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123 <br /> <br />AYM:8/15/00 <br /> <br />ORDINANCE NO. NS-2439 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA <br />AMENDING SANTA ANA MUNICIPAL CODE SECTION 5-72 <br />TO GRANT A CITY ANIMAL CONTROL OFFICER <br />EXPANDED AUTHORITY TO DECLARE A DOG TO BE A <br />"VICIOUS DOG" <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN <br />AS FOLLOWS: <br /> <br />SECTION 1: The City Council hereby finds, determines and declares as follows: <br /> <br /> A. Currently, Santa Ana Municipal Code 5-72 authorizes city animal control <br />officers to take certain public safety measures against a dog that injures or attempts to <br />injure any person or other dog. <br /> <br /> B. To address concerns about dogs attacking domestic animals, the City <br />Council desires to grant city animal control officers expanded authority to declare a dog <br />to be a "vicious dog," as defined by Santa Ana Municipal Code 5-72, and to take <br />appropriate public safety measures. <br /> <br /> C. While expanding the authority of animal control officers, the City Council <br />also desires to provide dog owners and custodians with the right to appeal an animal <br />control officer's vicious dog declaration. <br /> <br />SECTION 2: Section 5-72 of the Santa Ana Municipal Code is hereby amended to read <br />as follows: <br /> <br />Sec. 5-72. Vicious dogs. <br /> <br />(a) Whenever a dog has bitten, attempted to bite, broken the skin or <br />otherwise injured any person or other animal without provocation, the animal <br />control officer shall investigate the dog's alleged behavior, and if he/she finds <br />that such dog has done any of the acts alleged, he/she is authorized to <br />declare the dog a vicious dog. If the animal control officer declares the dog a <br />vicious dog, he/she shall deliver in writing to the owner or custodian of such <br />dog a statement of the facts and circumstances concerning the dog's <br />behavior. <br /> <br />(b) The owner or custodian of the dog may appeal the vicious dog <br />designation to the city council by requesting a public hearing in accordance <br />with Chapter 3 of this Code. The request must be filed with the clerk of the <br />council within ten (10) days of the date of service of the notice. The burden <br />of proof shall be on the animal control officer to show by a preponderance of <br /> <br />Ordinance No. NS-2439 <br /> Page 1 of 3 <br /> <br /> <br />