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Home My WebLink About11A - 2ND READ ORD POLICE K9REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 17, 2018 TITLE: ORDINANCE SECOND READING: ADOPT AN ORDINANCE AMENDING SANTA ANA MUNICIPAL CODE SECTION 10-152 RELATED TO POLICE CANINES TO EXPAND THE DEFINITION TO "POLICE ANIMALS"(STRATEGIC PLAN NO. 5,1) .r/,�I ..� red I RECOMMENDED ACTION Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On April 3, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 7-0: ORDINANCE NO. NS -2943 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS In summary, the ordinance would expand the protections for Police Canines to include all Police Animals, including horses. These revisions will allow the Police Department to enforce willful, malicious or harmful actions against the police horses that proudly service this community. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2943 11 A-1 11 A-2 TB 4.3.2018 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 10-152 TO THE SANTA ANA MUNICIPAL CODE RELATED TO POLICE CANINES TO EXPAND THE DEFINITION OF THE CODE TO POLICE ANIMALS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 5, 1982, the City Council approved Ordinance No. NS -1625 adding Section 10-152 to Chapter 10 of the Santa Ana Municipal Code for the purpose of regulating willful or malicious acts against police canines in the performance of any duty or function with the Santa Ana Police Department. B. The City's Police Department currently utilizes six (6) police K -g's and one (1) bloodhound. Each day, there are two (2) K-9 units deployed citywide to assist the Police Department and outside agencies, upon request. C. In addition to the police canines serving the City, the City's Police Department will celebrate the 30th year anniversary of its Mounted Enforcement Unit in 2018. The Mounted Enforcement Unit is comprised of a stable of 8-10 horses with access to another 30 horses from the Orange County Regional team to assist with special events, protests and crowd control. The Unit patrols Santa Ana parks, shopping areas, and the Downtown District. The horse teams provide active enforcement assisting with quality of life issues; preventing physical altercations and criminal activity, and dealing with crowd control as their strongest asset. The horses are able to go where officers cannot drive and their calm majestic demeanor allows crowds to be dispersed quickly. D. In 2017, the Unit was deployed on 169 assignments. Each shift lasts up to eight (8) hours with two (2) horses for each deployment that equate to approximately 2700 hours of active service. E. In their service to the City, police personnel have witnessed acts against police service horses including the following: bottles thrown at them; individuals purposely kicking their legs; taunting, screaming, striking the horse on its hind quarters or similar actions in an attempt to spook the horse; extinguishing a burning cigarette on the horse; and punching a police horse in the face causing the horse to try and escape only to slip and fall onto the sidewalk. While these events are not a daily occurrence, a frightened or hurt Ordinance No. NS-XXXX Page 1 of 3 11 A-3 animal can cause injury to itself, the mounted officer, and place the public in harm's way due to these willful and malicious actions. F. The horses are a favorite amongst local business owners and act as ambassadors to both Santa Ana residents and visitors. The Mounted Enforcement Unit has received positive reaction from the community and is credited with creative policing within the City. Santa Ana police horses provide a way for residents and visitors to approach officers for various needs, when they perhaps would not ordinarily make the effort to do so. G. The City has evaluated the needs and concerns as it relates to the City's Mounted Enforcement Unit and in particular unlawful actions taken against the horses. In doing so, the City has determined the municipal code currently only addresses unlawful actions against the City's police canines. The City has determined the current code section requires revision to enforce willful, malicious or harmful actions against the police horses that serve this community. Section 2. Section 10-152 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: ARTICLE I. IN GENERAL Sec. 10-152. — Pollee Ganines Unlawful Acts Toward Police Animals (a) No person shall willfully or maliciously tease, harass, agitate, provoke, beat strike, kick, disable, injure, kill, administer or disperse any desensitizing drug, chemical or substance, or aawarFaRtabty in any way interfere or meddle with, any police canine animal. (b) As used in this section, "police eanine animal" means any dog, horse or any other animal utilized by the police department or any officer or employee thereof, in the performance of any function or duty of said department, officer or employee. 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 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, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-XXXX Page 2 of 3 11 A-4 ADOPTED this _ day of April, 2018. Miguel A. Pulido Mayor IS PROVED AS TO FORM: nia Carvalh , City Attorney amara Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Maria D. Huizar Clerk of the Council City of Santa Ana 11 A-5 Ordinance No. NS-xxxx Page 3 of 3 11 A-6