HomeMy WebLinkAboutNS-1765 - Amending Sections of the Santa Ana Municipal Code Changing the Penalties for Violations of Animal Control Laws from Infractions to MisdemeanorsEJC:adg
2/14/85
ORDINANCE NO. NS-1765
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 5-3 AND 5-58 OF THE
SANTA ANA MUNICIPAL CODE CHANGING THE
PENALTIES FOR VIOLATIONS OF ANIMAL
CONTROL LAWS FROM INFRACTIONS TO
MISDEMEANORS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 5-3 of the Santa Ana Municipal Code,
is hereby amended to read as follows:
Sec. 5-3. Penalties.
A violation of any section of this Chapter restricting
or otherwise regulating the care, maintenance, and control.of
animals is a misdemeanor. Each day which a violation occurs
shall constitute a separate offense. This section shall not
apply to public officials in the exercise of their official
duties.
SECTION 2: That Section 5-58 of the Santa Ana Municipal Code,
is hereby amended to read as follows:
Sec. 5-58. Dogs at large, generally; female
dogs in heat; penalties.
(a) No person owning, keeping, or harboring any dog
shall permit such dog to be on any public street or other public
place within the city except when such dog is wearing a collar
and current license tag and is secured to and controlled by the
person in charge of such dog by a leash of sufficient strength
to support at least forty (40) pounds dead weight and having
a length of not more than eight (8) feet; nor permit such dog
to trespass or be upon the private property of any other person
without the consent of such other person.
(b) Any person violating any of the provisions of
subsection (a) of this section shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punishable as
follows: By a minimum fine of not less than twenty-five dollars
($25.00), except that upon a second conviction within one (1)
year of a prior conviction for violation of said subsection,
punishment shall be a minimum fine of not less than one-hundred
dollars ($100.00).
ORDINANCE NO. NS-l?65
PAGE TWO
(c) NO person owning, keeping or harboring any un-
spayed female dog shall permit such dog to be at large, be led
on a leash, or tied or maintained at any place that is not
securely fenced in a manner to keep out all other dogs while
such female dog is in heat or breeding condition. Every female
dog kept in violation hereof is declared to be a public nuisance
and may be taken up, impounded, and delivered to the county pound
and there released or disposed of as provided for in this article.
The provision for impounding shall be in addition to any punish-
ment for the violation of this subsection.
(d) Any person violating the provisions of subsection
(c) of this section shall be deemed guilty of a misdemeanor, and,
upon conviction thereof shall be punishable as follows: By a
minimum fine of fifty dollars ($50.00), except that upon a second
conviction within one year of a prior conviction for violation of
said subsection, punishment shall be a minimum fine of not less
than one hundred dollars ($100.00).
SECTION 3: 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
or 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 for more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or uncon-
stitutional.
SECTION 4: Neither the adoption of this Ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinances, which violations were
committed prior to the effective date hereof, nor be construed
as affecting any of the provisions of such ordinance relating
ORDINANCE NO. NS- 1765
PAGE THREE
to the collection of any such license or penalty or the penal
provision applicable to any cash deposit in lieu thereof, re-
quired to be posted, filed for deposit pursuant to any ordinance
and all rights and obligations thereunder appertaining shall
continue in full force and effect.
ADOPTED this 18th day of March , 1985.
ATTEST:
Daniel E. Griset
Mayor
/~nlce C. G~ ~/ /~/ -
VClerk of the Counci~,F
COUNCILMEMBERS:
Griset Aye
Acosta Aye
Hart Aye
Johnson Aye
Luxembourger Aye
McGuigan Aye
Young Aye
APPROVED AS TO FORM:
E_d. ward~ Coop ~
City Att~