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5756ORDINANCE NO. 5756 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .015 OF SECTION 18.12.080 OF CHAPTER 18.12 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (WAIVER OF FENCE HEIGHT IN FRONT YARD SETBACK). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .015 of Section 18.12.080 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".015 Maximum Height requirements of Title 18 "Zoning" for fences, walls, hedges and berms as may be permitted in any required structural setback or yard, except the following: .0151 Fences, walls, hedges and berms in the front yard setback of properties zoned single- family residential or properties developed with single-family homes in any zone; or .0152 Fences, walls, hedges and berms in the required yard area adjacent to any public street for properties zoned multiple -family residential or properties developed with multiple -family homes in any zone." 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. 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 27th day of February , 2001. raA— - DIZ7� MAfOR OF THE CITY OF ANAHEIM ATTEST: ITY CLERK OF THE CITY OF ANAHEIM 37826.2\SMANN\112800 P" 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. 5756 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of February, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of February, 2001, by the following vote of the members thereof: AYES NOES ABSENT (SEAL) MAYOR/COUNCIL MEMBERS MAYOR/COUNCIL MEMBERS MAYOR/COUNCIL MEMBERS Feldhaus, Kring, Tait, McCracken, Daly None None CI Y CLERK OF THE CITY OF ANAHEIM ,AF'FIDAVII OF PUBIM ATION I -A It 01 i? 1 IFORNI S� ouniti of t -ranine ro: I lizen til th( '' fined titates ant[ a re;ulenl tilt• I .ImnI% At orc,aid I am o1 er thr age (1t htcc , Ycal, am It'll a parte u) OI Illeli,'SW T In til, r ov c (.]little . moni I dill tilt nrmcpal crA of the Anaheim Bulletin a iii, tk pupci Ilial '10> )ecn adlmdvcd to he a nevsp,lper (0 sri•nrtai-Irculanon --. licSupeiioi (,)tilt of tr)t� if( range- Mall• of ( ahlbnn;t on %l'C+ 111 r'I 2,x 1 ()ti 11 a't, Nu 'A- � i. t'., 1 Ill and , I�ie n} nf-inar'.�.�In,. (ountti of n-;ing( ,li( („ ('alifnrnla ha 'he imice )On, It th-. ,ou;tc vt , Is a n is pl ,wil "Ipc- na, It -; n i*ilhl i11 I Il] 021111 I AILII and Cilllil' ]�iLICt ( I sant r -A parer And not : ori" :tlpplcnlellthem tit k, Ift IT'InP ". 1,At it it dec a, I .uidc( the nizil til ;IIIA -110cl IlIe I:� (o the �Tatc ill ' ahh)rnl. J"ll `1i (112Holllv. I. •I illalld :('In" ',C' 111.1 al ';anti ITA i)rallu( -it, )C4 a_ ,t. 'V1 ircl- K _'O(, it'. odlllll' Itnaneun Bulletin Q5 `., I rand A% e. Santa Ana- CA 92701 "1X) 796-7000 1 1002 PROOF OF PUBLICATION I ills .puce I� 'ol the Counly ('lerk's Filing Stamp Proof of publication of ORDINANCE NO. 5758 ANAHEIM THE CITY OF ANAHEIM HEREBY SECTION 1. That subsection .015 of Section 18.12.080 of Chapter 18.12 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to reed as follows: ".015 Maximum Height requirements of Tule 18 "Zoning' for fences, walls, hedges and berms as may be permitted in any required structural setback or yard, except the 0151 Fences, wails, hadges and berms in the front yard set- back of properties zoned single-family residential or proper- ties developed with single-family homes In any zone; or .D152 Fences, walls, hedges and berms In the required yard area adjacent to an public street for properties, zoned multiplwfamily residential or properties developed with multiple -family homes in any zone." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section,paragraph, sentence w word of this ordinance of the Code, hereby adopted, be declared for any reason to be Irivalid, it is the Intent of the Council that it would have passed all other portions of this ordi- nance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVING 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 Provi- sions 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 construct - ad as restatement and continuations, and not as new enactments, SECTION 4. PENALTY It shall be unlawful for any person, firm or corporation to vio- late any provision or to fall to comply with any of the require- ments of this ordinance. Any person, firm or corporation vio- lating anyprovision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a mis- demeanor and upon conviction thereof shall beunlshad by a fine not exceeding One Thousand Dollars (;1,000.Do) or by imprisonment not exceeding six (8) months, or b both such fine and Imprisonment. Each such person, f rm or corporation shall be deemed guilty of a separate offense for each dayy during any portion of which any violation of any of the pr= ion 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 tat day at '.. March. 2001. is,' Tom Daly, Mayor of the City of Anaheim Attest Sheryll Schroeder City Clerk of the City of Anaheim Publish: Anaheim Bulletin March 8, 2001 25-29814513883