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1773License Dept Planning Building Dpl Fire Dept Public Wrks Police Dept ORDINANCE NO. 1773 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 6.42 AND INCLUDING THEREIN SECTIONS 6.42.010 TO 6.42.150, BOTH INCLUSIVE, RELATING TO CHRISTMAS TREES. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 6 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto Chapter 6.42 reading as follows: "CHAPTER 6.42 CHRISTMAS TREE ORDINANCE "SECTION 6.42.010. PERMIT REQUIRED. "No person, firm, partnership, or corporation shall establish or maintain within the City any premises for the purpose of sale, gift, or other disposition of any Christmas Trees except as provided in this chapter. "SECTION 6.42.020. LICENSE DIVISION TO ISSUE PERMITS. "Permits for the temporary display and sale of Christmas Trees shall be issued by the City License Division after approval of such permit by the License Division, Planning Department, and Fire Department. "SECTION 6.42.030. APPLICATIONS FOR PERMITS. "Applications for such temporary permits shall be made in writing and filed with the City License Division at least 10 days before the date the applicant desires to commence the sale of Christmas Trees and shall state the name of the applicant, his address, the location of the premises proposed for the sale or disposition of Christmas Trees, and the names and addresses of the persons who will actually operate the premises for such sale or disposition. Application for the sale of Christams Trees by any charitable, fraternal, or benevolent organization shall state the name of such organization and shall state the name of the person or organization to which the proceeds will be donated or otherwise received. Copies of said application shall be sent to the Building Department and Fire Department. "SECTION 6.42.040. SAME. FILING FEE. "The application shall be accompanied by a filing fee payable to the City of Anaheim in the sum of Five Dollars ($5.00), no part of which shall be waived or refunded. -1- "SECTION 6.42.050. SAME. LIMITATION ON PERMITS. "Every person, firm, partnership or corporation receiving a permit pursuant to this chapter for the sale of Christmas Trees and having as its primary business the temporary display and sale of Christmas Trees shall be limited to one such permit per year and shall be limited to one location for the sale of Christmas Trees. Such permit shall not be transferable. "SECTION 6.42.060. SAME. EXPIRATION OF TEMPORARY PERMIT, "Every temporary permit for the display and sale of Christmas Trees shall expire on the 7th day of January of the year immediately following the Christmas for which the permit was approved and issued. "SECTION 6.42.070. SAME. APPEAL FROM DENIAL OF PERMIT. "If the application for a temporary permit be disapproved by the License Division, Planning Depart- ment, or Fire Department -on the ground that provisions of this chapter have not been complied with, the applicant may take an appeal from such action by filing a written notice of appeal from such denial with the City Council. Such written notice shall be filed with the City Clerk within 10 days of the date of the receipt, by the applicant, of written notice of denial from the License Division. Such written notice of appeal shall set forth the reasons far appeal from the denial of the application. Upon receipt of a notice of appeal, a.hearing shall be set before the City Council not less than 10 days, nor more than 30 days, from the date of the filing of the appeal. Upon such hearing the Council may deny the application or grant the application upon such conditions as the Council shall deem proper. "SECTION 6.42.080. SAME. POSTING OF CASH SECURITY. m2® "At the time of approval of any such temporary permit, the License Division shall require the aplicant to deposit the sum of One Hundred Dollars (U00.00) cash to insure that the premises used for the temporary display and sale shall be cleared of all equipment and temporary structures used in connection with such sale and display and that such premises shall be left in a clean and sanitary condition. If such equipment and temporary structures be removed and such premises are left in a clean and sanitary condition on or before midnight of January 7th of the year immediately following the year in which the application for such permit was filed, the said cash shall be returned to the applicant. If the premises are not put in a clean and sanitary condition, and if all equipment or temporary structures used in connection with the temporary display and sale of Christmas Trees be not removed, then City or its agents or employees may enter upon the property and do all things necessary to clean said premises and remove said equipment and m2® temporary structures, and the cost of such work shall be deducted from said cash deposit and the remainder', if any, returned to the permittee. As a condition to the acceptance of the permit it shall be expressly agreed in writing by both the owner of the the premises as well as the permittee that the City or its agents shall have authority to enter upon the premises to carry out the provisions of this section. "SECTION 6.42.090. SAME. LIABILITY AND PROPERTY DAMAGE INSURANCE. "At the time of approval of any such temporary permit, the applicant shall file with the City Clerk public liability and property damage insurance covering its operations in and about the premises in a minimum amount of Twenty-five Thousand Dollars ($25,000.00) for death or injury of one person, and Fifty Thousand Dollars ($50,000.00) for death or injury of more than one person, and Five Thousand Dollars ($5,000.00) property damage and shall file a certificate of such insurance with the City Clerk. "SECTION 6.42.100. SAME, FIRE EXTINGUISHER ON PREMISES. There shall be maintained in each premises within which Christmas Trees are sold or offered for sale a fire extinguisher of at least two and one-half gallon capacity and in good order and condition and of a water type approved by the Chief of'the Fire Department. "SECTION 6.42.110. SAME, INSPECTION OF PREMISES. "After the approval of said permit and upon the establishment of such premises, the Fire Department shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Title 16 of the Anaheim Municipal Code. "After the approval of said permit and upon the establishment of such premises, the Building Depart- ment shall inspect said premises to insure said premises are in all respects in conformity with the provisions of Chapter 15.16 of the Anaheim Municipal Code. "If the inspection of either of the aforementioned departments reveals that said premises do not conform to the aforementioned provisions of the Anaheim Municipal Code, such premises shall not be operated for the purpose of the temporary sale or disposition of Christmas Trees until such time as said premises do conform to such provisions. "SECTION 6.42.115. SAME. PARKING AND ZONING REQUIREMENTS. "No such premises shall be established unless adequate parking has been provided for the use of the customers of such premises. Such parking provisions shall not result in the creation of dust conditions, and no such premises shall be -3- established in any zone except C, M or R®A Zones, unless the City Council shall, upon proper applica- Is tion to it, approve the establishment of premises in some other location.. "SECTION 6.42.120. SAMEo ESTABLISHMENT OF TEMPORARY STRUCTURES ON PREMISES. "If guards or watchmen are provided for the purpose of watching Christmas Trees on any premises, such guards or watchmen shall be at least eighteen years of age. "Temporary sanitary facilities may be provided by the permittee for the use of guards, watchmen and other persons connected with the sale of such Christmas Trees, remaining on the premises. Such sanitary facilities shall be subject to the approval of the Department of Public Works. "Provisions may also be made by the permittee for the placement of temporary structures, house trailers or tents on the premises for the use of the permittee or his agents. Any temporary structure, house trailer or tent shall be subject to the approval of the Building Department. "SECTION 6.42.130. SAME. ADULT ON DITTY DURING SALES HOURS "A person of at least 18 years of age shall be on duty at all times during the sale of Christmas Trees and all sales shall be made from the premises. "SECTION 6.42.140. SAME. SEVERABILITY. "If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted and passed this chapter and each section, subsection, sentence, clause and phrase there- of irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or void. "SECTION 6.42.150. SAME. PENALTY FOR VIOLATIONS. Q'Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and shall, upon conviction thereof, be punishable by a fine not exceed- ing Five Hundred Dollars ($500.00), or by imprisonment in the City or County Jail not exceeding six (6) months, or by both such fine and imprisonment. Failure of a permittee to conform to all applicable provisions of this chapter shall constitute grounds for denial of a subsequent permit under this chapter." SECTION 2. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published once within fifteen (15) days after its adoption, in the Anaheim Bulletin, -4- a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 7th day of November , 1962. i ATTEST: CrTly CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Anaheim, held on the _30th day of October 1962 and that the same was passed a—nc-adopted at a re ular meeting of said City Council held on the 7th day o November , 1962) by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons. NOES: COUNCILMEN: None ABSENT: COUNCILMEN. Alone AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance on the 7th day of November , 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of . November , 1962. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1. BENE M, WILLIAMS. CITY CLERK OF THE CITY OF ANAHEIM ©(j HEREBY CERTIFY THAT THE FOREGOING ORDINANCE No. J 7 7?' WAS PUBLISHED ONCE IN THE ANAHEIM BULLETIN ON Ti�fE / �Z/lCti� c`'� ��7Z�-�?L /���' 2 .. r -5-