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5750ORDINANCE NO. 5750 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.10 TO TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO COMMERCIAL SOLICITATION IN THE RESORT AREA WHEREAS, a "Pedestrian Capacity Study for the Anaheim Resort Area" dated July 13, 2000 (hereinafter "Study"), a copy of which is on file and available for public inspection in the Office of the City Clerk, was prepared on behalf of the City of Anaheim and analyzes pedestrian volume and circulation patterns, and physical conditions throughout the Disneyland/Convention Center Area of the Anaheim Resort Area (hereinafter "Resort Area"); and WHEREAS, the area encompassed by such Study is generally coterminous with the Resort Area and is bounded on the north by Ball Road, on the south by Orangewood Avenue, on the east by the Santa Ana Freeway (Interstate 5) and on the west by Walnut Street (hereinafter "Study Area"); and WHEREAS, the Study Area is a tourist, business and entertainment area, with many existing and proposed hotels, currently receiving about 25 million visitors per year; and WHEREAS, the Study analyzed pedestrian traffic volumes and levels of service for all important walkways and crosswalks throughout the Study Area for both the existing and future uses; and WHEREAS, the Study reviewed the physical characteristics of certain streets and sidewalks within the Study Area that currently experience high volumes of pedestrian and vehicular traffic, which volumes are projected to increase; and WHEREAS, the presence of vendors on streets and sidewalks within the Study Area would obstruct such streets and sidewalks, thereby jeopardizing the safe and convenient circulation of the large number of pedestrians and motorists who utilize the streets and sidewalks; and WHEREAS, the presence of vendors on certain streets and sidewalks within the Study Area would create unfair competition with merchants within the Study Area; and WHEREAS, the aesthetic quality of the Study Area would be compromised by the presence of vendors on the streets and sidewalks of the Study Area; and ,r,. WHEREAS, the City has identified the need to monitor and forecast usage of existing pedestrian walkways and to determine whether pedestrian mobility and safety needs will be met with increased pedestrian levels projected within the Study Area due to planned recreation and lodging developments; and WHEREAS, having reviewed the current and projected impact of pedestrian and vehicular traffic on the streets and sidewalks within the Study Area as reported in the Study, and having considered the current and projected impact of vendor sales on certain streets and sidewalks within the Study Area, the City Council has determined that prohibiting vendor sales on certain streets and sidewalks within the Study Area is necessary to preserve and protect the safety and welfare of the public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 4.10 be, and the same is hereby, added to Title 4 of the Anaheim Municipal Code to read as follows: "Chapter 4.10 CObff4ERCIAL SOLICITATION IN THE RESORT AREA "4.10.010 Vending Prohibited in Designated Areas. "Notwithstanding any ordinance to the contrary, it is unlawful for any person to sell or offer for sale, or rent or offer for rent, any goods, wares, merchandise, foodstuffs, refreshments or other kinds of property or services on the following designated public streets and sidewalks within the City of Anaheim: (1) Ball Road, from the west side of Walnut Street to Palm Street east of Harbor Boulevard. (2) Disney Way, from Harbor Boulevard to the east side of Clementine Street. (3) Katella Avenue, from Walnut Street to the east side of Clementine Street, except for the south side of Katella Avenue between Walnut Street and West Street. (4) Convention Center Drive, from Katella Avenue to the south side of Convention Way. 2 Ir- (5) Convention Way, from West Street/Disneyland Drive to the east side of Harbor Boulevard. (6) Convention Center Walkway, from Katella Avenue to the south side of Convention Way. (7) West Street/Disneyland Drive, from Cerritos Avenue to the south side of Katella Avenue. (8) Harbor Boulevard, from Ball Road, to the south side of Convention Way. (9) Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor Boulevard. "4.10.020 Newsracks - Exception "The provisions of this Chapter shall not apply to the sale or offer for sale of periodicals in any newsracks authorized pursuant to Chapter 4.82 of this Code." 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 the 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation 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. 3 SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the 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 19th day of December 2000. V MAYOR OF THE CITY 0 ANAHEIM ATTEST: 37619.1/cflynn El 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. 5750 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of December, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS (SEAL) Kring, Tait, McCracken, Daly None Feldhaus CITY CL'�F THE CITY OF ANAHEIM