5810ORDINANCE NO. :5810
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING,
DELETING AND AMENDING VARIOUS CHAPTERS,
SECTIONS AND SUBSECTIONS OF TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE, AND ADDING NEW SECTION
1.01.305 TO CHAPTER 1.01 OF TITLE 1 OF THE
ANAHEIM MUNICIPAL CODE, RELATING TO BUSINESS
REGULATION
WHEREAS, the City Council of the City of Anaheim
desires to conform Title 4 of the Anaheim Municipal Code to
changes in state law and previous amendments to the City Charter;
and
WHEREAS, the City Council desires to correct errors,
delete unnecessary provisions, and otherwise update various
provisions in Title 4, and add a new definition to Title 1, of
the Anaheim Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That new Section 4.04.030 be, and the same is hereby,
added to Chapter 4.04 of Title 4 of the Anaheim Municipal Code to
read as follows:
"4.04.030 `SIGN' GENERALLY DEFINED.
Except where otherwise expressly provided in this chapter,
_. the term `sign' as used in this chapter is hereby defined to be
any card, banner, handbill, poster, printing, writing, drawing,
painting, or pictorial representation which communicates, or is
intended to communicate, any advertising, notice, message,
direction or publicity of any kind."
SECTION 2.
That Section 4.04.100 of Chapter 4.04 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
114.04.100 POSTING SIGNS OR NOTICES ON BUILDINGS OR STRUCTURES
RESTRICTED.
It shall be unlawful for any person or entity to place or
maintain any sign upon any building, structure or property within
the City of Anaheim except as authorized by this Code or other
applicable provision of law."
1
SECTION 3.
That Section 4.04.120 of Chapter 4.04 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.04.120 NAME OF OWNER TO BE MAINTAINED ON ADVERTISING
STRUCTURE.
It shall be unlawful for any person or entity owning or
otherwise in lawful possession and control of any advertising
structure to fail, refuse or neglect to cause the name of such
person or entity to be plainly and clearly provided and
maintained in a conspicuous place upon such advertising
structure."
SECTION 4.
That Section 4.04.135 of Chapter 4.04 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 5.
That Section 4.04.140 of Chapter 4.04 of Title 4 of the
Anaheim Municipal Code be, and the smile is hereby, rF ealed.
SECTION 6.
That Section 4.04.180 of Chapter 4.04 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.04.180 SIGNS AND BANNERS OVER PUBLIC PLACES PROHIBITED.
It shall be unlawful for any person, firm or corporation to
erect, construct, suspend or maintain, or to cause to be erected,
constructed, suspended or maintained, any sign, advertising
structure or banner across or over any public sidewalk, street,
alley or any other public property except as otherwise expressly
authorized in this Code. Nothing contained in this section shall
be deemed or construed as applying to any sign, advertising
structure or banner erected, constructed, suspended or maintained
by the City of Anaheim for public purposes as approved by the
City Council of the City of Anaheim."
SECTION 7.
That Sections 4.04.210 and 4.04.240 of Chapter 4.04 of
Title 4 of the Anaheim Municipal Code be, and the same are
hereby, repealed.
K
SECTION 8.
That Chapter 4.06 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed.
SECTION 9.
That Chapter 4.14 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, amended in its entirety to read
as follows:
"Chapter 4.14
AMUSEMENT DEVICES
4.14.010 AMUSEMENT DEVICES DEFINED; RESTRICTIONS ON LOCATION.
.010 The term `amusement device' as used in this chapter
shall mean any game, exhibition, shuffleboard game, or amusement
or recreational device, or any electronic, computerized or
mechanical device or machine, which, upon the insertion of a
coin, slug, token, card, or any other object representative of
value, in any slot or receptacle attached to such device or
machine or connected therewith, or upon any other form of
payment, operates or which may be operated for use as a game,
contest or amusement or for the dispensing of music.
.020 No person shall conduct, carry on or manage the
business of, or maintain any amusement device which contains any
pay-off device for the return of coins, slugs, tokens, money,
checks or merchandise.
.030 In addition to the pay-off devices prohibited by
subsection .020 above, no person shall conduct, carry on or
manage the business of, or maintain any amusement device, with
the exception of devices or machines for the dispensing of music,
within six hundred feet of any public or private elementary or
secondary school; provided, however, the provisions of this
subsection may be waived by the City Council upon a finding that
such activity would not be detrimental to the public welfare, and
upon approval of the affected school district.
4.14.020 PERMIT REQUIRED.
No person shall install, operate, conduct or maintain five
or more amusement devices (hereinafter referred to in this
chapter as an `amusement device arcade') on premises owned or
under the control of such person without first having obtained,
3
and maintaining in full force and effect, a permit therefor in
the manner required by this chapter.
4.14.030 APPLICATION FOR AMUSEMENT DEVICE ARCADE PERMIT.
Application for a permit to operate an amusement device
arcade as defined in Section 4.14.020 of this chapter shall be
made to the License Collector on forms provided by the License
Collector, which application shall be signed by the applicant and
filed with the License Collector of the City of Anaheim, and
shall contain the following information:
.010 Name of the applicant;
.020 Business address of applicant;
.030 Residence address of applicant;
.040 Date and place of birth of applicant;
.050 The address and name of the owner, lessee or other
person in control of the establishment or establishments wherein
the game, recreational or mechanical amusement device or devices
are proposed to be located;
.060 The citizenship of the applicant;
.070 If the applicant has been convicted of any felony or
misdemeanor, then a statement concerning the same shall be
required of the applicant, giving the time and place of such
convictions;
.080 A statement that the game, recreational or mechanical
amusement device or devices for which a license is sought is not
intended to be, and will not be permitted to be used for any
gambling purpose whatsoever;
.090 A complete description of the game, recreational or
mechanical amusement device or devices, and the manner in which
they are to be placed and operated;
.100 A statement of the total number of such games and
devices currently on the premises, if any, and a description of
each;
.110 A statement of the applicant's interest in, or title
to, the game, recreational or mechanical amusement device or
devices for which a license is sought;
4
.120 If the applicant is a corporation, the name of the
corporation shall be set forth exactly as shown in its Articles
of Incorporation or Charter together with the State and date of
incorporation and names and residence addresses of each of its
current officers and directors, and of each stockholder holding
more than five percent of the stock of the corporation. If the
applicant is a partnership, the application shall set forth the
name and residence addresses of each of the partners, including
limited partners. If the applicant is a limited partnership, it
shall furnish a copy of its certificate of limited partnership as
filed with the County Clerk. If one or more of the partners is a
corporation, the provisions of this subsection pertaining to
corporation applicants shall apply. The applicant corporation or
partnership shall designate one of its officers or general
partners to act as its responsible managing officer. Such person
shall complete and sign all application forms required of an
individual applicant under this chapter. The corporation's or
_ partnership's responsible managing officer must at all times meet
all of the requirements set for permittees by this chapter, or
the corporation or partnership permit shall be suspended until a
responsible managing officer who does meet all such requirements
is designated. If no such person is named within ninety days, the
corporation or partnership permit is deemed canceled and a new
initial application for permit must be filed.
4.14.040 INVESTIGATION BY CHIEF OF POLICE; APPROVAL BY LICENSE
COLLECTOR.
Such application shall be referred to the Chief of Police by
the License Collector for the purpose of investigation and the
Chief of Police, or his or her designated representative, shall
have thirty days to investigate and forward a recommendation to
the License Collector concerning said application. Upon receipt
of such recommendation or upon expiration of said thirty day
period, whichever is sooner, the License Collector, or his or her
designated representative, shall act upon said application. Said
permit shall be approved, in writing, unless it is found and
determined that either (1) said application fails to conform to
the requirements of this Code, or (2) approval of said permit
would be contrary to the public peace, health, safety, morals or
general welfare, in which event said permit shall be denied.
Conditions may be imposed upon the approval of said permit to
assure that the game or premises in which the game is conducted
will not be operated in a manner contrary to the public peace,
health, safety, morals or general welfare. Any interested person
may appeal the decision of the License Collector, or his or her
designated representative, to the City Council by filing a
written notice of appeal with the City Clerk within ten days from
5
the date of said decision. The City Council shall consider such
appeal at a hearing held not later than twenty days following the
date of any such timely appeal. The decision of the City Council
shall be final.
4.14.050 ISSUANCE OF PERMIT — CONTENTS — POSTING.
Upon approval of the application by the License Collector,
or his or her designated representative, or upon approval by the
City Council on appeal, the License Collector shall issue a
permit to the applicant upon payment of the permit fee in such
amount as may be specified by resolution of the City Council.
Each permit shall show:
.010 The name of the permit holder;
.020 The address at which the amusement device arcade is to
be operated;
.030 The number of the permit;
.040 The expiration date of the permit;
.050 Sufficient description of the particular amusement
devices to identify each device.
The operator of any such amusement device arcade shall keep
such permit in a position where it is conspicuous and readily
visible on the premises.
4.14.060 OTHER LICENSES AND PERMITS REQUIRED.
.010 The permit required by this chapter for any amusement
device arcade shall be in addition to, and not as a substitute
for, any business license which may be required pursuant to the
provisions of Title 3 of this Code.
.020 The permit required by this chapter for any amusement
device arcade shall be in addition to, and not as a substitute
for, any conditional use permit for such use or activity which
may be required pursuant to the provisions of Title 18 of this
Code.
4.14.070 UNLAWFUL DEVICES PROHIBITED.
Nothing in this chapter contained shall be construed to
permit the licensing, maintenance or operation of any mechanical
device or apparatus which is contrary to any of the laws of the
11
ITT I .. - .. _.
State or the ordinances of the City; nor to permit the operation
of any mechanical play device licensed hereunder in such a manner
as to be contrary to any of said laws or ordinances.
4.14.080 SEIZURE OF UNLAWFUL DEVICES — HOLDING PERIOD — DISPOSAL.
In the event that any person or persons, firm, copartnership
or corporation shall conduct, carry on or manage the business of
maintaining any game, exhibition, shuffleboard game, or
recreational, mechanical or musical device or shall operate any
of such devices without obtaining a permit and/or license
therefor, or shall fail to pay the permit and/or license fees
therefor as provided in this Code, the Chief of Police shall
seize such game, exhibition, amusement, recreational, mechanical
or musical device and hold them as security for payment of the
permit and/or license fee, and until a permit and/or license is
obtained or renewed, and in the event the person owning or having
control or possession of the device shall fail, within a period
of thirty days to obtain a permit and/or license or pay any fees
due, then and in that event the device shall be disposed of as
follows:
The device or devices or so many thereof shall be sold to
satisfy the amount of permit/license fees due the City and any
device or devices not sold shall be returned to the owner
thereof; and provided further that in the event the device or
devices be sold for a sum of less than the amount of the
permit/license fee that the operator -)f the devices shall,
nevertheless, remain liable for the balance of such fees due and
unpaid thereon.
4.14.090 RESTRICTION ON AGE OF PERMITTEE.
No person under the age of eighteen years of age shall be
eligible for issuance of a permit under this Chapter 4.14.
4.14.100 REVOCATION OF PERMIT.
.010 Subject to the notice and hearing procedures
hereinafter set forth in this section, any permit issued pursuant
to the provisions of this chapter may be revoked by the License
Collector for any of the following reasons:
.0101 The permit holder has misrepresented any material
fact in the permit application or has not truthfully answered any
question in the application;
7
.0102 The permit holder has failed to comply with one or
more of the required conditions of approval imposed upon the
permit and has failed to cure such noncompliance after receiving
reasonable notice thereof;
.0103 The amusement device arcade, or the premises upon
which the amusement devices are located, is being operated in
violation of any applicable provision of this Code, or in a
manner detrimental to the public peace, health, safety or general
welfare.
.020 In the event the License Collector proposes to revoke a
permit, written notice of the time, date and location of a
hearing by the License Collector, or his or her designated
representative, on the proposed revocation, including the
specific grounds for the proposed revocation, shall be personally
delivered or sent by certified mail to the permit holder at least
ten days prior to the date of the hearing. Written notice of the
decision of the License Collector shall be given to the applicant
within five days following the hearing by personal delivery or by
deposit in the course of transmission with the U.S. Postal
Service, certified mail, postage prepaid.
.030 The decision of the License Collector shall be subject
to appeal to the City Council within the same time and manner as
provided in Section 4.14.040 of this Code. The decision of the
City Council shall be final. Upon revocation of said permit, any
permit or license fees shall be forfeited to the City. In the
event a permit is revoked pursuant to this section, another
permit for an amusement device arcade shall not be granted to the
permit holder within twelve months after the date of such
revocation."
SECTION 10.
That Section 4.18.010 of Chapter 4.18 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.18.010 DEFINITIONS.
.010 `Amusement and Entertainment Premises' means any
premises used for a restaurant, coffee shop, bar, nightclub, or
establishment serving food, and/or other refreshments and where
amusement and entertainment activities are conducted.
.020 `Amusement and entertainment' means every form of live
entertainment including, without limitation, any music, band or
TT
orchestra, act, play, burlesque, revue, pantomime, scene,
karaoke, song or dance act. `Amusement and entertainment'
includes, without limitation, a single event, a series of events,
or an ongoing activity or business, occurring alone or as part of
another business, to which the public is invited to watch, listen
or participate."
SECTION 11.
That Chapter 4.28 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed.
SECTION 12.
That paragraph .0303 of subsection .030 of Section
4.29.160 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
".0303 The City Council of the City of Anaheim may
preside over the hearing on appeal or, in the alternative,
the City Council may, pursuant to Section 1.12.110, appoint
a hearing officer to conduct the hearing, receive relevant
evidence and to submit to the City Council findings and
recommendations to be considered by the City Council. The
City Council shall render its decision within sixty (60)
days from the date the appeal is filed with the City, or, in
the event that a hearing officer has been appointed, the
hearing officer shall submit his/her findings and
recommendations to the City Council within sixty (60) days
from the date the appeal is filed with the City and the City
Council shall render its decision within fifteen (15) days
from the date on which the City Council receives the
findings and recommendations of the hearing officer. The
decision of the City Council shall be final. The applicant
shall be entitled to notice of the basis for the proposed
action, a copy of the documents upon which the decision was
based and the opportunity to present contrary evidence at
the hearing. If the denial is based upon failing the test,
the applicant shall be entitled to review their test at the
Police Department but shall not be entitled to a copy of the
test."
SECTION 13.
That Section 4.31.070 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
E
SECTION 14.
That Section 4.31.080 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.31.080 PERMIT PROCEDURES.
.010 Any applicant for a permit pursuant to these provisions
shall personally appear at the Police Department of the City of
Anaheim and produce proof to the Police Department that the one
hundred dollar application fee has heretofore been paid to the
License Collector of the City of Anaheim and thereupon the
applicant shall present to the Police Department the application
containing the aforementioned and described information. The
Chief of Police shall have a reasonable time not to exceed forty-
five (45) days in which to investigate the application and the
background of the applicant. Based upon such investigation, the
Chief of Police shall render a recommendation as to the approval
or denial of the permit to the License Collector.
.020 The City Building Division, the Fire Department and the
Orange County Health Department may be requested by the License
Collector to inspect the premises proposed to be devoted to that
of a figure model studio and shall make recommendations to the
License Collector within thirty days following any such request.
.030 The Chief of Police shall not recommend issuance or
granting of a permit if, based upon his investigation, he finds
any one or more of the following grounds for denial exist:
.0301 Evidence shows that any such person has
deliberately falsified the application; or
.0302 The permit applicant fails to furnish the
information and documents required by this chapter; or
.0303 The records of such permit applicant reveal a
conviction or a plea of nolo contendere or guilty to a
misdemeanor or felony crime of moral turpitude or a misdemeanor
or felony offense involving sexual misconduct including, but not
limited to, all offenses listed in Penal Code Section 290, any
subsection of Sections 311 through 311.9, Sections 314 through
318, subsections (a), (b), (c), or (d) of Section 647 of the
Penal Code or any offenses involving pimping, pandering,
prostitution or lewd conduct within five years prior to the date
of the application; or
10
.0304 The preceding record reveals that the permit
applicant permitted or encouraged his or her employee or agent to
engage in any type of offense, misdemeanor or felony, prohibited
in subsection .0303 above; or
.0305 An inspection or investigation by the City
Building Division, Police Department, Fire Department or Health
Department reveals a deficiency, violation, or course of conduct
that endangers the peace, health, safety, and general welfare of
the public; or
.0306 The operation as proposed by the applicant,
if permitted, would not comply with all applicable laws
including, but not limited to, the Anaheim Municipal Code; or
.0307 The applicant is not of the age of eighteen
years or older.
.040 The License Collector, within fifteen days following
receipt of the aforementioned and described recommendation, shall
approve and issue the permit unless he or she finds and
determines, in the exercise of his or her discretion and
judgment, that any of the grounds for denial set forth in
subsection .030 above are present in which case the permit shall
be denied. In the event the permit is denied by the License
Collector, written notice of such denial shall be given
to the applicant specifying the grounds for such denial. Notice
of the denial of the permit shall be deemed to have been served
upon personal service upon the applicant or when deposited in the
United States mail with postage prepaid, addressed to the
applicant at his last known address, and with proof of service
attached thereto. The denial or refusal to issue a permit may be
appealed to the City Manager or his or her designee (herein
collectively referred to as the `City Manager') under the
procedures set forth below.
.050 Within thirty days from the date of denial, any person
denied a permit pursuant to these provisions by the License
Collector may appeal such decision to the City Manager by filing
a notice of appeal in writing with the License Collector stating
reasons why the permit should be granted. Upon the filing of a
timely appeal, the License Collector shall provide written notice
to the applicant of the date such appeal shall be considered by
the City Manager, which date shall not be later than thirty days
following the date of such appeal, and which written notice shall
be personally served or deposited in the course of transmission
with the United States mail not less than ten days prior to the
date of such scheduled consideration by the City Manager. In the
alternative, within twenty-one days following the date of such
11
appeal, the City Manager may refer such appeal to a hearing
officer who shall, within thirty days thereafter conduct and
complete the appeal proceedings and render his or her report and
recommendation to the City Manager for final determination by the
City Manager. Upon receipt of said report and recommendation,
the City Manager shall schedule consideration thereof by the City
Manager and provide written notice to the applicant of the date
such appeal shall be considered by the City Manager which date
shall be not be more than thirty days following the date of
receipt of such report and recommendation. Upon the date said
matter is scheduled for consideration by the City Manager, or
upon any later date to which said matter is continued not to
exceed thirty days following the date such matter is scheduled
for consideration, the City Manager shall grant or deny the
permit which decision. The decision of the City Manager with
regard to any timely filed appeal shall be final.
.060 All permits issued hereunder are nontransferable."
SECTION 15.
That Section 4.31.100 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.31.100 CHANGE OF LOCATION.
A change of location of any establishment for which a permit
has been issued and which permit is in effect pursuant to this
chapter shall be approved by the License Collector, and the
existing permit shall be transferred or a new permit issued
therefor by the License Collector, provided that the License
Collector finds and determines that the permit is being exercised
in compliance with the requirements of this Code and that the
proposed location would comply with all applicable requirements
of this Code. Any person aggrieved by a decision of the License
Collector concerning the proposed transfer of said permit or the
issuance of a new permit for the proposed location may appeal the
decision of the License Collector to the City Manager or his or
her designee by filing a written notice of appeal of such
decision with the License Collector within the time herein
provided. The appeal shall be filed and any timely filed appeal
shall be determined by the City Manager in accordance with the
procedures set forth in Section 4.31.080.050 of this Chapter."
12
SECTION 16.
That Section 4.31.190 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.31.190 SUPERVISION.
Either the permit holder or a responsible manager of the
premises must be present on the premises at all times when the
figure model studio establishment is in operation."
SECTION 17.
That Section 4.31.200 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 18.
That Section 4.31.210 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.31.210 SUSPENSION OR REVOCATION OF PERMIT.
.010 The City Council may suspend or revoke the permit
issued hereunder:
.0101 When it determines that the permit holder
violated or permitted other persons to violate, through an act of
omission or commission by the permit holder, any type of
offense, felony or misdemeanor, enumerated in subsection .030 of
Section 4.31.080, if, as a result of the offense, the permit
holder or the employee or agent of the permit holder is convicted
or enters a plea of guilty or nolo contendere.
.0102 When it determines that the permit holder or
his agent, manager, or the employee in charge of the model studio
establishment knew, or reasonably should have known, that the
establishment was being operated in violation of any provision of
the Anaheim Municipal Code and failed to correct such violation.
.0103 When it determines that an inspection or
investigation by the City Building Division, Police Department,
Fire Department or Health Department reveals a deficiency,
violation or course of conduct that endangers the peace, health,
safety or general welfare of the public and which was not
corrected after notice thereof was provided to the permit holder
by the City.
13
TT .-
.020 No permit shall be suspended or revoked hereunder
except following a duly noticed hearing as hereinafter provided
in this section.
.0201 Notice of such hearing shall be given to the
permit holder not less than ten days prior to the date of said
hearing. The notice shall state the ground of the complaint
against the permit holder, or against the business carried on by
the permit holder at the figure model studio establishment, and
shall state the time and place where such hearing will be held by
the City Council.
.0202 Notice of such hearing shall be served upon
the permit holder by delivering the same to such person or by
leaving such notice at the place of business or residence of the
permit holder in the custody of a person of suitable age and
discretion. In the event the permit holder cannot be found with
due diligence and the service of such notice cannot be made in
the manner herein provided, a copy of such notice shall be
mailed, postage fully prepaid, addressed to the permit holder at
his place of business or residence. Mailed notice shall be
deemed given upon the date such notice is deposited in the course
of transmission with the United States mail.
.030 Any hearing required to be conducted by the City
Council pursuant to this section may, at the sole discretion of
the City Council, be referred to a hearing officer in accordance
with the procedure set forth in this Code."
SECTION 19.
That Section 4.31.230 of Chapter 4.31 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
'14.31.230 APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES.
The provisions of this chapter shall be applicable to all
persons and businesses described herein whether the herein
described activities were established before or after the
effective date of this chapter."
SECTION 20.
That Section 4.32.010 of Chapter 4.32 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
14
"4.32.010 STATE REGULATIONS.
The State of California, pursuant to Section 1812.600 et
seq. of the Civil Code of the State of California or any
successor provisions thereto, has preempted local authorities
from imposing local regulations on auctioneers and auctions as
defined in said sections except for such regulations as set forth
in this chapter."
SECTION 21.
That Section 4.32.020 of Chapter 4.32 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 22.
That Section 4.32.030 of Chapter 4.32 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
114.32.030 DEFINITIONS.
The terms used in this chapter shall have the same meanings
as set forth in Section 1812.601 of the Civil Code of the State
of California, or any successor provision thereto, except where
otherwise expressly defined in this chapter."
SECTION 23.
That Section 4.32.040 of Chapter 4.32 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 24.
That Section 4.32.080 of Chapter 4.32 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, repealed.
SECTION 25.
That Chapter 4.36 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 26.
That Section 4.40.060 of Chapter 4.40 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
15
"4.40.060 ISSUANCE OF PERMIT.
.010 At the conclusion of the investigation, not to exceed
thirty days following submission of the completed application,
the License Collector shall approve the issuance of the permit if
he or she shall find that:
.0101 The information contained in the application
or supporting data is true;
.0102 The applicant has not, within the previous
one year, been convicted of any violation of this chapter or any
law relating to dishonesty, fraud, deceit or moral turpitude;
.0103 The applicant agrees to abide by and comply
with all terms of the permit and applicable laws of the Anaheim
Municipal Code; and
.0104 That the operation, as proposed by the
applicant, if permitted, would comply with all applicable laws
including zoning; and
.020 The License Collector shall thereafter issue the permit
when:
.0201 The required fee has been paid; and
.0202 There shall have been posted with the City
Clerk a surety bond in the principal sum of five thousand dollars
executed as surety by a good and sufficient corporate surety
authorized to do surety business in this state and as a principal
by the applicant which shall have been approved by the City
Attorney as to form, which bond shall have been given to insure
good faith and fair dealing on the part of the applicant and as a
guarantee of indemnity for any and all loss, damage, injury,
theft, or other unfair dealing suffered by any patron of the
applicant within the City during the term of the permit."
SECTION 27.
That Section 4.40.110 of Chapter 4.40 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.40.110 PERMIT REVOCATION AND APPEALS PROCEDURE.
.010 No permit shall be revoked until after a hearing shall
have been held before the City Manager or designee to determine
16
good cause for such revocation. Notice of such hearing shall be
given in writing and served at least ten days prior to the date
of the hearing thereon. The notice shall state the ground of the
complaint against the holder of such permit, or against the
business carried on by the permit holder at the fortunetelling
business and shall state the time and place where such hearing
will be held.
.020 Said notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice at
the place of business of the permit holder during usual business
hours, with the person who is apparently in charge thereof, or
the residence of the permit holder, in the custody of a person of
suitable age and discretion. In the event the permit holder
cannot be found and the service of such notice cannot be made in
the manner herein provided, a copy of such notice shall be
mailed, postage fully prepaid, addressed to the permit holder at
his place of business or residence at least ten days prior to the
date of such hearing.
.030 After said hearing, the City Manager or his designee
shall render a written decision within ten working days from the
date the matter is submitted for decision. The action of the City
Manager or his designee shall be final and conclusive."
SECTION 28.
That Section 4.40.120 of Chapter 4.40 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.40.120 PERMIT CANCELLATION.
Upon the discovery of any false statement in the application
or any misrepresentation by the applicant in procuring the
permit, or a conviction for any violation of this chapter or any
law relating to dishonesty, fraud, deceit or moral turpitude, or
upon the failure, neglect, or refusal of the applicant to
promptly, voluntarily and without notice, furnish and file a new
bond when the surety on any bond has terminated its liability,
and cause the same to be approved by the License Collector as to
sufficiency of sureties and by the City Attorney as to form, or
in case of death, bankruptcy or removal from the City of any one
or both of the sureties on bond, then and in that event, the
License Collector may, upon five days' notice to the
applicant, cancel and annul the permit; whereupon the applicant
shall be subject to the penalties prescribed in this chapter,
from and after the date of the cancellation, as though in this
chapter, the permit had never been granted. Any such
17
determination by the License Collector may be appealed to the
City Manager or his or her designee as provided in Section
4.40.110 of this chapter."
SECTION 29.
That Section 4.40.130 of Chapter 4.40 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.40.130 POSTING OF PERMIT.
Every permit holder shall post the permit required by this
chapter in a conspicuous place upon the permitted premises."
SECTION 30.
That Chapter 4.44 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 31.
That Chapter 4.48 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 32.
That new Chapter 4.50 be, and the same is hereby, added
to Title 4 of the Anaheim Municipal Code to read as follows:
"Chapter 4.50
CURB ADDRESS NUMBERING
4.50.010 PERMIT REQUIRED.
No person shall paint, mark, inscribe, or impose upon any
publicly owned or controlled curb, parkway or street any address
number without first obtaining a permit therefor from the License
Collector. The term `address number' as used in this chapter
shall mean the address number ascribed to any property regardless
of whether such property, or any use thereof, is residential,
commercial, industrial or otherwise.
4.50.020 APPLICATION.
Any application for a permit to paint house numbers on any
public curbs shall be signed and filed with the License Collector
and shall include the following information:
.010 The name and business address of the applicant. If
the applicant is a partnership, the application shall state the
name and address of each of the general partners. If the
applicant is a corporation, the application shall state the name
and address of the president of the corporation. If the
applicant is a joint venture, the application shall state the
name and address of each of the joint venturers.
.020 A description of the area of the City to be
serviced within the permit period.
.030 The names and addresses of each employee or person
who will do the painting.
.040 The names and addresses of each employee or person
who will make door-to-door solicitations or collections of
payments or contributions for such services.
.050 An agreement by the applicant to perform such
services in accordance with applicable City standards.
4.50.025 DECISION OF LICENSE COLLECTOR.
.010 Upon the filing of an application, the License
Collector or his or her designee (herein referred to collectively
as the `License Collector') shall have five business days to
determine whether the application is complete. If the
application is determined to be incomplete, the License Collector
shall, within two business days following such determination,
give written notice by mail or personal delivery to the applicant
advising that the application is incomplete and stating the
information needed to complete the application.
.020 Upon determination that the application is complete,
the License Collector shall conduct an appropriate investigation,
including consultation with the Police, Fire, Code Enforcement
and Planning Departments and inspection of the premises, as
needed. Within forty-five (45) days after receipt of a completed
application, the License Collector shall either grant or deny the
application.
4.50.030 STANDARDS.
.010 All curb house numbers shall be of size, color and
style conforming to specifications approved by the Director of
Public Works and on file in the Public Works Department of the
City.
19
.020 Masonry paint shall be used for all numerals and
background equal to or greater than specified in the standard
specifications approved by the Public Works Director and on file
in the Public Works Department of the City.
.030 All numerals shall be located on the curb face not more
than one inch from the top of the curb.
4.50.040 SERVICE AREA AND PERMIT DURATION.
A permit issued under this section shall be valid for a
period not exceeding ninety (90) days and shall specify the area
of the City to be solicited for the painting of house numbers.
No permit shall be authorized for an area greater than can
reasonably be serviced by the permit holder within the period the
permit is valid and no more than one permit shall be issued for
any one time period for any service area. Said service area
shall be approved by the Code Enforcement Manager prior to
issuance of the permit. In determining whether to approve or
disapprove the proposed service area, the Code Enforcement
Manager shall consider (i) whether the area can be serviced
within 90 days, and (ii) the most recent service date for the
area or any portion thereof.
4.50.050 SOLICITATION OF DONATIONS.
.010 Prior to painting the address number upon the curb of
any property, the person or company providing such service shall
notify the owner, manager, or occupant of the property in writing
of the intention of such person or company to paint the address
number upon the curb of such property. Such notice shall be
delivered in person or by mail to the property not less than
three (3) days prior to the date such curb painting will or is
proposed to occur. Such notice shall state the amount of any
suggested donation for such service and shall provide a
reasonable means by which the owner, manager or occupant of the
property may reject such service or payment therefor. Such
notice shall state that the amount of any payment made for the
service is strictly voluntary and that failing to reject the
service does not create any binding obligation for payment. Such
notice shall state that the address numbering service is not
sponsored by or affiliated with the City of Anaheim.
.020 No person or company shall paint the address number or
anything else upon the curb of any property, nor solicit any
payment or donation from the owner, manager or other occupant of
any property, where the curb painting service for such property
has been rejected as provided herein.
20
.030 No person shall solicit donations for the painting of
address numbers in excess of the amount stated in the written
notice delivered to the property in accordance with subsection
.010 above. In soliciting such donations, no person shall
trespass or remain upon any private property after being
requested by the owner or an occupant of the premises to depart
from the property or after any request for a donation has been
denied. After being requested to depart from private property
following any such solicitation or after being denied any request
for a donation, no person shall threaten, coerce or otherwise
intimidate any owner, manager or other occupant of the property
in retaliation thereto.
4.50.060 REVOCATION OF PERMITS AND APPEALS.
.010 Revocation Notice. The License Collector shall be
authorized to revoke any permit for non-compliance with any term,
condition or regulation specified in this section or for failure
to perform such services within the time period of the permit.
Not less than five (5) days prior to the effective date of any
such revocation, notice of revocation, including the reasons
therefor, shall be provided to the permit holder by mail or
personal delivery to the address specified in the permit
application. Any permit holder aggrieved by an action of the
Revenue Manager may appeal such action to the City Manager at any
time prior to the effective date of such revocation upon the
filing of a letter of appeal with the License Collector.
.020 Appeal. Any timely filed letter of appeal shall
contain a concise explanation of the grounds for such appeal.
Upon receipt of a timely appeal in compliance with this section,
the effective date of any revocation shall be stayed during the
appeal process. Within ten (10) days following the date of such
timely appeal, the City Manager or his or her designee shall hold
a hearing thereon notice of which shall be given to the permit
holder by mail or personal delivery not less than three (3)
calendar days prior to the hearing date. Within ten (10) days
following the hearing date, the City Manager or his designee
shall issue a written decision on such appeal which decision
shall be provided to the permit holder by mail or by personal
delivery. Said decision shall be final and shall become
effective upon the earlier of either (i) the third day following
the date of deposit in the U.S. Mail, first-class, postage
prepaid, to the permit holder if the decision is mailed, or (ii)
the date of personal delivery thereof to the permit holder.
4.50.070 VIOLATIONS.
Any person violating any provision of this section shall be
guilty of an infraction."
21
SECTION 34.
That existing Chapter 4.52 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, repealed in its
entirety and a new Chapter 4.52 be, and the same is hereby added
to Title 4 of the Anaheim Municipal Code to read as follows:
"Chapter 4.52
PEDDLERS AND SOLICITORS
4.52.010 SOLICITOR'S PERMIT REQUIRED.
Every person or agent thereof who sells or offers for sale
any goods, wares, merchandise or services or proposes a
commercial transaction for the vending of the same for
consideration from house to house without the previous invitation
of the resident thereof is a solicitor. No person shall engage
in the business of being a solicitor without first obtaining a
permit therefor from the Revenue Manager.
4.52.020 SOLICITOR'S PERMIT APPLICATION.
.010 No permit to engage in the business of being a
solicitor shall be issued except upon the satisfactory completion
of an application therefor on forms supplied by the Revenue
Manager. Said application shall include the name and address of
the applicant, a passport size photograph of the applicant, a
description of the goods, wares or services to be offered for
sale, the applicant's social security number or federal or state
employers identification number or tax identification number, the
applicant's former residence or places of business for a period
of five years preceding the date of the application, and a list
of any convictions of applicant for a felony or misdemeanor
involving moral turpitude for the previous five years. The
application shall be signed by the applicant under penalty of
perjury and shall be accompanied by a fee in an amount
established by the Revenue Manager. The Revenue Manager shall
utilize the service of the Anaheim Police Department to
investigate and verify the facts set forth in the application.
.020 Following the investigation of the application by the
Police Department, the Revenue Manager shall issue said permit if
the Revenue Manager finds that the information contained in the
application is true and correct and that the applicant has not
been convicted of a crime of moral turpitude or any violation of
this Chapter for a period of three years prior to the date of
application. A solicitor's permit shall be issued if the
22
application therefor has remained pending or under investigation
for more than fifteen (15) days after a fully completed
application has been filed. A solicitor's permit shall be valid
for a period of one year from the date of its issuance unless
sooner revoked under the terms of this Chapter.
.030 The requirement of a solicitor's permit under this
chapter shall be in addition to the requirement for a business
license from the City of Anaheim.
4.52.030 REVOCATION OF SOLICITOR'S PERMIT
.010 The Revenue Manager may revoke the solicitor's permit
granted to any person upon a finding that such person has
violated any provision of this Chapter, made material
misrepresentation upon such solicitor's permit application or has
been convicted of a crime of moral turpitude or a violation of
this Chapter within a period of three years prior to the date of
the permit application.
.020 No permit shall be revoked until after a hearing shall
have been held before the City Manager or designee to determine
good cause for such revocation. Notice of such hearing shall be
given in writing and served at least ten days prior to the date
of the hearing thereon. The notice shall state the ground for
the proposed revocation and shall state the time and place where
such hearing will be held.
.030 Said notice shall be served upon the permit holder by
delivering the same to such person or by leaving such notice at
the place of business of the permit holder during usual business
hours, with the person who is apparently in charge thereof, or
the residence of the permit holder, in the custody of a person of
suitable age and discretion. In the event the permit holder
cannot be found and the service of such notice cannot be made in
the manner herein provided, a copy of such notice shall be
mailed, postage fully prepaid, addressed to the permit holder at
his place of business or residence at least ten days prior to the
date of such hearing.
.040 After said hearing, the City Manager or his designee
shall render a written decision within ten working days from the
date the matter is submitted for decision. The action of the City
Manager or his designee shall be final and conclusive.
4.52.040 UNLAWFUL CONDUCT BY SOLICITORS.
.010 It shall be unlawful for any person to engage in
soliciting as defined in this Chapter in or upon the grounds of
23
any stadium, convention center, government office building,
police station, fire station library or other public facility
owned or operated by the City of Anaheim except with the prior
written consent of the City of Anaheim.
.020 It shall be unlawful for anyone to engage in
soliciting as defined in this Chapter without having in such
solicitor's possession a valid permit issued under the provisions
of this Chapter and a valid business license issued by the City
of Anaheim pursuant to this Code.
.030 It shall be unlawful for any solicitor to make any
false statement to any person being solicited by such person for
a commercial transaction that relates to the goods, wares,
merchandise or services offered for sale by such solicitor.
,040 Any person who shall be convicted of any act
defined as unlawful conduct under the provisions of this Chapter
is guilty of an infraction."
SECTION 34.
That Section 4.53.010 of Chapter 4.53 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.53.010 PERMIT REQUIRED.
It shall be unlawful for any person, firm or corporation to
establish, set up, maintain, exhibit, conduct or carry on in the
City of Anaheim any carnival, circus, fair, menagerie, wild
animal show, trained animal show, rodeo, ferris wheel, merry-go-
round, traveling show, or other similar or related type of public
amusement place, unless a permit to do so has been issued as
hereinafter provided and is in full force and effect.
Notwithstanding any other provision hereof to the contrary, the
requirements of this chapter shall not apply to any event or
activity for which a Special Events Permit has been issued and is
in effect pursuant to Title 18 of this Code."
SECTION 35.
That Section 4.53.040 of Chapter 4.53 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
24
"4.53.040 INVESTIGATION AND DECISION BY CHIEF OF POLICE.
The application shall be referred to the Chief of Police who
shall cause an investigation to be made and shall thereafter
approve such permit if he finds that the proprietor and the
person to be in immediate charge of the place of amusement are
qualified to engage in and supervise such activity, that the
proposed activity at the proposed location is not of such a
character as to disturb the public peace, health, safety or
general welfare, and that the conducting thereof in the proposed
location will not violate any provision of the Anaheim Municipal
Code; otherwise the Chief of Police shall disapprove the
application. In approving any permit, the Chief of Police may
attach such conditions of approval as may be necessary to assure
compliance with the provisions of this chapter. The Chief of
Police shall act upon such application within thirty days of the
submission thereof and shall notify the applicant of his or her
decision by depositing notice of such decision in the First -Class
U.S. Mail, postage prepaid, addressed to the applicant, not later
than three days following the date of such decision."
SECTION 36.
That Chapter 4.56 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 37.
That Section 4.60.020 of Chapter 4.60 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.60.020 LICENSEE UNIFORMS AND VEHICLES.
It shall be unlawful for any licensee or other person to
engage in any activity, service or employment for which a license
is required by any provision of the California Private
Investigator Act by the wearing of any uniform, or the use,
display or operation of any vehicle, which is not clearly
distinguishable from the official uniforms and marked vehicles in
use and operation by either the Anaheim Police Department or the
Orange County Sheriff's Department.
For purposes of this section, uniforms shall be deemed to be
clearly distinguishable if (1) the color thereof is different
from the uniforms of the Anaheim Police Department and Orange
County Sheriff's Department; or (2) either the color of the
trousers or the color of the shirt is different from the uniform
25
trousers and shirts used by the Anaheim Police Department or the
Orange County Sheriff's Department.
For purposes of this section, vehicles shall be deemed to be
clearly distinguishable if such vehicles are different in color
or do not contain logos, insignia or other markings which are
approximately the same size, shape and color of those used on
vehicles by the Anaheim Police Department or the Orange County
Sheriff's Department.
For purposes of this section, the term `different' shall
mean readily distinguishable by a person of normal visual
acuity."
SECTION 38.
That subsection .010 of Section 4.64.010 of Chapter
4.64 of Title 4 of the Anaheim Municipal Code be, and the same is
hereby, amended to read as follows:
'.010 Secondhand Dealer. A `secondhand dealer,' as used
in this chapter, means and includes any person, partnership, firm
or corporation who engages in the business of buying, selling,
trading, accepting for sale on consignment, accepting for
auctioning, or auctioning secondhand personal property. The
provisions of this chapter shall have no application to the
business of selling used or secondhand vehicles or the business
of selling used or secondhand clothing or other wearing apparel."
SECTION 39.
That subsections .020, .030 and .040 of Section
4.64.080 of Chapter 4.64 of Title 4 of the Anaheim Municipal Code
be, and the same is hereby, repealed.
SECTION 40.
That Chapter 4.68 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
SECTION 41.
That Chapter 4.76 of Title 4 of the Anaheim Municipal
Code be, and the same is hereby, repealed in its entirety.
26
SECTION 42.
That Section 4.90.030 of Chapter 4.90 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended in its
entirety to read as follows:
"4.90.030 EXCEPTIONS.
The requirements of Chapter 4.90 shall have no application
and no effect upon and shall not be construed as applying to (1)
any businesses, agencies or persons engaged in the lawful
business of an employment agency licensed by the State of
California or (2) any businesses, agencies or persons which
provide escort services for older persons as defined in the
Multipurpose Senior Services Program (Welfare and Institutions
Code Section 9400 et seq.) or any successor provision thereto,
when such services are provided as part of a social welfare and
health program for such older persons."
SECTION 43.
That Section 4.90.050 of Chapter 4.90 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"4.90.050 APPLICATION AND RENEWAL FEES.
.010 Any person desiring to obtain a permit to operate an
Escort Bureau or Introductory Service, or perform escort or
introductory services shall make application under penalty of
perjury to the License Collector who shall refer all such
applications to the Chief of Police for an investigation.
.020 Each application shall be accompanied by a
nonrefundable application fee of One Hundred Dollars.
.030 Each permit issued under this chapter shall expire one
year from the date of issuance thereof. An unrevoked permit may
be renewed for additional periods of one year each on written
application to the License Collector, made not more than sixty
nor less than thirty days prior to the expiration date of the
existing permit. Said application shall include the applicant's
full name and address, the names and addresses of all persons
employed, or intended to be employed as escorts; the address of
the premises where the Escort Bureau or Introductory Service will
be located; the hours of operation; and such other related
information as the License Collector may require. The renewal
fee shall be Fifty Dollars. Permit fees required under this
27
chapter shall be in addition to any license, permit or fee
required under any other chapter of this Code."
SECTION 44.
That new Section 1.01.305 be, and the same is hereby,
added to Chapter 1.01 of Title 1 of the Anaheim Municipal Code,
to read as follows:
"1.01.305 CONSTRUCTION - `LICENSE COLLECTOR.'
`License Collector' as such term is used in this Code shall
mean and refer to the person employed by the City of Anaheim and
holding the job title of Revenue Manager, or any successor job
title ascribed to the person performing the licensing functions
of the City."
SECTION 45. SEVERABILITY
The City Council of the City of Anaheim declares that
should any section, paragraph, sentence or word of this ordinance
hereby adopted be declared for any reason to be invalid, it is
the intent of the Council this 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 46. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
or amendment 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 thereof,
nor be construed as a waiver of any tax, license or penalty or of
the penal provisions applicable to any violations thereof. The
provisions of the 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 this23rdda of April ,
2002.
MAYOR OF THE CITY & ANAHEIM
ATTEST:
CAI—CLEM OF THE CITY OF ANAHEIM
43615.3
W-0
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. 5810 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 9th day of April, 2002, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 23rd day of April, 2002, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
CITY CLER OFT E CITY OF ANAHEIM
(SEAL)
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:
May 2, 2002
" I certify (or declare) under the penalty of
4, 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: May 2, 2002
,<
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
M
(
—-ignature
LJ
>—
AfRtrim Bulletin
W
cc
62Grand Ave.
(�
o SanlKKna, CA 92701
714) "6-7000 ext. 3002
,<
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Y
This ordinance revises various specified provisions of he Anshelm {r midpy The9e revisions are generlgtr sum-
marized as follows:
1. Add new Section 4.04.030 to proviflli 3'jri�idl _ai °ai�"it=i+i®gu oilior`' '' :y
!MIIIlIII�QxPIGfIR> ,
2. Amend Section 4.04.11IL0 to simplify and ck+clfy prohibition alt sage,, kw to tate of the
Code and eliminate exatent IengusM Amietg of �1 jpPp atM b� /prribwnnera or
signs.
3. Amend Section 4.04.120 to require owner or on*j In,, je qui po4eeglon ar�d an stntctun to place
end mafntasrite nems upomthe stmadtna _ de teas would Waw rote fo he set
laded by malhtalnfnfrlg len sign the name of ties y origmly pr or cortsftw.* g the
4. Repeal Section 4.04.135 requiring the nwndatory posting of gasoline priers at aY Baso Ane serwim station.
5. Repeal Section 4.04.140 prohibiting the display of alerts which mislead or confuse traffic.
6. Amend Section 4.04.180 to ownste restritasre redo hop to cloth or osMOU Ognp and de late phgWdon au#wizing Issu
once of pemdts for certain temporary private benrms in the public right-oi way.
7. Reseed Sections 4.04.2t0 and 4.04.240 whidr of sdwet!laing signs in the pKtrfic rightaf way and
limit the hal M of signs above fire parapet der ErbropeM mete Irdp the pu�7Ac right-of-way now rs�uhg4t by tits
City Coundf through ft en croechm rd Adige proce s.
B. Repeal Chapter 4.06 authorizing the Director of Public Works to hsup permits for telephones on public sidewalks and
providing for the City to share In the gross receipts from such public telephones. .
9. Amend Chapter 4.14 Mail to regulWwt of amye9mat. t.dpWces to include etectronic and cpgrp�r p within
definitionarca a such dealers, tiles era Ip required h «Ytagnrt ice. and
of Police. a permits ars fo be trod or the Uoense following a recomn d on from the Chief
10. Amend Section 4.18.010 to add "kareoke" performances to the definition of amusement and splpftdnmgrA premises.
114 e� from
4.28, in 1916, reguiallng the ojradng ha Rs and -ft of shooting gi�dee &rJ proNbitlng
employment
12. Amend Section 4.29.160 to extend the period for the. City to act upon any appeal of a decision aoncornMg message
permits from 45 to 80 days.
13. Reppeeaall Section 4.31.070 requiring ' n cards 1bi dl figure model studio employees @ordbim yb stili repeal
of Chapter 4.30 rdafbfg to identlfkroNefi
14. Amend Section 4.31.080to providedtsfr proopWlr�end afteria for the
issuance of pembts model sdklind to and establish
Manager for final �.. License Cofiectar sdoolelIllia
b tifeCAy
15. Amend Section 4.31.100 to require decisions on;*jw trip of permits for figure model studios to be meds by the
License Collector with the right of appeal to the City CourtdI In dance with the procedures specified,
16. Amend Section 4.31.190 to delete reference to star 4.30,wNch was repealed in 2001.
17. Repeal Section 4.31.200 purporting 10 prgWbft obsoens conduct which conduct Is exclusively prohibited by state
law.
16. Amend Section 4.31.210 to conform notice provisions for permit revocation hearings with procedural due process
reauiremems and exoreasiv &How the Citv Councilto reser such hwarinna to a t~nn nrRrwr
C L71, 4 31.230 roference-, ,j�r I, Z9t Per�r, perion ns",es,e, esTab I, sned p!
l� 6
'I() Amend section 4.32.010 10 correct reference to state statute preempting regulation of auctions.
21. Repeal Section 4.32.020 requiring an auctioneer's license,
22. Amend Section 4.32.030 to conform the definitions to the definitions of terms in state law relating to auctions and
auctioneers.
23. Repeal Section 4.32.040 which requires a I regulatory license fee far. auctioneers.
24. Repeal Section 4.32.080 which requires an inventory Of Items of llllook In Valle of another busirmes to be #W with the
Chief Of Police before ouch items are atictloned.
25. Repeal Chapter 4.36 regulating certain
Chapter 6.64. food sales whii chapter 16 M&-d@M 10 the regulations, contained in
26- Amend Section 4.40;000 mialfrig, to fortune
deate. to*
redundant provlailans concwnk* da," 0- V IP a a #ft day tWft Hrr* for Ito Mo@*@kV of paw
ror#jmb*#*
numbering cOnvwvtl&* used In the rairisinder of to M.-
27. Amend Section 4.40.11-0 rs"riq to 16ftnatialfing t1 provision
prior to a noticed r*V*a1Mon hearnig aN num `099� It
conventions used In V* brilh, Code. Parragra0h of th*LG*oLn0�—ftga*"ft—.%U VPerm
28. Amend Section 4.4o.tSD to provide for
Violation of C=ode p
ull" conviction be of
authorizing cancel
teety ==a =* any
Manalgiar ftloral 011
turpitude. - provisi
ortM
29. Amend Section 4.40.130 to correct reference frorn .1owise. to Pormlt. to colift" to
in the chapter. ft-*w*W Used alagwhe,9
30. Repeal Chapter 4.44, adopted in 1914, requiring, wood to be sold or advertent for $aje m* by ft nod or fractionthereof.
31. Repeal Chapter 4.48, adopted in -1925, regulating the storage and we of furnIgants,
32. Add new Chapter 4.50, to ralliace
W ou
Pi0i Of addresses on pU cur=l
and the eoiic of and regulating the
33. -Amend Chapter 4.52 relisfirciti.
36. Repeal Chapter r C
sold n M.
n
37. AnmV Section 4.1
distinguishable from
f-whitch a Specie! E**.POM* hwe, been
qr Qk9Usft and carni P—W*w
POM* applications, OW provide, appeal
010WO and other petrOlauan products to be,
Is law -
38. Amend subsection Oaf Section 4A4,0tq,-jo
;Q.= -401!ild 010111*j"es from the regulatialtis
4.64 relating to SOCO desk" and =,*=*
Bird Ilarth in Chapter
39. Amend provisions of $00tion 4.64 000
requirements of Chip OL04. adl Of b
_W TIj. g:=for %.M licenses for violations ofth. regulatory
not regulatory in na*665., .020 which provides thairbilapipales licenses are
40. geDeRl""qqt-4.68,addptodinlWg.VAWcis,,i..i.�A----.-..
—uon Trometseq.
42. Amend Section 4.90.010 to provide exemption from escort business regulations for agencies or persons providing
care or ser as to the•alderiy under the provisions of Welfare & Institutions Code Section 94h0 etseq.
43. Amend Section 4.90.050 to provide that escort service its a am t(ie deie pf; nth than
on June 30 annually. ,,, ,,�,�
44. Ad9'l 46t6fl9:W2WffiYAis'1 definiriQ the term "License Collector" as uiid Iri the Code to mean the Qty Revenue
Manager.
I, Sheryl] Schroeder, City Clark of the City of Anaheim, do hereby cce�rt Neat ing is a summary of Ordinance No.
5810 ordinancand was de�Wy �at6aan�duced at lar meati of the CNy4o= dt" ty of Anaheim on the 9th day of
�wbfollowing
inggrroll cell vote of Nie members and thensolf:at a reqttlar trieeting of said C t*il on the 23rd day of April, 2082 by the
AYES: Mayor Daily, Council Members: Feldhaus, Krirtg, McCracken; Tait
NOES: None
ABSENT: None
The above summary is a brief dascrip�n of #w matter c Ity t4�R of Ordinance tom. 5810 wf>;dt hes
been prepared pwsuartt to $
ection 15 2 c�]dR � �p�f I�Aa city of i mmwy does fair include or describe
every provision of the ordinance and shdrid.niq be raNpA.on es a full text of the ordinance.
To obtain a copy of Nit+ full tad of the ordg sirw. please Contact the Office Chilli Cfty'Clerk, (714) 7W5186, between 8:00
AM and 5:00 PM, Monday through Friday. There is no charge for the thy.
Published: Anaheim Bulletin
May 2, 2002 25804 5155258/5156265