5829ORDINANCE NO. 5829
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.12.070 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE REGULATING THE DISPOSITION OF
UNCLAIMED OR ABANDONED PROPERTY IN THE
POSSESSION OF THE ANAHEIM POLICE DEPARTMENT
WHEREAS, the current provisions of the Anaheim
Municipal Code regarding the disposition of unclaimed or
abandoned property by the Police Department have been superseded
by state legislation enacted after the adoption of the provisions
of the Anaheim Municipal Code; and
WHEREAS, Section 2080.6 of the California Civil Code
requires that every municipality either elect to be governed by
the provisions of that section or enact regulations substantially
similar to those provided in the California Civil Code; and
WHEREAS, an election to be governed by the Civil Code
will provide the City of Anaheim with the authority to designate
unclaimed or abandoned property for the use of City government
for public purposes or for sale at public auction; and
WHEREAS, Welfare & Institutions Code section 217
permits the City Council, by ordinance, to authorize that
unclaimed or abandoned bicycles and toys in the possession of the
Police Department for more than sixty days be turned over to
charitable or nonprofit organizations authorized to engage in
programs to prevent juvenile delinquency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
ORDAINS AS FOLLOWS:
SECTION 1.
Section 1.12.070 of the Anaheim Municipal Code is
hereby amended in its entirety to read as follows:
"1.12.070 DISPOSITION OF UNCLAIMED OR ABANDONED PROPERTY
.010 The provisions of Section 2080 et seq. of the Civil
Code of California or any successor statute thereto, shall govern
the disposition of unclaimed or abandoned property in the
possession of the Anaheim Police Department.
.020 Under the provisions of Section 217 of the Welfare and
Institutions Code of the California, any bicycles or other
children's toys in the possession of the Anaheim Police
Department may be turned over to any charitable or non-profit
organization, as determined by the United States Internal Revenue
Service, which is competent to provide a program or activity
designed to prevent juvenile delinquency within the City of
Anaheim."
SECTION 2. PUBLICATION
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
said City.
SECTION 3. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from
and after the date of its adoption.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance or 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 the ordinance independent
of the elimination herefrom of any such portion as may be
declared to be invalid.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim thislstday of October ,
2002.
7 A A—t
�t.F w�--
MAYOR OF THE CITY OANAHEIM
ATTEST: Pro Tem
ITY CL K OF THE CITY OF ANAHEIM
42893.1
2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5829 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 24th day of September, 2002, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 1 st day of October, 2002, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS' None
ABSTAINED: MAYOR/COUNCIL MEMBERS: Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
A,TYLE K OF THE CITY OF ANAHEIM
(SEAL)
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:
October 10, 2002
" 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: October 10, 2002
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OFE $I�VOVBN
This space is foiNjCott 11, r 's f5n,! SIa3,
oras t+w, tri
AN
WHEREAS, the current provislo s of the Atlefnsim M**i-
pai Code repard.Ing the dispoWm of unctanfled or aW-
doned property by to Pollee DepaMimit how been syper-
sedecl 6y stieAs ids n evaded sibs Vie addoplion o the
proviaiors o the Rriaheim Munidpat Code; and
WHEREAS, Section 2080.6 of the Callil CM Coda
the re-
1:ee that every municipality eltherNeo to be governild by
provisions, of that section a snedspuladons subtiitan-
tit similar to those provided in the CeNlwnle Civil Corks;
and
WHEREAS, an election to be governed bythe Civil Rode
Will provide the City o Anshelm with the aut�tty. W doill
nets undainNd or abandoned property for the use of dty
Candnt for public purposes or for sale at public auc-
;
WHEREAS, Waters $ Institutions Cade section 217Iter-
mils the City C,o+nai. by ordinance, to authorize that un-
claimed or abandoned Bicycles and toys In tits possession
o the Policea for snore than sixty days be turned
over to chs nonprofit orgarnhations authorized to
engage in programs to prevent juvenile delinquency.
NOYy, THE FQ E, THE CITY COUNCIL OF THE CfTY
OF ANAHEIM O�RD�A+INS AS FOLLOWS:
SECTION 1
Section 1.12.070 of the Anaheim Municipal Code is hereby
amended in its entirely, to read as follows:
'1.12.070 DISPOSITION OF UNCLAIMED OR ABAN.
DONED PROPERTY _
010 The pp►�ooN�abns o Section 2000 at of the (aril
Code o California or any awceeaor statute ttwebp, shil
govern -the disposition of uncWhad or abandoned property
in the possession of the Anaheim Ponce DepartrMrtt.
020 Under the prowslons of Section 217 of to Were
and Institutions Code of the Capforrh% any bicycles or other
children's toys in the possession of the AnaheimPoliclr
Department maybe turned over to amy chard0ble-or satin-
Profit as determined by is Untied Slates
ntertrel�ev� SWAM, Which lsopmpetentth provide a
del y wthln Ie*rdAnaheerh.
.T� PUBLICATION
The City Clark shallcert to the poses" o this
ordWwm and shed cause the sorts to be ����rnfasdd once
wtwf �flfteen#5) dtaysoater its adoption In tine Ana heinr
general ckoulation, published and
ClroUlated In!=
SECTION & EFFECTIVE DATE
This ordinanceshall take effect thirty (30) days from and
atter the date of Its adoption.
RECTION n SEVERABILITY
The Ccun0l of the City of An"m hereby Aeclalsa
or p1 ditse'Code wa6y44w0ence of the rddcl!
for any tee 1 10 be jrwatd, t Ie the kt of to Counoi
that It Would have passed all other portions of the ordinance
independent of the elimination herefrom of any such peon
as.may be declared to be ktvalld.
THE FOREC3 M ORDNANCE iea�pnpved and scl�ed
b�eCity Co of the City o �1et day of
MAYOR PRO TEM OF THE CITY OF ANAHEIM
ATTEST:
SHERYLLSCHROEDER
CITY CLERK OF THE CITY OF ANAHEIM
Introduced September 24, ,mu
AYES: M MOMIEll Fektfhaua, Krilp,
NOES:L5Z14 5409M
ABSEIM