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5132r ORDINANCE NO. 5132 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION 18.05.074.010 OF SECTION 18.05.074, AND ADDING SUBSECTION 18.05.030.025 TO SECTION 18.05.030, TO CHAPTER 18.05 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FLAGS, BANNERS AND FIXED BALLOONS FOR ADVERTISING PURPOSES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: Section 1. That the title of Section 18.05.074 and subsection 18.05.074.010 of Section 18.05.074 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended in their entirety to read as follows: "18.05.074 - FLAGS, BANNERS AND FIXED BALLOONS .010 The temporary display of flags, banners and fixed balloons for commercial or advertising purposes shall be permitted in any commercial zone or in any zone in conjunction with any use for which a conditional use permit has been issued authorizing a use which is permitted as a matter of right in any of the aforementioned commercial zones; provided, however, that flags, banners and fixed balloons shall be displayed only after a Special Events Permit has been issued by the Zoning Division of the Planning Department subject to all limitations of this chapter, and provided, further, that metallic balloons of any kind are prohibited." Section 2. That new subsection 18.05.030.025 of Section 18.05.030 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: 11.025 'Fixed Balloon': Any air or gas filled balloon attached to a string, rope or similar ligature, and tethered to a fixed place or object, including a motor vehicle." Section 3_ SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this W ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section S. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 5th day of June, 1990. -ore YOt OF THE CTTYrA ATTEST: CITY CLERK OF THE CITY OF ANAHEIM SJM:kh 3627L 041390 -2- l CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5132 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of May, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day of June, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5132 on the 6th day of June, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of June, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5132 and was published once in the Anaheim Bulletin on the 15th day of June, 1990. CITY CLERK OF THE CITY OF ANAHEIM