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5784ORDINANCE NO. 5784 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CODE SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (FENCES, WALLS, HEDGES AND BERMS; FREEWAY - ORIENTED SIGNS AND SELF-SERVICE LAUNDRIES). THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsections .101 and .102 of Section 18.04.043 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 11.101 Fences, Walls, Hedges and Berms in Front Yards. (a) Except as otherwise provided in this subsection .101, the maximum height of any fence, wall, hedge or berm, shall not exceed thirty-six (36) inches within any required front yard setback area or any required street setback area in a multiple -family zone, with the exception of the following: (1) Lots developed with single-family residences and fronting on either a major highway or scenic expressway, as designated on the General Plan, shall be permitted to have fences or walls not to exceed eight (8) feet in height subject to the approval of an Administrative Adjustment as set forth in Section 18.12.080 of this Code with the following additional requirements: (i) A ten (10) foot landscaped area shall be provided between the fence or wall and the public right-of-way. (ii) Walls and screen type planting in excess of thirty-six (36) inches in height shall be subject to review and approval by the City Traffic and Transportation Manager for line -of - sight visibility. (b) Chain link fencing visible from the public right-of-way (excluding alleys) shall be prohibited with the exception of the following: ORDINANCE NO. 5784 AN ORDINANCE OF THE CITY OF ANAHEIM AMEi4DING VARIOUS CODE SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPgqW{� Cep E RELATING TO ZONING (FENCES WALLS, HEDGES AND BERMS; FREEWAY- ORIENTEDSIONe-ATJ!I FUWICELAtVr4R1ESX,, c . g& .s ► z y1 w. TH�ITY�6``06NA OO TA %F ANA IM HABY 4604M - AS FOLLOWS: SECTION -t That subsections .101 and .102 of Section 18.04.043 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".101 Fences, Walls, Hedges and Berms in Front Yards. (a) Except as otherwise provided in this subsection .101, the maximum height of any fence, wall, hedge or berm, shall not exceed thirty-six (36) inches within an required front yard setback area or any required street setback area in a multiple -family zone, with the exception of the following: (1) Lots developed with single-family residences and fronting on either a major highway or scenic expressway, as designated on the General Plan, shall be permitted to have fences or walls not to exceed eight (8) feet in height subject to the approval of an Administrative Adjustment as set forth in Section 18.12.080 of this Code With the following additional requirements: (i) A ten (10) foot landscaped area shall be provided between the fence or wall and the public right-of-way. (ii) Walls and screen type planting in excess of thirty-six (36) inches in height shall be subject to review and approval by the City Traffic and Transportation Managerlor line -o -sight visibility. (b) Chain link fencing visible from the public right-of-way, (excluding alleys) shall be prohibited with the exception of the following: (1) Industrial Zones. Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and 18.63.068. - (2) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site boundary of a vacant lot or construction site in any residential zone. Within non-residential zones, chain link fences may be a maximum of eight (8) feet in height. Chain link fences surrounding vacant lots and construction sites shall be main- tained by the property owner in a good and safe condition. Screening applied to such fencing shall be permitted as ap- proved by the Planning pirector or_his or her designee and the City Traffic and Transportation Manager. All chain link fencing shall be removed upon completion of construction. (c) Barbed wire and razor wire fencing visible from the public right-of-way (excluding alleys) or non -industrially zonec property shall be prohibited. (d) No fence, wait, hedge or berm shall be required across any approved vehicular or pedestrian accessway. (e) The vertical extension, maintenance and/or repair of any section of any fence, wall, hedge or berm which is visi- ble from the public right-of-way (excluding alleys) or from non -industrially zoned property shall be of the same material, color and design as the fence, wall, hedge or berm to which it is attached to ensure that the fence, wall, hedge or berm maintains a consistent appearance. Repainting, replastering, replanting or other maintenance shall be applied to the en- tire visible portion of the fence, wall, hedge or berm. .102 Fences, Walls, Hedges and Berms in Rear and Side Yards. (a) Except as otherwise provided in this subsection .102, the maximum height of any fence, wall, hedge or berm shall not exceed six (6) feet within any required rear or side yard. (b) A fence, wall, hedge or berm with a maximum height of eight (8) feet shall be permitted along and immediately adjacent to the side and/or rear yard boundary line of any residence where said side and/or rear yard abuts a non- residential development. (c) A required fence, wall, hedge or berm along and immediately adjacent to the side and/or rear yard boundary line of any residential, commercial or industrial development where said side and/or rear yard abuts a public alley shall be a minimum height of six (6) feet and may not exceed a maximum height of eight (8) feet. (d) Within the required street side setback of any corner lot in a multiple -family zone, or any reversed corner lot or re - versed building frontage on a normal corner lot, the provisions of subsection 18.04.043.101 shall apply. (e) Chain link fencing visible from the public right-of-way (excluding alleys) shall be prohibited with the exception of the fol owing: (1) Residential and Commercial Zones. (i) A chain link fence not exceeding ten (10) feet in height shall be permitted in any required rear or side yard, except the street side of any reversed corner lot, provided said fence is used as parfof the enclosure of a tennis, paddle ball or other similar sports court. ' (ii) Chain link shall be permitted between single-family residences. (2) Industrial Zones. Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and 18.63.068. - (3) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site boundary of a vacant. lot or construction site in any residential zone. Within non-residential zones, chain link fences may be a maximum of ei ht,(8) feet in height. Chedh link fences surrounding vacant lots and construction sites shalt be main- tained by the pro owner'in a good and safe condition. Screening applied to such fencing shall be permitted as ap- Prov fened by the Planning Director or his or her designee and the City Traffic and, Transportation Manager. All chain link cing shall be removed upon completion of construction. (f) Barbed wire and razor wire fencing visible from the public right-of-way (excluding alleys) or non -industrially zoned property shall be prohibited. (g) No fence, wall, hedge or berm shall be required across any approved vehicular or pedestrian accessway. I (h) Where any alley is proposed to serve as joint access for any residential use or residentially zoned property, re- quirements for a fence, wall, hedge and/or berm may be modified or waived by the Planning Director or his or her desig- nee where the following may be satisfactorily shown: i (1) Any truck loading or trash collection areas are adequately screened from reasonable view from the residential use or residentially zoned property; and (2) No significant traffic problems will be created by such joint use, as determined by the Traffic and Transportation Manager or his or her designee. (i) The vertical extension, maintenance and/or repair of any section of any fence, wall, hedge or berm which is visible from the public right-of-way (excluding alleys) or from any non -industrially zoned property shall be of the same material, color and design as the fence, wall, hedge, or berm to which it is attached to ensure that the wall, fence or berm main- tains a consistent appearance. Repainting, replastering, replanting or other maintenance shall be applied to the entire visi ble portion of the fence, wail; hedge or berm." C_F zTION 2 That subsection .060 of Section 18.05.095 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Maximum Sign Width. All freeway -oriented signs permitted within this Section shall be limited to 121/2 feet in width." SECTION -1 That subsection .0442 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to delete paragraph .040) to read as follows: "18.55.0442 CONDITIONAL USES AND STRUCTURES. Iii addition to those conditional uses -end structures listed in Section 18.44.050, and further subject to 18.55.0441, above, the following buildings, structures, and uses may also be permitted subject to a conditional use permit and sub- ject to the conditions and required' showings of Section 18.03.030 'Conditional Use Permits - General:' .010 Bed and Breakfast inns. .020 Bingo establishments. .030 Bus depots.' .040 Deleted .r._r 1, I,. 1-+A, rt L, �1�4r41r E i +wa p r 4 f 1; 1 tEany person while on Anaheim Stadium property, Anaheim Convention Center property or Anaheim Aena property to inters elly throw, discharge, launch or spill any solid or I�'quid substance or otherwise cause such p substance to be thrown, discharged, launched, spilled or To becorrie'afrbclrw.3! to also urflflwful for any person while on Anaheim Stadium, Ana - beim Convent on Center or Anaheim Arena property to explode, set off, discharge or otherwise release or cause to be - Ieassd,enY amok B bc1D1d firework S aMrk baMb _ ing or debllifadng or whichye oHenaive, ugnaM Or p b. is physicatty:har-kik Phys"Iy irritate- - long Mese . This section shall not apply tro any duly authorized employee; agent, officer, lessee, aa" contractor of the Cih'p'yCityofAn-h of Anaheim, or an lessee, tenant or manager of shah faculty, while acting in the course and scope of duty, nor does it a to anyone who has been granted permission to pertorm any act prohib ted by this section by an employee w agent beim, orlesnt ormanager of such facility,dlyauthorzedto grant such permission. Furthertis section shall not apply to anygparticipant, member or employee of any regularly scheduled team, group, organization or Anaheim St dwrn, Anaheim Corn ernititon Can eaIor Anaheim Arena of any event, activity or performance on the property of Violation of this section is a misdemeanor." SECTION S. That Section 11.04.095 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code be, and the same is hereby, amend- ed to read as follows: "11.04.095 FIRES ON ANAHEIM STADIUM, ANAHEIM CONVENTION CENTER, ANAHEIM ARENA AND GOLF COURSE PROPERTIES. .010It is unlawfulfor any person to'start, maintain, add fuel to, or fail or refuse to immediately extinguish on demand of any city emplayee, any fire on Anaheim i6diurn proparry, Anaheim Convention Center r arty , Anaheim Municipal Goff Course property or Anafieim Rills Goff Course property, P oPerty' Anaheim Arena prop_ This section shall not apply toanyhrWin a portable gas stove or gas barbecue when the flame can be immediately ex- tingulshed by closing the valve to the fuel'sul". Manager oSheision 11 04.09is.010 shall enolo ry�o. n Person granted a permit for a fire by the City of Anaheim. The City necessary to protect health and sa Permits for Such fires and to irilpose such conditions as may be nance of such fires. may' '.Penndtee shall with all applicable laws in the starting and mainto- Eachpermit is subject to the condition that the porn ittee shall fully indemnify the.Clty of Anaheim, its lessee, tenants and facility managers, and their respective officers agents and erpployees from all liability arising from said fire." SECTION s SEVERABILITY The City Council of the City of Anahelmhereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted,. -be decimiadfor 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. SECTfON2- 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 viclafrons of ordinances which vtolatlorm were committed prior to the effective date hereof, nor be con- strued as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar ss the are sub inilly the soft as ordinanoe provisions previously adopted by the City relating o the same subject mailer, shall be carc strueedd as restatements and continuations, and not as new enactments. SECTION R PENALTTYIt � quiremenlll be unra ordinance any person; � w corporation to violate any provision or to fail to comp ty with any of there - with any of its requirements shall bei'' flrrrr or oorporaiion violating anyy provision of this ordinance or failing to comply fine not exceeding One'Fhpusand Dollars u of a misdemeanor and upon conviction thereof shall be Punished by a fine and imprisom ant. Eich such (���) Or by imprisonment not exceeding six (6) months, or by both such during any portion of which ��' firm of arsyreti°n shall be deemed guilty of a separate offense for each day by such person, firm or corporation, and hall bete#* provisions of this ordinance is committed, continued or permkled 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 25th day of September, 2001. TOM DALY ATTEST: MAYOR OF THE CITY OF ANAHEIM SHERYLLSCHROEDER CITY CLERK OF THE CITY OF ANAHEIM Introduced: special meeting of September 18, 2001 AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tart, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: Norte Published: Anaheim Bulletin Octoer 4, 2001 25-1257 4847410/41347482 (1) Industrial Zones. Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and 18.63.068. (2) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site boundary of a vacant lot or construction site in any residential zone. Within non-residential zones, chain link fences may be a maximum of eight (8) feet in height. Chain link fences surrounding vacant lots and construction sites shall be maintained by the property owner in a good and safe condition. Screening applied to such fencing shall be permitted as approved by the Planning Director or his or her designee and the City Traffic and Transportation Manager. All chain link fencing shall be removed upon completion of construction. (c) Barbed wire and razor wire fencing visible from the public right-of-way (excluding alleys) or non -industrially zoned property shall be prohibited. (d) No fence, wall, hedge or berm shall be required across any approved vehicular or pedestrian accessway. (e) The vertical extension, maintenance and/or repair of any section of any fence, wall, hedge or berm which is visible from the public right-of-way (excluding alleys) or from non -industrially zoned property shall be of the same material, color and design as the fence, wall, hedge or berm to which it is attached to ensure that the fence, wall, hedge or berm maintains a consistent appearance. Repainting, replastering, replanting or other maintenance shall be applied to the entire visible portion of the fence, wall, hedge or berm. .102 Fences, Walls, Hedges and Berms in Rear and Side Yards. (a) Except as otherwise provided in this subsection .102, the maximum height of any fence, wall, hedge or berm shall not exceed six (6) feet within any required rear or side yard. (b) A fence, wall, hedge or berm with a maximum height of eight (8) feet shall be permitted along and immediately adjacent to the side and/or rear yard boundary line of any residence where said side and/or rear yard abuts a non-residential development. 2 (c) A required fence, wall, hedge or berm along and immediately adjacent to the side and/or rear yard boundary line of any residential, commercial or industrial development where said side and/or rear yard abuts a public alley shall be a minimum height of six (6) feet and may not exceed a maximum height of eight (8) feet. (d) Within the required street side setback of any corner lot in a multiple -family zone, or any reversed corner lot or reversed building frontage on a normal corner lot, the provisions of subsection 18.04.043.101 shall apply. (e) Chain link fencing visible from the public right-of-way (excluding alleys) shall be prohibited with the exception of the following: (1) Residential and Commercial Zones. (i) A chain link fence not exceeding ten (10) feet in height shall be permitted in any required rear or side yard, except the street side of any reversed corner lot, provided said fence is used as part of the enclosure of a tennis, paddle ball or other similar sports court. (ii) Chain link shall be permitted between single-family residences. (2) Industrial Zones. Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and 18.63.068. (3) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site boundary of a vacant lot or construction site in any residential zone. Within non-residential zones, chain link fences may be a maximum of eight (8) feet in height. Chain link fences surrounding vacant lots and construction sites shall be maintained by the property owner in a good and safe condition. Screening applied to such fencing shall be permitted as approved by the Planning Director or his or her designee and the City Traffic and Transportation Manager. All chain link fencing shall be removed upon completion of construction. 3 (f) Barbed wire and razor wire fencing visible from the public right-of-way (excluding alleys) or non -industrially zoned property shall be prohibited. (g) No fence, wall, hedge or berm shall be required across any approved vehicular or pedestrian accessway. (h) Where any alley is proposed to serve as joint access for any residential use or residentially zoned property, requirements for a fence, wall, hedge and/or berm may be modified or waived by the Planning Director or his or her designee where the following may be satisfactorily shown: (1) Any truck loading or trash collection areas are adequately screened from reasonable view from the residential use or residentially zoned property; and (2) No significant traffic problems will be created by such joint use, as determined by the Traffic and Transportation Manager or his or her designee. (i) The vertical extension, maintenance and/or repair of any section of any fence, wall, hedge or berm which is visible from the public right-of-way (excluding alleys) or from any non - industrially zoned property shall be of the same material, color and design as the fence, wall, hedge, or berm to which it is attached to ensure that the wall, fence or berm maintains a consistent appearance. Repainting, replastering, replanting or other maintenance shall be applied to the entire visible portion of the fence, wall, hedge or berm." SECTION 2. That subsection .060 of Section 18.05.095 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".060 Maximum Sign Width. All freeway -oriented signs permitted within this Section shall be limited to 12 1/2 feet in width." 4 SECTION 3. That subsection .0442 of Section 18.55.044 of Chapter 18.55 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to delete paragraph .040) to read as follows: "'18.55.0442 CONDITIONAL USES AND STRUCTURES. In addition to those conditional uses and structures listed in Section 18.44.050, and further subject to 18.55.0441, above, the following buildings, structures, and uses may also be permitted subject to a conditional use permit and subject to the conditions and required showings of Section 18.03.030 `Conditional Use Permits - General:' .010 Bed and Breakfast inns. .020 Bingo establishments. .030 Bus depots. .040 Deleted .050 Markets or grocery stores without off -premise sale of alcoholic beverages having an interior building floor area of 30,000 square feet or less. .060 Markets or grocery stores with off -premise sale of alcoholic beverages having an interior building floor area of greater than 30,000 square feet. .070 Reconditioned or used merchandise sales. .080 Restaurants, as defined in Section 18.01.190, with or without on -premises sale and consumption of alcoholic beverages and/or public entertainment." SECTION 4. 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. 5 SECTION 5. 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 6. 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 25th day of September 2001. MAYOR OF TH CITY OF NAHEIM ATTES CITY CLER OF THE CITY OF ANAHEIM 41319.2\smann\080901 9 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. 5784 was introduced at a special meeting of the City Council of the City of Anaheim, held on the 18th day of September, 2001, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of September, 2001, by the following vote of the members thereof: AYES: NOES: ABSENT (SEAL) MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None CITY CLERK & THE CITY OF ANAHEIM 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: 3 0 October 4, 2001 $J5 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 4, 2001 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of N Signature 0 a a W U Q r.�Iaheim Bulletin > I-Zf� N. Grand Ave. Ana, CA 92701 LSlaqpa (7I23P96-7000 ext. 3002 LIJ 0 — n/ 6.i.. p _ N � PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of ORDINANCE NO. 5784 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS CODE SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (FENCES, WALLS, HEDGES AND BERMS; FREEWAY- ORIENTED,SIQN5 AND SEL.F,,SWICE LAIJ_IOIESj I HE'CITY (�OONCIi Or THE &YTt)F ANAk1El4M HEREBY 6�16MN$ AS FOLLOWS: SECTION 1. That subsections .101 and ,102 of Section 18.04.043 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: ".101 Fences, Walls, Hedges and Berms in Front Yards. ! (a) Except as otherwise provided in this subsection .101, the maximum height of any fence, wall, hedge or berm, shall not exceed thirty-six (36) inches within any required front yard setback area or any required street setback area in a multiple -family zone, with the exception of the following: (1) Lots developed with single-family residences and fronting on either a major highway or scenic expressway, as designated on the General Plan. shall be permitted to have fences or walls not to exceed eight (8) feet in height subject to the approval of an Administrative Adjustment as set forth in Section 18.12.080 of this Code with the following additional requirements: I j (i) A ten (10) foot landscaped area shall be provided between the fence or wall and the public right-of-way. (ii) Walls and screen type planting in excess of thirty-six (36) inches in height shall be subject to review and approval by the City Traffic and Transportation Manager jor line -of -sight visibility. I (b) Chain link fencing visible from the public right-of-way (excluding alleys) shall be prohibited with the exception of the following: (1) Industrial Zones. Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and li 18.63.068. (2) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site boundary of a vacant lot or construction site in any residential zone. Within non-residential zones, chain link fences may be a maximum of eight (8) feet in height. Chain link fences surrounding vacant lots and construction sites shall be main- tained by the property owner in a good and safe condition. Screening applied to such fencing shall be permitted as ap- proved by the Planning Director or: his or her designee and the City Traffic and Transportation Manager. All chain link fencing shall be removed upon completion of construction. (c) Barbed wire and razor wire fencing visible from the public right-of-way (excluding alleys) or non -industrially zoned property shall be prohibited. (d) No fence, wall, hedge or berm shall be required across any approved vehicular or pedestrian accessway. (e) The vertical extension, maintenance and/or repair of any section of any fence, wall, hedge or berth which is visi- ble from the public right-of-way (excluding alleys) or from non -industrially zoned property shall be of the same material, color and design as the fence, wall, hedge or berm to which it is attached to ensure that the fence, wall, hedge or berm maintains a consistent appearance. Repainting, replastering, replanting or other maintenance shall be applied to the en- tire visible portion of the fence, wall, hedge or berm. .102 Fences, Walls, Hedges and Berms in Rear and Side Yards. (a) Except as otherwise provided in this subsection .102, the maximum height of any fence, wall, hedge or berm shall not exceed six (6) feet within any required rear or side yard. (b) A fence, wall, hedge or berm with a maximum height of eight (8) feet shall be permitted along and immediately adjacent to the side and/or rear yard boundary line of any residence where said side and/or rear yard abuts a non- residential development. (c) A required fence, wall, hedge or berm along and immediately adjacent to the side and/or rear yard boundary line of .any residential, commercial or industrial development where said side and/or rear yard abuts a public alley shall be a minimum height of six (6) feet and may not exceed a maximum height of eight (8) feet. (d) Within the required street side setback of any corner lot in a multiple -family zone, or any reversed corner lot or re- versed building frontage on a normal corner lot, the provisions of subsection 18.04.043.101 shall apply. (e� Chain link fencing visible from the public right-of-way (excluding alleys) shall be prohibited with the exception of :he fol owing: (1) Residential and Commercial Zones. (i) A chain link fence not exceeding ten (10) feet in height shall be permitted in any required rear or side yard, except :he street side of any reversed corner lot, provided said fence is used as part'of the enclosure of a tennis, paddle ball or ather similar sports court. (ii) Chain link shall be permitted between single-family residences. (2) Industrial Zones: Chain link is permitted in the ML and MH zones as specified in Sections 18.61.068 and 18.63.068. (3) Vacant Lots and Construction Sites. Maximum six (6) foot high chain link fencing may be used around the site )oundary of a vacant lot or construction site in any residential zone. Within non-residential zones, chain link fences may )e a maximum of eight (8) feet in height. Chain link fences surrounding vacant lots and construction sites shall be main- ained by the property owner in a good and safe condition. Screening applied to such fencing shall be permitted as ap- )roved by the Planning Director or his or her designee and the City Traffic and Transportation Manager. All chain link ancing shall be removed upon completion of construction. (f) Barbed wire and razor wire fencing Visible from the public right-of-way (excluding alleys) »anon-industrialty zoned rroperty shall be prohlb0d. (g) No fence, watt hidge'or berfn ~bia requWod across any approved vehicular` or pede** eccessway. (h) Where err9 tie a for ar+Y`roeidetttld upla IbMk red � neL as thewenlmftft a modffbd or taaived —'r 7 Paw 7777, or k ora w { i etr7rfomh aradb ar p 0squately arneened from n th9 residenlial so tartng�idr a a YMAFtiwch joirrt wa, as Ewyvtbalgie'Arwd Teatwt6prfrtlott f pf l i 18.05 of T* 18 ofWIWI fila vlrtahsirti AAikNq f?oUe , a1t0 lira I IMyk= %df fila iiM ldi�etSMd permitted widen this iih t1le'ftllllad to 1171114siet in 18.55 of T4818 of OW AneFlalrrr 'Code be, m itltlta triad as folbwa. Fri "8 any person while on Anaheim Stad,um property. Anaheim C,onventin Center property tionally throw, discharge. launch or spill any solid or liquid substance or otherwise cau. discharged, launched. spilled or to become airborne. It is also unlaw'ul for any person heim Convention Center or Anaheim Arena property to explodeset et°.. discharge or o•' leased any smoke bomb, fireworks. stink bomb, or any gaseous substance which is of ing or debilitating, or which is offensive, repugnant or disgusting to the senses. This section shall not apply to any duly authorized empioyee agent, officer. lesser Anaheim, or any lessee, tenant ur manager of such facility, while acting in the course a to anyone who has been granted permission to perform any act omhioited by this sect. City of Anaheim, or any lessee, tenant or manager of such facility, duty authorized to gi section shall not apply to any participant, member or employee of any regularly sche& performer who is participating within the normal course and scope of any event activir, Anaheim Stadium, Anaheim Convention Center or Anaheim Arena. Violation of this section i•., a misdemeanor SECTION 5. That Section 11.04.095 of Chapter 11.04 of Ttle 11 of the Analhem 'vIunicipal Code b ed to read as follows: "11.04.095 FIRES ON ANAHEIM STADIUM. ANAHEIM CONVENTION CENTER, ANAHEi PROPERTIES. .0101t is unlawful for any person to start, maintain, add fuel to. or tail or refuse to im of any city employee, any fire on Anaheim Stadium property, Anaheim Convention Cent erty, Anaheim Municipal Golf Course property or Anaheim Hills Golf Course property. This section shall not apply to any fire in a portable gas stove or gas barbecue whe tinguished by closing the valve to the fuel supply. .020 Section 11.04.095.010 shall not apply to any person grantee a permit for afire Manager or his designee is hereby authorized to issue permits for such fires and to imp necessary to protect health and safety. Any permittee shall comply with all applicable Is nance of such fires. Each permit is subject to the condition that the permittee shall fui,v indemnity the C and facility managers, and their respective officers, agents and employees from all liabil SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that shoed any section, pa ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is th Would have passed all other portions of this ordinance independent of the elimination he may be declared invalid. SECTION 7, SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this C prosecution for violations of ordinances, which violations were committed prior to the eff, strued as a waiver of any license or penalty or the penal provisions applicable to any vio� this ordinance, insofar as they are substantially the same as ordinance provisions previo to the same subject matter, shall be construed as restatements and continuations, and n SECTION_a. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fe quirements of this ordinance. Any person, firm or corporation violating any provision of t with any of its requirements shall a deemed guilty of a misdemeanor and upon coni fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding fine and imprisonment. Erich such person, firm or corporation shall be deemed guilty of during any portion of which any violation of any of the provisions of this ordinance is con by such person, firm or corporation, and shall be punishable therefor as provided for in ti i j THE FOREGOING ORDINANCE is approved and adopted by the City Council of the September, 2001. ATTEST: SHERYLLSCHROEDER CITY CLERK OF THE CITY OF ANAHEIM Introduced special meeting of September 18. 2001 AYES: MAYOR/COUNCIL MEMBERS: Feidhaus, Knng, Tait.. McCrae -yen. Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None Published: Anaheim Bulletin Octoer 4, 2001 25-1257 4847410;4847462