5891ORDINANCE NO. 5891
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 10.10.130 OF TITLE 10 OF THE ANAHEIM MUNICIPAL
CODE TO REDUCE THE PUNISHMENT FOR THE FIRST OFFENSE
OF REMOVING RECYCLABLES FROM CITY CONTAINERS
WHEREAS, any first or subsequent conviction for removing recyclables from city recycling
containers is currently punished as a misdemeanor; and
WHEREAS, a first misdemeanor offense is generally punished the same as would be an
infraction, but a misdemeanor prosecution involves significant additional expense in consequence
of a right to jury trial, multiple due process hearings, the intervention of the Public Defender or other
defense counsel, and multiple opportunities for delay, all of which would not occur in a prosecution
for an infraction to obtain the same penalty; and
WHEREAS, to prevent violators from being the subject of a criminal record for a first
offense, to conserve prosecutorial resources and City funds, and to continue to deter unlawful
conduct, the penalty for a first offense for such activity should be reduced from a misdemeanor to
an infraction and the penalty for a second offense should be punishable as either an infraction or a
misdemeanor, at the discretion of the City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
Section 1. Section 10.10.130.030 of Title 10 of the Anaheim Municipal Code is hereby
amended in its entirety to read as follows:
"The transportation or disposal of waste in violation of Section 10.10.070, 10.10.090
or 10.10.110 of this chapter is hereby declared to be a misdemeanor punishable as
set forth in Section 1.01.370 of the Code."
Section 2. That section of Title 10 of the Anaheim Municipal Code currently numbered as
Section 10. 10. 130.040 is hereby renumbered as section 10. 10. 130.050 of said Title.
Section 3. A new section 10. 10. 130.040 of Title 10 of the Anaheim Municipal Code is
hereby added to such Title to read as follows:
"The first violation of Section 10.10.020.030 committed by any person shall be an infraction
punishable in accordance with the applicable provisions of the California Penal Code. The
second and all subsequent violations of Section 10.10.20.30 committed by any person shall
be punishable as either an infraction or a misdemeanor, at the discretion of the City
Attorney."
Section 4. 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 a circulated in said city.
Section 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from and after the date of its adoption.
Section 6. 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 this 14th day of October -,2003.
ATTEST:
CITY CLE K OF THE CITY OF ANAHEIM
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MAYOR OF THE CITY OF AHEIM
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. 5891 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 30th day of September, 2003, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 14th day of October, 2003, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez
NOES: MAYOR/COUNCIL MEMBERS: None
TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
,,,CITY CLE K OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
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t rk ai t'ie Anaheim Bulletin, a newspaper thai
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Anaheim Bulletin
625 N Grand Ave.
9 Santa Xna, CA 92701
(714) 796-7000 ext. 3002
HOOF OF PI-)BLICATION
Phis space is for the County Clerk's Filing Stamp
i
ORDINANCE NO. 5891
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDINGSECTION
MUNICIPAL
CODE 10-10-130 OTO REDUCE THEF TITLE 10 OF
PUNISHMENT FOR THE FIRST OFFENSE
OF REMOVING RECYCLABLES FROM CITY CONTAINERS
WHEREAS, any first or subsequent conviction for re-
moving
emoving recyclables from city recycling containers is current-
ly punished as a misdemeanor; and
WHEREAS, a first misdemeanor offense is generally
punished the same as would be an infraction, but a misde-
meanor prosecution involves significant additional expense'
in consequence of a right to jury Wall, multiple due process
hearings, the intervention of the Public Defender or other de-
fense counsel, and multiple opportunities for delay, all of
which would not occur in a prosecution for an infraction to
obtain the same penalty; and
WHEREAS, torevent violators from being the subject
of a criminal recordfora first offense, to conserve prosecu-
torial resources and City funds, and to continue to deter un-
lawful conduct, the penalty for a first offence for such activi-
ty should be reduced from a misdemeanor to an infraction
and the penally for a second offense should be punishable
as either an infraction or a misdemeanor, et the discretion of
the City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY
OF ANAHEIM DOES ORDAIN AS FOLLOWS:
Sgctinn 1 Section 10.10.130.030 of Title 10 of the Ana-
heim Municipal Code is hereby amended in its entirety to
read as follows:
"The transportation or disposal of waste in violation of
Section 10.10. 70, 10.10.090 or 10.10.110 of this chapter is
hereby declared to be a misdemeanor punishable as set
forth in Section 1.01.370 of the Code."
Section -2- That sectio of Title 10 of the Anaheim Mu-
nicipal Code currently numbered as Section 10.10.130.040 is
hereby renumbered as section 10.10.130.050 of said Title.
Section -3 A new section 10.10.130.040 of Title 10 of
the Anaheim Municipal Code is hereby added to such Title
to read as follows:
"The first violation of Section 10.10.020.030 committed
by any person shall be an infraction puniaheble in accord-
ance with the applicable provisions of the California Penal
Code. The second and all subsequent violations of Section
10.10.20.30 comrrMted by any person shall be punishable
as either an infraction or a misdemeanor, at the discretion of
the City Attorney."
Section 4 PUBLICATION
The City Clerk shall certify to the passage of this ordi-
nance and shall cause the same to be printed once within fif-
teen (15) days after its adopton in the Anaheim Bulletin, a
newspaper of general circulation, published a circulated in
said city.
3eetion 5 EFFECTIVE DATE
This ordinance shall take effect thirty (30) days from
and after the date of its adoption.
Section s 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 adopt m
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 portio
as may be declared to be invalid.
THE FOREGOING ORDINANCE is approved and adopt-
ed by the Cay Council of the City of Anaheim this 14th day
of October, 2003.
Curt Pringle
MAYOR OF THE CITY OF ANAHEIM
ATTEST
Sheryl Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
This Ordinance was introduce at a regular meeting of the
C ty Council ot the City ot Anaheim on the 30th day of Sep-
tember, 2009 and duly passed and adopted on 14th of Octo-
ber, 2003 by the following roll call vote of the members
thereof:
AYES: Mayor Pringle, Council Members: McCracken,
Taa Chavez, Hernandez
NOES: Noe
ABSENT: None
Publish: Anaheim Bulletin
Octoblsr2p, 2003
8 5039978