Loading...
6149ORDINANCE NO. 6149 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .080 TO SECTION 4.64.030 OF CHAPTER 4.64 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SECONDHAND DEALERS AND PAWNBROKERS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That a new subsection .080 be, and the same is hereby, added to Section 4.64.030 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code, to read as follows: ".080 Acquired from a 501(c)(3) corporation or other non-profit organization that obtained the secondhand property by gift and the seller is a person, firm partnership or corporation whose principle business is primarily that of selling secondhand property or personal property directly to the consumer." 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 here from 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. 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 therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 23 day of June , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 21 st day of July , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NOES: NONE ABSENT: Council Member Kring ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY ANAHEIM 73110. v 1 /MGordon 2 CITY OF AN IM By: MAYOR OF THE CIT F A AHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) Ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 30, 2009 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: July 30, 2009 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION of Publication of ORDINANCE NO. 6149 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING A NEW SUBSECTION .060 TO SECTION 4.64.030 OF CHAPTER 4.64 OF TITLE 4 OF THE ANAHEIM MUNICI- PAL CODE RELATING TO SECONDHAND DEALERS AND PAWNBROKERS. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That a new subsection .080 be, and the same is hereby, added to Section 4.64.030 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code, to read as follows: ".080 Acquired from a 501(c)(3) corporation or other non- profit organization that obtained the secondhand property )y gift and the seller is a person, firm partnership or corpo- ration whose principle business is primarily that of selling secondhand property or personal property directly to the consumer." 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 ordi- nance independent of the elimination here from of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of anyother ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions 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 rovisions of this ordinance, insofar as they are substantial - , the same as ordinance provisions previously adopted by I a City relating to the same subject matter, shall be con- strued 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 of the re- quirements of this ordinance. Any person, firm or corpora- tion 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 sep- arate offense for each day during any portion of which any violation of any of the provisions of this ordinance is com- mitted, continued or permitted by such ppeerrson, firm or cor- poration, and shall be punishable theratore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regu- lar meeting of the City Council of the City of Anaheim held on the 23rd day of June, 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 21st day of July, 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members, Hernandez, Sid u, Galloway NOES: NONE ABSENT: Council Member Kring ABSTAIN: NONE CITY OF ANAHEIM By: /s/ Curt Pringle T MAYOR OF HE CITY OF ANAHEIM ATTEST: /s/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin July 30 2009 9125025