Loading...
5831ORDINANCE NO. 5831 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, REPEALING, DELETING AND AMENDING VARIOUS CHAPTERS, SECTIONS AND SUBSECTIONS OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MORALS AND CONDUCT WHEREAS, the City Council of the City of Anaheim desires to conform Title 7 of the Anaheim Municipal Code to changes in state law and previous amendments to the City Charter; and WHEREAS, the City Council desires to correct errors, delete unnecessary provisions, and otherwise update various provisions of the Anaheim Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Chapter 7.04 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 2. That Chapter 7.08 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 3. That Chapter 7.10 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 4. That Chapter 7.12 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: "CHAPTER 7.12 CURFEW FOR MINORS NOT ENGAGED IN CERTAIN ACTIVITIES 7.12.010 PURPOSE AND INTENT The City Council of the City of Anaheim declares its purpose and intent in enacting this chapter is as follows: 1 .010 The rate of juvenile crime increases with age between ten and sixteen years or age, and crimes committed by such juveniles is most likely to occur between 10 P.M. and 1 A.M. Jurisdictions which have controlled juvenile movement during these periods experienced a significant decline in crime rates and non -criminal vandalism and mischief. .020 Juveniles have also increasingly been the targets of crime and the adoption of a curfew will assist in combating this trend .030 This curfew is implemented to supplement and reinforce parental authority to control the movements of minors during the time of peak criminal activity .040 Juveniles are among the most vulnerable persons in our society and are generally poorly equipped to make critical decisions regarding the behavior. 7.12.020 DEFINITIONS .010 For purposes of this chapter, "minor" shall mean any unemancipated or unmarried person under the age of seventeen years. .020 For purposes of this chapter, "parent" shall mean a natural parent, adoptive parent, step parent, legal guardian or foster parent and those persons over the age of eighteen years designated by a parent to have custody and control of a minor. .030 For purposes of this chapter, "emergency" shall mean unforeseen circumstances the consequences of which require immediate action to prevent bodily injury, loss of life or damage to property. .040 "Public place" shall mean any place to which the public or a substantial group of the public has access. 7.12.030 CURFEW HOURS, RESTRICTIONS AND EXCEPTIONS .010 It shall be unlawful for any minor to be present or to remain in or upon any public place, vacant lot or business establishment between the hours of 10 P.M. and 5 A.M. of the following day. .020 The curfew set forth in the preceding paragraph shall not apply in the following circumstances: 2 .0201 When the minor is accompanied by a parent, as defined herein, or is performing a task or undertaking an activity at the direction of his or her parent .0202 When the minor is on a public or private sidewalk in front of his or her own dwelling or a dwelling directly adjacent to the minor's dwelling. .0203 When the minor is acting within the course and scope of his or her employment or business or is going to or from such place of employment by a reasonably direct route or is going to or from a bona fide interview for employment. .0204 When the minor is going to or from, or is engaged in, educational, recreational, charitable, cultural, religious or other expressive activity within the scope of his or her rights under the First Amendment to the Constitution of the United States which is supervised or overseen by an adult person on behalf of any non-profit, educational or governmental organization. .0205 When the minor is a registered volunteer at any shelter, hospital, school or other charitable institution and is going to or from such activity in a reasonably direct route to or from the minor's home. .0206 When the minor is responding to an emergency situation with or without parental consent. .0207 When the minor is in a vehicle engaged in interstate travel. 7.12.040 ENFORCEMENT Every police officer is hereby authorized and empowered to request from any person whom the officer has reasonable cause to believe is in violation of section 17.12.030 appropriate information as to age and activity reasonably necessary to determine whether a violation of this chapter exists consistent with the constitutional rights of such persons." SECTION 5. That Chapter 7.16 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety, to read as follows: 3 "Chapter 7.16 DISORDERLY CONDUCT 7.16.010 CONSUMPTION OF ALCOHOLIC BEVERAGES - PLACES RESTRICTED. .010 It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while upon any public street, parkway, sidewalk, alley or public parking lot or area, or upon any private parking lot or area open to the public either with or without compensation, or upon any other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in this Code. It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while being within or upon an automobile or any other motor -driven vehicle which vehicle is upon any public parking lot or area, or which vehicle is upon any private parking lot or area open to the public either with or without compensation, or which vehicle is upon any other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in this Code. .020 "Alcoholic beverage" is defined as any beverage defined as an "alcoholic beverage" by the Alcoholic Beverage Control Act of the State of California. .030 Any person violating any of the 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. 7.16.020 POSSESSION OF INTOXICATING LIQUOR — PLACES RESTRICTED. .010 It is unlawful for any person to bring, carry, transport into or possess any intoxicating liquor within any stadium, exhibition hall, arena or convention center owned or operated by the City of Anaheim; provided, however, this provision shall not apply to any person who has received permission from the City of Anaheim to do so or to any concessionaire lawfully doing business in any such place or any intoxicating beverages obtained from such concessionaire. .020 Violation of this section is an infraction. .030 "Intoxicating liquor" is defined as any liquor defined by the Liquor Control Act of the State of California as intoxicating. 4 7.16.030 POSSESSION OF CONTAINERS RESTRICTED. .010 It is unlawful for any person to bring, carry, transport into or possess any bottle, can, flask, thermos, ice, glass, plastic or similar substance or any other type of container, regardless of composition which is designed to contain liquid and is capable of being closed, sealed or capped by affixing a lid or cap to prevent liquid from being poured, spilled or otherwise escaping, within any stadium, exhibition hall, arena or convention center owned or operated by the City of Anaheim; provided, however, this provision shall not apply to any person who has received permission from the City of Anaheim to do so or to any concessionaire lawfully doing business in any such place or to any person possessing a container obtained from such concessionaire. 020 Violation of this section is an infraction. 7.16.040 PERFORMING EXCRETORY FUNCTION IN PUBLIC. .010 It is unlawful for any person to urinate or defecate or otherwise discard or dispose of human urine or excrement in any public place or any place open to the public or open to public view other than restrooms, bathrooms and other enclosed areas provided for normal human excretory functions. .020 This section shall not apply to anyone who, by reason of an illness, infection, disease or other physical infirmity is unable to control his or her excretory functions. "Physical infirmity" as used in this section shall not include loss of control of excretory functions brought on by the voluntary ingestion of alcohol, drugs or other intoxicants, depressants or hallucinogens. 030 Violation of this section is a misdemeanor. 7.16.050 RESERVED. 7.16.060 PUBLIC NUDITY — PROHIBITED. .010 It is unlawful, and a misdemeanor, for any person, while in any public park, playground, public right-of-way, or in any other public place or public accommodation, or in any place open to the public or obviously open to public view (with or without payment of an admission fee), to knowingly and intentionally: .0101 Expose his or her genitals, pubic hair, cleft of the buttocks, perineum, anal region, or pubic hair region; or 5 .0102 Expose any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, cleft of the buttocks, perineum, anal region or pubic hair region; or .0103 Expose the nipples and/or areolae of the female breast, except as necessary while breastfeeding an infant under two years of age; or .0104 Expose any device (commonly known as a "pasty" or "pasties") worn as a cover over the nipples and/or areolae of the female breast, which device simulates and gives the realistic appearance of nipples and/or areolae. .020 The prohibitions set forth in subsection .010 above shall not apply to: .0201 Any child under ten (10) years of age; or .0202 Any person while participating in any activity authorized pursuant to Chapter 4.31 of the Anaheim Municipal Code; or .0203 Any acts prohibited, or the prohibition of which is preempted, by any provision of state law." SECTION 6. That Section 7.20.150 of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.20.150 BOOKMAKING — USE OF TELEPHONE OR TELEGRAPH FACILITIES. Except as otherwise expressly permitted by state law, no person shall let or lease any telegraph or telephone line or wire knowing that it is to be used for the purpose of conducting or carrying on a betting pool, or for the purpose of conducting the business of making book or selling pools on races or other contests, or of betting or laying wagers upon the result of any race or contest. Except as otherwise expressly permitted by state law, no person shall transmit any message over any telephone or telegraph line or wire knowing that such message is to be used in connection with conducting or carrying on a betting pool or making book or selling pools on races or other contests or of betting or laying of wagers upon the result of any race or contest." SECTION 7. That Section 7.20.160 of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.20.160 TIP SHEETS. Except as otherwise expressly permitted by state law, no person engaged in conducting or carrying on a betting pool or in conducting the business of making book or selling pools on races, or the betting or laying of wagers upon the results of any race or contest, shall have in his or her possession any written or printed form, chart, table, list sheet, circular or publication of any kind giving or purporting to give any list of entries for any horse race or other contest thereafter anywhere to take place, if there be written or printed or published as part thereof, any tip, information, prediction or selection of, or advice as to, or any key, cipher or cryptogram indicating, containing or giving any tip, information, publication or selection of, or advice as to the winner or probable winner, or a loser or probable loser, or the result or probable result of any such race or other contest or the standing or probable standing of any horse or contestant therein or any statement as to, or comment upon, or reference to, the form, condition or standing of any horse or other contestant, or the actual, probable or possible result of any race or contest, or the actual, probable or possible state, past, present or future of the betting, wagering or odds upon or against any horse or other contestant named in such list, or probable or possible list, or entries unless the names of such horses or other contestants shall be arranged in such list, or probable or possible list, in alphabetical order, and shall all be printed in type of the same size and face and of identical appearance, and shall all be printed flush with the left side of the column in which the same are printed, or all and equal distance therefrom." SECTION 8. That Section 7.20.170 of Chapter 7.20 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.20.170 POSSESSION OF BOOK OR DEVICE FOR RECORDING BETS AND WAGERS. Except as otherwise expressly permitted by state law, no person shall have in his or her possession any book, paper, 7 apparatus, device or paraphernalia for the purpose of recording or registering any bet or any purported bet or wager, or any purported wager, upon the result, or purported result, of any trial, or purported trial, or contest or purported contest, of skill, speed, power or endurance of man or beast, or between men, beasts or mechanical apparatus, or upon the result or purported result of any lot, chance, casualty or contingent event whatsoever." SECTION 9. That Section 7.22.010 of Chapter 7.22 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 7.22.010 DUTY TO KEEP REGISTER. Every person in control of any hotel, motel, inn, apartment house, rooming house or lodging house in the City shall keep at all times a register for the registration of guests, which said register shall be kept in either a substantially bound book, compilation of registration cards, or electronic format; and which register shall be preserved for a minimum period of three years after the date of its most recent entry; and every such register shall, at all times, be subject to inspection by police officers or other members of the Police Department, code enforcement officers, city audit staff members, and any other city officer or employee for law enforcement or other official city business purposes." SECTION 10. That Section 7.22.020 of Chapter 7.22 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 7.22.020 GUESTS MUST REGISTER. No person in control of any hotel, motel, inn, apartment house, rooming house or lodging house, or the letting of any suite, room or bed to any person or persons in any such facility in the City shall let or assign any suite, room or bed in any such facility to any person until after such person shall have registered his name and address in the register herein provided to be kept, and thereafter such register shall be made to show correctly the year, month, day and hour of the arrival of such person thereat and the number of the suite or room let or assigned to such guest; and such person in control of such hotel, 9 motel, inn, apartment house, rooming house or lodging house, or the letting of any suite, room or bed therein shall at the time of the departure of each guest, endorse upon such register the date of such departure; nor shall any person erase, alter, delete or remove any name, address or other required information written in such register." SECTION 11. That Chapter 7.36 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 12. That Chapter 7.40 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 13. That Chapter 7.48 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, repealed in its entirety. SECTION 14. PENALTY. Except as may otherwise be expressly provided herein, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370." SECTION 15. SEVERABILITY The City Council of the City of Anaheim declares that 4._ should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this 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 16. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment 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 thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially pi 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 15thda of October 2002. L! Y MAYOR OF THE CITY O AHEIM ATTEST: 1 CITY CLERK OF THE CITY OF ANAHEIM 46008.1 10 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. 5831 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 1st day of October, 2002, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: ABSTAINED (SEAL) MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None 1 i dITY CLERK OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) 1 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 24, 2002 1 certify (or declare) under the penalty of periury 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 24, 2002 C` Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp �15 .%NEW, ,Tao q This ordIMMOD OM440 dM fal M �> pro- visiorm o(Illi lli 7 ottbe AnNxkn uric (t) Ch 7.04, regulding anudeeur boxkV cO(,M•p• 7 oi. ms Cortarrt. W{kry, eab�uidd , doAmic ind6berxne + of anfp cl,,p��r 7.10, nstnodw onthe advedloft, dis- *=. (4) Mtarrd ChWW Y2 feN t0 crNarws of ( Amwa1 *wp_ er 716 MWkV to dl pubotk dk-- es naw by Gkb law. ( 7.20.1116 foll9ft to pmhgWJon of book- R18rn IMASO /W&W 10 uNawM SWO or or uon .war. (rsp� 7.88 relating to UN*V rd soon of (r ild efd �ttarp. C feplrr 7.40 ebb a"% aft P960V mer da(rIlL ppa�w) 7.48 reWirg b ltanlltrg or n9 with a t use by a pmed- dld— No. was rtaodwwrduurw aaet- r d+ftts ofiNre'Ggr aFBnkhw„ oo°f� t`.e day AYES: .ttg�.Wy, CCo rcl Members: ice. Kft. Noes: Norm ASSENT- s f�lnoraw T cor=iMit++� In #ftM%%Wb of 5�1, WhWh hWJWsdas been prapwd pummwftio 9ec9en 6 2 a(*,* Chrlar d the of A MhMim. This sunmry does Aof lrrdlaN lxds- hely dtwonftnarwearlfshouldnolbe rowon si for "*A "d CUM ardlnerKM. ToabYfn a *A t olid of Yr ordMMrros. plans con. 8��Alif'aMW'�'00�'7���. � na charge ford» copy.