6143ORDINANCE NO. 6143
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTIONS .030 AND .060 OF SECTION
18.38.095 OF CHAPTER 18.38 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO CIRCUS
AND CARNIVAL PERMITS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That subsection .030 of Section 18.38.095 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or
circus shall be issued for any project site during any calendar year; except that up to four (4) permits
for a carnival or circus may be issued for commercially zoned properties which are a minimum of
twelve (12) acres and that are not directly adjacent to residentially zoned properties or residential
uses. Project sites include, but are not necessarily limited to, the following:
0301 Vacant Site. Any vacant parcel or any group of adjoining vacant parcels.
.0302 Any Business or Commercial Retail Center. For the purposes of this section the term,
the term "Business or Commercial Retail Center" shall mean one (1) or more businesses that are
either (i) located on a single parcel of property or (ii) located on a group of parcels which are
developed as a single project with shared vehicle access, driveways and/or parking.
.0303 Any single parcel developed with a single land use or group of uses other than a
business or commercial retail center.
.0304 Any group of adjoining parcels developed with a group of land uses other than a
business or commercial retail center, and which parcels are developed as a single project with shared
vehicle access, driveways and/or parking."
SECTION 2.
That subsection .060 of Section 18.38.095 of Chapter 18.38 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for
a carnival or circus on the same project site for which the maximum number of permits for special
events, as defined in Section 18.92.220 ("S" Words, Terms and Phrases), has already been issued
during the same calendar year. The limitation contained in this Section shall not apply to
1
commercially zoned properties which are a minimum of twelve (12) acres and that are not directly
adjacent to residentially zoned properties or residential uses."
SECTION 3. 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 here from of any such portion as maybe declared invalid.
SECTION 4. 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.
SECTION 5. 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 therefore as provided for in this ordinance.
2
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 28th day of April, 2009, and thereafter passed and
adopted at a regular meeting of said City Council held on the 19th day of May, 2009, by the following
roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF AHEIM
By:
R OF THE C Y O ANAHEIM
ATTEST•
CZA
CITY CLERK OF THE CITY UF ANAHEIM
72422.vl /MGordon
AFFIDAVIT OF PUBLICAT ON
ov°h�O(, 41 2K
F ORDINANCE NO. 6143
STATE OF CALIFORNIA, )
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .030
3 AND .060 OF SECTION 18.98.Q85 OF GRAFTER 78.38 OF TITLE 18 OF THE ANA
ss.
-
d HEIM MUNICIPAL CODE RELATING.TO CIRCUS AND CARNIVAL PERMITS.
'
County of Orange
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
Y AS FOLLOWS:
'- SECTION 1.
I am a citizen of the United States and a resident
3' That subsection .030 of,Section lg•3g.Og5 pf Chapter 18.38 of Title 18 of the Anaheim
'na Municipal Code be, and the same is hereby, amended to read as follows:
of the County aforesaid; I am over the age of
H '
s 030 Mawllbm Number of Anneal Permgs. N. more than two (2) permits for a carnival
3_ �oir� s shall the issued for WW,prpjept site during an calendar year; except that up to
K_ () permits for a carnival or &cus may be issued. for
eighteen years, and not a party to or interested in
commercially zoned properties
which eopns a minlmum of twelve (12) @ores and that are not directly adjacent to residentially
zoned ins Fr o�wn�es or residential uses. Project sties include, but are not necessarily limited
the above -entitled matter. I am the principal
;f .0301 Vacant Site. Any vacant parcel or an group of adjoining vacant parcels.
s 0302 Any Business or CommerciefAstail Center. For the
For
of the Anaheim Bulletin, a newspaper that
purposes of this section the
tens, the term "Business or Cornrrtercial Center' shall mean one (1) or more busi-
nesses
I "yes that are either (i) located on a single parcel of prppBrty or (1) located on a group of
, are developed as a single project w'dh shared vehicle access,
driveways
and/or eways
parldnq
Any
has been adjudged to be a newspaper of general
q3"' single percefdaveb with a single band use or group of used other than a
business or commercial reel
circulation by the Superior Court of the County
0304 Any group of adjoining percale dove.pad with a group of land uses other than a
business or commercial retag center, and wh' fr �arceis are developed as a single project
with Shared vehicle access, driveways and/or ik
par ng.'
of Orange, State of California, on December 28,
SECTION 2.
1951, Case No. A-21021 in and for the City of
That subsection •080 of Section 18.38.095 ofChapter 18.38 of Title 18 of the Anaheim
Municipal Code be, end the same ro hereby, amended torsed as follows:
Anaheim Countye> e oof Oran Statf Californ> ia•
Orange,
".060 Prohibited Carnivals or Chooses• Under no circumstances shall a permit be is -
sued is a cam&* of circus'circus'On"smrne Proles site for which the maximum number of
permits far special everrts,as defined in Section 18.92.220 Words,
that the notice of which the annexed is a true
("S" Terms and Phras-
es)' has already been Issued during lbs same calendar year. The limitation contained in
this Section shag not, appy: t0 ppmmercialty zoned properties which are a minimum of
twelve acres and415at are not diactly adjacent to
residentially zoned properties or real -
dential uses."
us
printed copy, has been published in each regular
SECTION 3. SEVERAIBRJTY
and entire issue of said newspaper and not in an y
graph, TMs city Council of the Cgy of Ahaheim hereby declares that should any section, para_
sentence or word of this ordinance of the Code, hereby adopted, be declared
supplement thereof on the following dates, to
afor
yreason to be invalid, it is the infant of the Council that -it would nava passed all other
m y n be d�h�invalid. i���?t of� elimination here from of any such portion as
wit:
SECTION 4. SAVINGS #$;RUSE
May 28, 2009
Neither the adoption rd vas 4dinenpe nor the repeal of any other ordinance of this City
shall in any manner •shoat tate Prosecution, for violations of ordinances, which violations
cceents or penar� date hereof, nor be construed as a waiver of any li-
of this ordinance, �xrtar as they sae applicable to any violation thereof. The provisions
ally �
"I certify (or declare) under the penalty of
ouslysame as ordinance provisions previ-
ou adopted b the
and ungi� to the Owns subject matter, shall be construed as
COntirwatiOne, arnOZt as now enactments.
perjury under the laws of the State of California
SECTION 5. PENALTY
that the foregoing is true and correct":
It shall be unlawhrtfor arryperson, firm or rQrporation to violate any rovision or to fail
to comply wgh any of ffsfetMnhg of vire ordinanpe• Any Person, fPrm or co
violating any provision pf this prtigttutea or failing to comply
with of its requirements
shall be deemed glrigy of a rhiddir �t and upon conviction thereof shall be punished
by a fine not excead67 OrlsThptl} Dollars. ($I 000 00) or by imprisonment not exceed-
ing six (6) montlta' or y both wpt %O and fmPnspnment• Each such person I.
Executed at Santa Ana, Orange County,
or cor-
poration shag bed6dhnett tnf.a ate ofiernse for each day during any portion of
which an vblaticn bi oY of this ordinance is committed continued or
Permitted by suchperson, ��
California, on
ed for in this ordinance", and shall be punishable therefore as provid-
THE FOREGOING OR61MANOE ea* introduced at a regular meeting of the C' Coun-
cil of the City of Aneheht hsid on the 28th day of April, 2009, and thereafter
Date: May 28 2009
y
adopted at a rreuler maslirj,taf passed and
40111101 C* Counctl hell on the 19th day of May, 2009, by the
following roll vote:,`
AYES: Mayor Pratgla. Couridg 46mbemHernandez, Sidhu, Galloway, Wing
NOES: NONE-
�v
ABSENT: NONE
ABSTAIN: NONE
l _
S ignature
CIYOFANAHEIM
talcum Frile
MAYOR OFVE
Anaheim Bulletin
CITY OF ANAHEIM
ATTEST:
625 N. Grand Ave.
Santa Ana CA 92701
Ana,
/a/ Lida Andel
CITY CLERK OF THECIVOFANAHEIM
(714) 796-2209
Puwieh: AM,,elr 909S9
PROOF OF PUBLICATION