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5732ORDINANCE NO. 5732 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 1.01.385 TO CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO REIMBURSEMENT FOR VANDALISM THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 1.01.385 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code be, and the same is hereby, added, to read as follows: "1.01.385 COSTS OF ENFORCEMENT FOR ACTS OF VANDALISM -- REIMBURSEMENT Upon the conviction of any person pursuant to Section 594 subsection (c)(2) of the California Penal Code for acts of vandalism, the court may, in addition to any other punishment imposed under subdivision (b) of that section, provided that the court determines that the defendant has the ability to pay any law enforcement costs not exceeding two hundred fifty ($250), order the'ddfendant to pay all or part of the costs not to exceed two hundred,agifty dollars ($250) incurred by the law enforcement agency in identifying and apprehending the defendant. The law enforcement agency shall provide evidence of, and bear the burden of establishing the reasonable costs that it incurred in identifying and apprehending the defendant. Law enforcement costs authorized to be paid pursuant to this section are in addition to any other costs incurred or recovered by the law enforcement agency, and payment of these costs does not in any way limit, preclude or restrict any other right, remedy, or action otherwise available to the law enforcement agency." SECTION 2. 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 this 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. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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 license or penalty or the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar as they are substantially 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. SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 13th da of June 2000. Z? MAYOR OF THE CITY OF AN IM ATTEST: CI Y CLE { OF THE CITY OF ANAHEIM 35872.1 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. 5732 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 6th day of June, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of June, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5732 on the 13th day of June, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of June, 2000. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5732 and was published once in the North County News on the 22nd day of June, 2000. lsw n1 `� . -: _