building, pens, runs, or other places where such animals are kept shall be located at least fifty feet (50') from any residence, the owner's excepted. (2) The floors of every such building shall be smooth and tight and main- tained so as to prevent accumulation of filth or water. (3) The floor area of every such building where fowl are given free run shall be of sufficient area so as to allow for two and one-half (2-1/2) square feet per fowl. (4) Ail dead animals, manure, refuse, feath- ers, and other waste matter shall be removed within a reasonable time, not to exceed forty-eight (48) hours, or kept in fly-tight containers until such removal. (5) If runs are provided and the formation of ground therefor is such that it can- not be kept in a clean and sanitary condition at all times as required by the state or local health department, the floor of said runs or pens shall be constructed of cement, said cement to be laid so as to prevent rodents from enter- ing thereunder. ORDINANCE NO. NS- 1~66 PAGE FIVE (6) Rabbits and rodents must be kept in hutches so constructed as not to allow the urine to pollute the ground, and provided with floors that are removable for the purpose of cleaning and disinfecting; no box hutches will be permitted. SECTION 7: That section 5-7 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-7. Bees prohibited. No person shall keep any hive or swarm of honey bees or any other kind of wasp or bee within the city, ex- cept by special permit in an A-1 (General Agricultural) District. SECTION 8: That section 5-8 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-8. wild Animals; Permit; Exceptions. It shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, any wild animal without first applying for and receiving a permit from the animal control officer, except that no permit is required to keep or maintain the following wild animals: canaries, parakeets, chinchillas, chipmunks, finches, guinea pigs, hamsters, marmoset monkeys, parrot-type birds, squirrel monkeys, turtles, tropical fish (except caribee), non-poison- ous snakes, where permitted by state and federal law, white mice and white rats. The provisions of this section shall not prohibit the keeping or maintaining of the following wild animals= (a) Any wild animals which are kept confined in zoos, museums, or any other place where they are kept as live specimens for the public to view. (b) Any wild animals which are kept confined and placed on exhibit in a circus, carni- val, or any other type of exhibit or show. (c) Wild animals in bona fide, licensed veterin- ary hospitals for treatment. SECTION 9: That section 5-9 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-9. Same - Issuance. (a) The animal control officer shall issue a permit for the keeping or maintaining of a wild animal if he finds: (1) That a non-refundable fee as estab- lished by resolution of the city council has been paid to the depart- ment of finance; ORDINANCE NO. NS- 1466 PAGE SIX (2) (3) (4) (5) (6) (7) (8) That the wild animal is at all times kept or maintained in a safe manner and that it is at all times con- fined securely so that the keepihg of such animal will not constitute a danger to human life or the prop- erty of others; That adequate safeguards are made to prevent unauthorized access to such animal by members of the public; That the health or well being of the animal is not in any way endangered by the manner of keeping or confien- ment; That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood; That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health; That the quarters in which such ani- mal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition; That the applicant proves his ability to respond in damages to and includ- ing the amount of one hundred thousand dollars ($100,000.00) bodily in- jury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the animal control officer, in a form approved by the city attorney, a certificate of insurance issued by a solvent corporation holding a certificate of authority to do in- surance business in the state, or a bond from a responsible and solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless thirty (30) days written notice is first given to the animal control officer. ORDINANCE NO. NS- 1466 PAGE SEVEN (9) That the applican~as proof of state and/or federal permits for the species or specimen when so required by law. (b) In no event shall a permit be issued for the keeping of more than two (2) wild animals over the age of two (2) months at any single location. (c) Any applicant denied a permit pursuant to these provisions may appeal to the city council pursuant to Chapter 3 of this code. SECTION 10: That section 5-10 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-10. Same - Conditions If, at any time, it appears to the animal control officer that there are grounds for denial or revocation of the wild animal permit, but that such grounds could be elim- inated by the imposition of conditions, or of additional conditions, he may notify the applicant or permittee in writing that he intends to improve or amend such conditions. SECTION 11: That section 5-10.1 of the Santa Ana Municipal Code, is hereby repealed. SECTION 12: That section 5-11 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 5-11. Same - Revocation A wild animal permit may be revoked on any one or more of the following grounds: (a) Any fact exists which would be a reason for denial of the permit. (b) The permittee, or any agent or employee of the permittee has violated, or has been convicted of violating any provisions of this or any other ordinance, or of any of the state now, or hereafter, in force regulating the activity for which the permit was issued. (c) The permittee obtained the permit by false or fraudulent representations. Prior to any such revocation, the animal control officer shall provide the permittee with written notice by U.S. Mail, of his intent to revoke the permit and advising the permittee of his right to appeal such decision. Any permittee aggrieved by a decision to revoke the permit may appeal pursuant to Chapter 3 of this code. SECTION 13: That section 5-12 of the Santa Ana Municipal Code, is hereby amended to read as follows: ORDINANCE NO. NS- 1466 PAGE EIGHT Sec. 5-12. Liability of non-owners. (a) No person, other than an officer lawfully obtaining possession under this chapter, shall hold or retain possession of any dog or other animal for a period of longer than twenty-four (24) hours unless he holds title to such animal or has the consent of the owner thereof, or unless such person shall have reported the fact of such pos- session pursuant to section 5-13. (b) Every operator of a self-propelled vehicle upon the streets and ways of the City of Santa Ana shall immediately upon injuring striking, maiming, or running down any animal, give aid to such animal or immedi- ately notify the animal control officer, furnishing sufficient facts relative to such injury. SECTION 14: That section 5-13 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-13. Private Impoundment. (a) Any person finding any estray domesticated animal or permitted wild animal which is running at large contrary to the provisions of this code may take up such animal if he complies with the provisions of this section. (b) Any person taking up any estray domesti- cated animal or permitted wild animal pursuant to this section shall surrender such animal to the animal control officer on demand. (c) Every person, except the animal control officer, taking up any estray domesti- cated animal or permitted wild animal pursuant to this section shall, within twenty-four (24) hours thereafter, give notice to the animal control officer of: (1) The fact that he has such animal in his possession; (2) The complete description of such animal; (3) The license number of such animal, if any; and (4) The place where such animal is confined. ORDINANCE NO. NS-1466 PAGE NINE SECTIONal5: That the Santa Aha Municipal Code is hereby amended by adding a section, to be numbered 5-14, which said section reads as followsr Sec. 5-14. Restraint of animals. (a) Any person owning or having charge, custody, care or control of any animal kept or har- bored in the City of Santa Aha shall confine such animal exclusively upon such owner's premises, except when otherwise properly restrained as hereinafter provided. (b) No person shall allow or permit any animal to run at large, or be pastured, herded, staked, or tied in or on any public alley, street, sidewalk, vacant lot, school grounds, or other unenclosed place, or other public place belonging to or under the control of the city or in such a way as to trespass in any manner upon any of the aforesaid public pla~es. (c) No person shall ride, drive, lead or tie any horse or mule on any sidewalk, or allow any such animal attached to any vehicle, or any such vehicle to stand across or on a pedestrian crosswalk of any street or upon a sidewalk within the city, or allow any horse, mule or other animal used for riding or driving in a vehicle to stand upon any of the public streets without being securely tied or under the control of its owner or manager. (d) No person shall hitch any animal to any hydrant, building, reservoir screening, or to any other part of the system of the city's waterworks. (e) No person shall permit any animal to be at large or to go or be upon the premises owned or occupied by any other person in the city without said other person's consent. (f) Ail dogs must be confined within a yard or other enclosure; provided that dogs on a secure leash not more than eight (8) feet in length may be permitted on the streets or other public places of the city. (g) Any animal permitted to be at large or trespassing upon private premises or public property in violation of this section shall be deemed prima facie not to be under the control of the owner and is hereby declared to be a nuisance and a menace to the public health and safety, and shall be seized and impounded as provided in this chapter. SECTION 16: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 5-15, which said section reads as follows: Rev. 12/13/78 ORDINANCE NO. NS-1466 PAGE TEN Sec. 5-15. Disposition of animals. (a) Any impounded animal may be redeemed by the owner upon payment of the fees es- tablished by resolution of the city council. The owner must also demon- strate to the satisfaction of the health officer of Orange County that he is the owner of the animal, and that he can keep such animal in conformance with the requirements of this chapter. Cb) If a licensed animal is not redeemed with- in seven (7) days of impoundment, or an un- licensed animal is not redeemed within three (3) days of impoundment, excluding Orange County holidays and the day of impoundment, it shall be deemed abandoned and the health officer of Orange County may sell, release or destroy said animal; provided, however, that the Orange County Animal Shelter be discouraged from selling or giving away unclaimed stray animals from the City of Santa Ana to any persons or organizations desiring such animals for research purposes, and that each employee of the City, when turning over animals to the County during the performance of their duties as City employees, shall direct the County not to use such animals for research purposes. SECTION 17: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 5-16, which said section reads as follows: Sec. 5-16. Enclosure for breeding animals. No person shall permit breeding of animals under their custody or control except within an enclosure so arranged as to obstruct such animals from the view of all persons who have no proprietary interest in the breeding of such animals. The provisions of this section shall not be applicable to zoos, museums, or any other place where such animals are kept as live specimens for the public to view. SECTION 18: That the Santa Ana Municipal Code, is hereby amended by adding a section,~ to be numbered 5-17, which said section reads as follows: Sec. 5-17. Abandonment. It shall be unlawful for any person to abandon any animal within the City of Santa Ana. Any person vio- lating this section shall bear full costs and expenses incurred by the city in the care of said abandoned animal and shall reimburse to the city all said costs as determined by the department of finance. SECTION 19: That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 5-18, which said section reads as follows: ORDINANCE NO. NS-1466 PAGE ELEVEN Sec. 5-18. Proximity to humans. (a) Livestock: Except as otherwise provided in this chapter, no person who keeps or has upon premises owned, leased, or occupied by him, any livestock, shall keep such livestock within seventy-five (75) feet of any family resi- dence, with the exception of his own. (b) Fowl and rabbits. No person shall keep fowl or rabbits within fifty (50) feet of any family residence or building designated for human occupancy, with the excep- tion of his own. (c) Commercial kennels. (1) Residential structures of one story in height shall maintain a setback of one hundred (100) feet from any pre- existing outside kennel runs of a pre-existing kennel and commercial kennels shall also maintain a set- back of one hundred (100) feet from any pre-existing residential struc- ture. (2) Residential structure of two stories or more in height shall maintain a setback of two hundred (200) feet from any pre-existing commercial kennel, and commercial kennels shall also maintain a setback of two hundred (200) feet fr~m any pre-existing struc- ture of two (2) or more stories. These provisions will not apply to anyone who erects a residential struc- ture of two stories or more in height or to anyone who erects a commercial kennel, if in erecting the structure, or kennel, that person: (a) Provides a barrier that will impair the vision between the kennels and the residential structure to at least the same extent as if a two hundred (200) foot setback were used, and provides sufficient sound retardant materials to produce no more than the same decibel level than if a two-h~ndred (200) foot setback was maintained. The de- cibel level shall be measured both at the kennel and at the residential structure, or, in the alternative. (b) Provides visual and sound standards that in the opinion of the director of building and safety are equal to or greater than those required by the provisions of (a) above. (3) The residence of a commercial kennel operator or owner shall not be deemed a residential structure as applied in the language of this section. Rev. 1/9/79 ORDINANCE NO. NS-1466 PAGE TWELVE (4) The development and occupation of buildings for human habitation within the distances prescribed above by others than the kennel owner or operator or grantees, directly or indirectly, from or through the ken- nel owner or operator following the proper establishment of kennels, shall not render the maintenance of such pre-existing kennels unlawful by reason of the diminished separa- tion of the kennel use and the use of buildings for human habitation. (d) EnforCement. The director of planning shall not approve for issuance any build- ing permit until he has insured himself that the provisions of this section have been met. SECTION 20: That the Santa Aha Municipal Code, is hereby amended by adding a section, to be numbered 5-19, which said section reads as follows: Sec. 5-19. Slaughtering of animals No person shall kill any animal in the City of Santa Aha in order that it may be sold or used as food, except: (a) In an enclosed building, provided each animal so slaughtered of five (5) pounds or less in weight; or (b) In conm~ercial slaughtering buildings. Nothing herein shall be construed to permit any use of property in violation of the zoning regulations contained in Chapter 41 of this Code. SECTION 21: That section 5-100 of the Santa Aha Municipal Code (printed as section 5-2.1), is hereby repealed. SECTION 22: That section 5-52 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-52. Same - Information required; tag. Upon payment of the license fee, the finance de- partment or the animal control officer shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The shape or color of the tag shall be changed annually and shall have stamped thereon the termin- ation date and an identifying number. Every owner shall be required to provide each dog, not kept in a kennel or other- wise exempted, with a collar to which the license tag must be permanently affixed and shall see that the collar and tag are continuously worn by said dog. In case a dog license tag is lost or destroyed, a duplicate will be issued by the finance department upon presentation of the receipt showing payment of the license fee for the current license period and upon payment of the fee fixed for the issuance of such duplicate tag. No owner shall transfer any dog tag from one dog to another and no person shall place a dog tag upon any dog except the dog for which it was issued. ORDINANCE NO. NS- 1466 PAGE THIRTEEN SECTION 23: That section 5-53 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 5-53. Same - Record. The finance department and the animal control officer shall keep a record of the license tags issued, which record shall contain a brief description and the name of the dog and the name and address of the owner. SECTION 24: That section 5-54 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-54. Vaccination - Required before licensing. Neither the finance department, the animal control officer, nor any other person shall issue any license for any dog unless and until such dog has been vaccinated as herein defined and the owner or person seeking such a license shall produce for inspection a certificate from a licensed veterinarian showing vaccination that will be valid for the entire licensing period, which certificate may be accepted as proof of vaccination. Any dog may be exempt from vaccina- tion and license issued therefor without such proof upon presentation of an affidavit sworn to within sixty (60) days preceding the applica~on for license by a veterinarian licensed to practice and actually practicing in the state, stating that, in his opinion, the rabies vaccination would be likely to seriously injure the dog described therein. No person shall allow any dog so exempted from rabies vaccination to be at large or be led about the streets on a leash at any time, and such dog must be restricted to the securely enclosed yard of the owner. SECTION 25: That section 5-56 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-56. Restraint of biting dog - May be ordered. The animal control officer may order any dog which has bitten or scratched any person to be kept securely con- fined in the rear of the owner's premises for a period of fourteen (14) days from the date of such bite or scratch. SECTION 26: That section 5-60 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-60. Reports of complaints. When a written complaint has been made by any person to the animal control officer that any dog is a nuisance by reason of (1) barking, (2) howling, (3) running or charging at or after any person or vehicle, or (4) molest- ing or destroying any property, such dog may be declared to be a public nuisance by the animal control officer. Such written complaint must be signed by at least two unrelated persons over the age of eighteen (18) years and shall set forth (1) the names and addresses of the complainants; (2) the reasons for the complaint; (3) the name and address of the owner of the dog; (4) the time and place the acts complained of occurred; and (5) a listing of any damages which resulted, if any. ORDINANCE NO. NS- 1466 PAGE FOURTEEN The animal control officer shall serve a written notice of such complaint and alleged facts on the person owning such dog by delivery to him, or to some person over the age of eighteen (18) years, at the address of the owner, or, if no such person is found, by affixing such written notice securely to the door of the building at such address, or by sending a copy thereof by mail to said address. Said notice shall contain the information that a complaint has been filed with the animal control officer regarding the nuisance and shall invite the owner to come to the animal control division of the Santa Ana Police Department and inspect said written report. After service of notice by the animal control officer, the owner shall thereafter keep said dog securely confined within an adequate enclosure, or on a leash; if the complaint be that the dog was barking or howling, the owner shall keep said dog in a manner so as to prevent such barking or howling. SECTION 27: That section 5-61 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-61. Response and impounding. The owner of a dog concerning which a complaint has been made in writing may submit to the animal control officer his written report in response to that of the complainant. Such response to the complaint may set forth (1) the owner's name and address; (2) the owner's view of the facts or series of events which caused the original complaint; and (3) an agreement to abide by all existing city ordinances. The written response will be filed with the com- plaint and will be shown to any party named in the reports who requests to see them at the police department. Should the animal control officer receive a second complaint as provided in section 5-60 of this Code, it shall be his duty to investigate and he may seek a criminal complaint. SECTION 28: That section 5-65 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-65. Inspection permit: duration. The inspection permit for any premises within the city shall expire on December 31 of each year, unless sooner revoked or suspended for cause by the animal control officer or unless the establishment ceases business. SECTION 29: That section 5-66 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 5-66. Inspection permit: revocation or suspension. ORDINANCE NO. NS- 1466 PAGE FIFTEEN The animal control officer may revoke or suspend any inspection permit for the following reasons: (a) Violation by permittee of any law of the State of California or of any ordin- ance of the City of Santa Ana; Failure to provide any animal in permittee's possession with proper and sufficient food, drink, shelter and protection from the elements; (c) Subjecting said animal to cruel or abusive treatment; or (d) Failure to maintain the premises in a clean and sanitary eondition. SECTION 30: That section 5-67 of the Santa Aha Municipal Code, is hereby amended to read as follows: Sec. 5-67. Reinstatement of suspended permits. A permittee whose permit has been suspended or revoked may at any time make application to the animal control officer for reinstatement of the inspection permit; the animal control officer shall make a reinspection. If the applicant is complying with the requirements of this article and other applicable ordinances, laws, and regula- tions of the City of Santa Ana, the permit shall be rein- stated. SECTION 31: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, elauses, phrases or portions be de- clared invalid or unconstitutional. SECTION 31: Neither the adoption of this ordin- ance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of which violations were committed prior to the effective date hereof, ORDINANCE NO. NS-1466 PAGE SIXTEEN nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 5th day of February , 1979, by the following vote: AYES: COUNCILMEN: Brandt, Bricken~ Evan$~ NOES: COUNCILMEN: 0rtiz, Yamamoto ABSENT: COUNCILMEN: None ATTEST: oF THE CO NC APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY Garthe, Ward