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5591ORDINANCE NO. 5591 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 13.080.110 DESIGNATING ALL PUBLIC PARKS WITHIN ANAHEIM AS DRUG FREE ZONES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS The City Council of the City of Anaheim hereby finds and declares as follows: A) The sale of drugs to children is particularly deplorable in that it is illegal, increases violent crime, fosters prejudice, destroys young lives, and has disastrous effects on families, on communities and, ultimately, on the future of our nation. B) California Health & Safety Code Section 11380.5 authorizes the imposition of enhanced sentences in the state prison for any person who is convicted of the possession for sale or the sale of heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), if the violation occurred upon the grounds of a public park, including adjacent public parking lots and sidewalks, provided (1) the city council having jurisdiction over the public park adopts an ordinance designating the public park as a "drug-free zone" pursuant to that code section, and (2) notice of the law is posted at the public park. C) "Drug-free zones" not only result in enhanced punishment for persons arrested and convicted of selling drugs upon the grounds of a public park, but also symbolize the City's commitment to eliminating the use and sale of illegal drugs within the City. SECTION 2. That Chapter 13.08 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended by adding Section 13.08.110, which section shall read as follows: "13.08.110 DESIGNATION OF PUBLIC PARKS AS DRUG-FREE ZONES .010 All public parks within and under the jurisdiction of the City of Anaheim, including adjacent public parking lots and sidewalks, are hereby designated "drug-free zones" within the meaning of California Health & Safety Code Section 11380.5." SECTION 3. The Director of the Department of Community Services shall cause signs to be posted at all public parks hereby designated "drug- free zones" providing notice of the enhanced penalties authorized by California Health & Safety Code Section 11380.5 as result of the designation of the public parks as "drug-free zones." SECTION 4. The Orange County Office of the District Attorney shall be advised of the City's adoption of this Ordinance as part of its continuing war against drugs, and encouraged to seek enhanced prison sentences for those persons convicted of the crime of possession for sale or the sale of the illegal drugs enumerated in California Health & Safety Code Section 11380.5. SECTION 5. 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 6. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 11th aX 0 Aarch 1997. MAYOR OF THE CITY OF EIM ATTE � CITY CLERK OF TET CITYANAHEIM 0020660.01/clt 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5591 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 25th day of February, 1997, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11 th day of March, 1997, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5591 on the 11th day of March, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 11 th day of March, 1997. CITY CLERK Of THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5591 and was published once in the North County News on the 20th day of March, 1997. CITY CLERK OF THE CITY OF ANAHEIM