6348ORDINANCE NO. 6 3 4 8
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 13.08.020 OF
CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC
PARKS --PROHIBITED CONDUCT GENERALLY) TO GIVE THE CITY ATTORNEY
DISCRETION TO CHARGE CERTAIN VIOLATIONS OF PARK RULES AS
MISDEMEANORS OR INFRACTIONS
WHEREAS, criminal activity in, and violation of the rules applicable to, public parks in
Anaheim is inimical to the purposes for which public parks are established and leads to public
perception that such places may not be welcoming to law-abiding park users and create a risk of
harm to innocent bystanders; and
WHEREAS, numerous residents of Anaheim have made complaints and expressed
concerns that the public parks in Anaheim are not welcoming for their families and not
accessible to them to use for their intended purpose as a result of persons violating the Anaheim
Municipal Code's park rules provisions; and
WHEREAS, the issuance of infractions for violations of the Anaheim Municipal Code's
park rules provisions has not necessarily deterred unlawful activity in the parks; and
WHEREAS, more stringent enforcement, and harsher penalties for violation, of the
Municipal Code's park rules provisions prohibiting drinking, gambling, discharging weapons or
fireworks, defacing park property, starting fires and loitering in the parks after hours would
likely increase the overall safety and hospitability of the public parks; and
WHEREAS, giving the City Attorney discretion to charge violations of the aforesaid park
rules provisions of the Anaheim Municipal Code as misdemeanors under appropriate
circumstances, rather than being required to always treat such violations as infractions, is
advisible.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. TEXT OF CODIFIED ORDINANCE
That Section 13.08.020 of the Anaheim Municipal Code be amended to read as
follows:
13.08.020 PROHIBITED CONDUCT GENERALLY.
Within the limits of any of said parks, it shall be unlawful for any person or persons to do any of
the acts hereinafter specified, to wit:
.010 To bring, leave, hitch, fasten, lead, drive or turn loose or allow to go free any animal or fowl
of any kind; provided that this shall not apply to dogs held on a leash, chain or other restraint not
more than six feet long, nor to dogs within a Dog Park as further defined under Chapter 13.14
hereof, nor to any horse when hitched, fastened or led within any City of Anaheim park that links
with the County of Orange EMA Harbors, Beaches and Parks Master Plan of Trail Systems
("Special Use Parks");
.020 To ride or drive any horse or other animal, or to propel any vehicle, cycle or automobile;
except that such prohibition shall not apply to equestrians and bicyclists (non -motorized) in
Special Use Parks.
.030 To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks,
or airguns or slingshots;
.040 To cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen,
monument, fence, bench or other structure, apparatus or property; or to pluck, pull up, cut, take
or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any
manner, any building, monument, fence, bench or other structure;
.050 To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer;
.060 To swim, fish, bathe or wade in, or to pollute the water of any fountain, pond, lake or
stream;
.070 To make or kindle a fire except in picnic stoves, braziers or fire pits provided for that
purpose;
.080 To camp therein. "Camp" shall have the meaning set forth in Section 11. 10.020 of Chapter
11.10 of Title 11 of this Code;
.090 To cook, prepare, serve or barbecue food or food items, except at the places provided
therefor;
.100 To wash dishes or to empty salt water or other waste liquids elsewhere than in the sinks
provided for such purposes; provided, however, that nothing contained herein shall be deemed to
authorize the dumping or disposal of any waste which is otherwise prohibited by any other law;
.110 To leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles
provided therefor;
.120 To play, or engage in any game, excepting at such place as shall be especially set apart for
that purpose;
.130 To play or bet at or against any game which is played, conducted, dealt or carried on with
cards, dice or other device, for money, chips, shells, credit or any other representative of value,
or to maintain or exhibit any gambling table or other instrument of gambling or gaming;
.140 To indulge in riotous, boisterous, threatening or indecent conduct, or abusive, threatening,
profane or indecent language;
.150 To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition;
.160 To post or erect any bill, notice, paper, circular or advertising or display device of any kind,
except as approved in conjunction with an event for which a permit has been approved pursuant
to this chapter;
.170 To sell or offer for sale any merchandise, article or thing, whatsoever, without first
obtaining permission from the City Council or a permit from the Community Services
Department so to do;
.180 To practice, carry on or conduct any trade, occupation, business or profession; provided this
subsection shall not apply to any activity occurring as an integral part of an event for which a
permit has been approved pursuant to this chapter;
.190 To remain, stay or loiter in any public park between the hours of 10:30 p.m. and 5:00 a.m.
of the following day;
.200 To possess or consume any alcoholic beverage in any public park, without first obtaining
the permission of the City Council or a permit from the Parks, Recreation and Community
Services Department. "Alcoholic beverage" is defined as any beverage defined as an "alcoholic
beverage" by the Alcoholic Beverage Control Act of the Stale of California;
.210 To play or engage in the game of golf, or to hit any golf ball with a golf club.
.220 A violation of subsection .080 of this section shall be punishable in accordance with the
applicable provisions of Chapter 11.10 of this Code. A violation of subsections .030, .040, .070,
.130, .190 or .200 may be filed as an infraction or a misdemeanor at the discretion of the City
Attorney. Except as otherwise provided in the immediately preceding sentences for violations of
subsections .030, .040, .070, .080, .130, .190 or .200 of this section, any person violating any of
the other provisions of this section shall be deemed guilty of a criminal infraction and, upon
conviction thereof, shall be punishable by a fine as set forth in Section 36900 of the Government
Code, or any successor provision thereto.
SECTION 2. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in the City of Anaheim, and thirty
(30) days from and after its final passage, it shall take effect and be in full force.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this 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.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the 3rd day of November '2015, and
thereafter passed and adopted at a regular meeting of said City Council held on the 17 day of
November 2015, by the following roll call vote:
AYE: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
By:
CITY CLERK OF THE CITY OF ANAHEIM
112608
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6348 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 3rd day of November, 2015 and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 17th day of November, 2015, by the following
vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and
Vanderbilt.
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 17h day of November 2015.
CITY CLERK OF THE CIT4 OF ANAHEIM
-'(SEAT_)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6348 and was published in the Anaheim Bulletin on the 26th day of
November, 2015.
_ - - _ 40, RA a
CITY CLERK OF THE CITY IF ANAHEIM
,VSEL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
Ss
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has-been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No, A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
November 26, 2015
" I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California,- on
Date: November 26, 2015
_;)�. 4.4�
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
ORDINANCE NO. 6348
AN ORDINANCE OF " a^,ITY OF ANAHEIM AMENDING SECTION 13.08.020 OF CHAP-
TER 13.08 OF TITI OF THE EIM MUNICIPAL CODE (PUBLIC PARKS --
PROHIBITED CONDIi` uENERALL� `TO �, - AE CITY ATTORNEY DISCRETION TO
CHARGE CERTAIN VIOLATIONS OF PA A RULES � MISDEMEANORS OR
INFRACTIONS
WHEREAS,, criminal activity in, ` and violation of the rules applicable to, public arks'
in Anaheim is inimicable to the purposes for which public parks are established and leads
to public perception that such places may not be welcoming to law abiding park users and
create a risk of harm to innocent bystanders; and
WHEREAS, numerous residents of Anaheim have made complaints and expressed
contains that the public parks in Anaheim are not welcoming for their families and ndt ac-
cessible to them to use for their intended purpose as a result of persons violating the Ana -
helm Municipal Code's park rules provisions; and
WHEREAS, the issuance of infractions for violations of the Anaheim Municipal
Code's park rules provisions has not necessarily deterred unlawful activity in the parks;
and
WHEREAS, more stringent enforcement, and harsher penalties for violation, of the
Municipal Code's ark rules provisions prohibiting drinking, gambling, discharging weap-
ons or fireworks, defacing park property, starting fires and loitering to the parks after hours
would likely increase the overall safety and hospitability of the public parks; and
WHEREAS, giving the City Attorney discretion to charge violations of the aforesaid
park rules provisions of the Anaheim Municipal Code asmisdemeanors, rather than being
required to always treat such violations as infractions, under appropriate circumstances is
advisable.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE-
BY ORDAINS AS FOLLOWS:
SECTION I. TEXT OF CODIFIED ORDINANCE
That Section 13.08.020 of the Anaheim Municipal Code be amended to read
as follows:
13.08.020PROHIBITED CONDUCT GENERALLY.
Within the limits of any of said parks, it shall be unlawful for any person or persons to do
any of the acts hereinafterspecified, to wit: ,
010 To bring leave, hitch, fasten, lead, drive or turn loose or allow to go free shy.animpl or
fowl of any kind; provided that this shall not apply to dogs held on a leash, chain o7 other
restraim
not, itlart sixleet long, nor to dogs within a Dog Park as further defined under
h ter -1 hat, nor'�any horse when htched', fastened or led wfthin any ally of
ah$am, Yk alit ti Icnor 400Y of Orange EMA Harbors, Beaches and Parks Mas
ter Plan ai Tra115ysms {"¢pacial Use arks");
020 Ta ritiri or dYn/e'allypofior or other animal, or to propel any vehiolO,,cis, or automo
bile; except that suchh hibdion shall .not apply to equestrians and bipVclists (non
-
IT10rized) in Special Use.Parks.
Aad To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fire-
works, or airguns or slingshots;
pn, monument fent , benchace or orr other structsturb ure apparatus or property; or orr todplu k,_ P cage,
Up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon paint or
deface many manner, shy, buflding, monument, fence, bench or other structure
.050 To cut or remove any wood, turf,, grass, soil; rock; sand, gravel or fertilizer;'
,060 To swim, fish, bathe or wads Jni or to pollute the water of any fountain, pond take or
stream;
,070 To make or kindle a fire except In picnic stoves, braziers or fire pits provided for that
purpose;
089 To camp therein. "Camp shall have the meaning set forth in Section 11.10420 of
Chapter 11.10 of Title 11 of this Code;
090 To cook, prepare, serve or barbecue' food or food items, except t the plies proyld-
ad therefor,
.100 To wash dishes or to empty saft water or other waste liquids elsewhere; than in the
sinks provided for such purposes;, provided, however, that nothing contalned.herein shall
be deemed to authorize the dumping or disposal of any wastewhich is otherwise prohibit -
ad by any other law;
.110 To leave garbage, cans, bottles,, papers or other refuse alsewhere than in the recepw
cies provided therefor,
.120 To . pT angag4 A 'any gain e, excepting at such place ae soall be esjfecialiy set
ap , rpm'
or exhibit any gamonng-wore ---v„
a; boisterous, threatening or indecent conduct, or abusive, threat,
nt'language;
I.m er any picnic rheefing, service, concert, exercise`or exhibition;
y bill, rotioe,paper, cirrrular or advertisingg or display,davice of any
act fn canfunctwn with an -event for which.a permit has been ap
proved pbijuant to this ohAptar;
17,0 To sell or offer "Farr, $00 any merchandise, article or thing, whatsoever, without first ob-
jp" ing permission from the City Council or a permit from, the dommunfty SBrvices Depart-
maftt so to da
18U To practice carry on or conduct any trade, occupation,, business or ptofassFon ppro
vlded this subsection shall not apply to any activity occurring as an'integral Pier( of an
aventfbrwhich a permit has been approved pursuant to this chapter,
190 To remain, stay or loiter in any public park between the hours of 10.30 p m ar-0*00
a.m. of the following day;
200 To possess or consume any alcoholic beverage in any publip p,aarrk; wdhoutfiret ob1
staining the permission of the City Council or a permit from the Parks, Recretion and Com-
mun 5aMcas Department. "Alcoholic beverage" is defined as itny beverage gffekned as'.
an "rico ervi beverage" by the Alcoholic Beverage Confrol Act oflfte State of 4aliTornta;, "
4
2fo rrz play or, hgags in the game of golf, or to hit any gaff ball with a.goff club.
220 A violation of subsection .080 of this section shall be ppunishable in accordance with
the applicable provisions of Cl ter 1�-f .10 of this Code. A violation of subsections .030,
040, .070, .130, .190 or .200 r be hied as an infraction or a misdemeanor at the discre-
tion of the City Attorney. Excepff as otherwise provided in the Immediate) preceding sen
tences for violations of subsections .030, .040, .070, .080, .130, .190 or .21 of this section,
any person violating any of the other provisions of this section shall be deemed' guilty Of a
criminal infraction and, upon conviction thereof, shall be punishable by a fine as set forth in
Section 36900 of the Government Code, or any successor provision thereto.
SECTION 2. CERTIFICATION; �FF6CTIVE DATE OF ORDINANCE
-The C'dy-Gerk-shall-eertify"te-the- Passage of this -ordinance and shalF'cWilse-
the same to be printed once within fifteen (15 days a er its adoption in the Anaheim Bulle-
tin, anewspaper of general circulation, pub !shed and ZaAlated m the City of Anaheim,
and thirty (30) days from and after its final passage, it shal take effect artd be in full force.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any sectigpm
paragraph, sentence or word' of this ordinance of the Code, hereby adopted be +6�ireedd
for any reason to be invalid, It is the intentof the
Council that it would have pas othe)
portions of this ordinance Independent of the elimination herefrom of any sum i l
magbe declared invalid. a,
TyFle�. FOREGOING ORDINANCE was i regular meeting of the City
Council of tt9�r-I* of Anaheim held on the 3r ovember 2015, and thereafter
vasa er, and
adopted the follow regular
meeting
ell vo sof said ounoil held on the 17th day of No
Mayor Tad and^Council MemberpXxing, Murray, Brandman, and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN- None f
CITY OF ANAHEIM
Byy:
b1AYOR O THE CITY OF ANAHEIM
By. CITY CL RK OF TH Y. CITY OF ANAHEIM y.
Publish AnaHeimBulle November 26 201510112946