5538u
ORDINANCE NO. 5538
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING CHAPTER 16.08
OF TITLE 16 OF THE ANAHEIM MUNICIPAL
CODE ADOPTING AMENDMENTS TO THE UNIFORM
FIRE CODE, 1994 EDITION; AND DECLARING
THAT THIS ORDINANCE IS AN EMERGENCY
MEASURE WHICH SHALL TAKE IMMEDIATE
EFFECT. (NEW AMENDMENTS)
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1 AMENDMENTS TO UNIFORM FIRE CODE, 1994
EDITION
Chapter 16.08 of Title 16 of the Anaheim Municipal
Code be, and the same is hereby amended by the addition of the
following sections thereto:
1116.08.025 The 1994 Edition of the Uniform Fire Code is hereby
amended in the manner hereinafter set forth.
16.08.040 REVIEW OF BUILDING PERMITS
Subsection 103.3.2.3 is hereby added to Section 103 of the
Uniform Fire Code to read as follows:
1103.3.2.3 Review of building permits. No building permit shall
be issued pursuant to Section 15.02 et seq of the Anaheim
Municipal Code for the construction, addition, alteration or
repair of any building or structure which would result in
noncompliance with the requirements of this fire code. The fire
marshal and the building official shall establish administrative
procedures designed to promote expeditious review of building
permit applications.
The fire marshal and the building official may require such
site plans, building plans, elevations, and other
documentation from the applicant as may be necessary to
determine such compliance and may impose such conditions on
approval of an application as are necessary to assure such
compliance. No building or structure subject to such review
and approval shall be finally released for utility service
or occupancy which is not in compliance with the building
permit as approved or conditionally approved.'
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16.08.090 PERMITS
.010 Subsection 105.8 of Section 105 of the Uniform Fire
Code is hereby amended by deleting the following from the list of
activities, operations, practices, or functions requiring a
permit:
`f.1 Fire hydrants and water -control valves.'
.020 Subsection 105.8 of Section 105 of the Uniform Fire
Code is hereby amended by the addition of the following to the
list of activities, operations, practices, or functions requiring
a permit:
.0201 1c.10 Christmas Tree Lot. To operate a
Christmas Tree Lot in the City of Anaheim.
.0202 1p.4 Activities or Use in Conjunction with a
Public Assembly. The following require a permit when
used or placed in a public assembly:
1. Combustible or Flammable Aerosols
2. Compressed Gases
3. Cooking Appliances
4. Dust Producing Equipment
5. Flammable or Combustible Liquids
6. Heat Producing Equipment
7. Lasers
8. Machinery With Moving Parts
9. Two Story Structures
.0203 1p.5 Pumpkin Patch Lots. To operate a Pumpkin
Patch lot in the City of Anaheim.'
.0204 `s.2 Special Activities Permit. A permit
issued by the Anaheim Fire Department for conditions,
events, or activities to insure compliance with Section
103.2.1.1 and Section 103.3.1.2 of this code. Such
conditions, events or activities include, but are not
limited to haunted houses or fairs.'
16.08.120 FIRE HYDRANT SYSTEMS
Subsection 903.4.1.2 of Section 903 of the Uniform Fire Code
is hereby amended to read as follows:
1903.4.1.2 Testing and maintenance of private fire hydrants.
1. General Requirements. To assure proper
functioning, private fire hydrants shall be tested every two
years or immediately after relocation or repair. The Fire
Chief may require a more frequent testing schedule if it is
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determined to be necessary to assure the proper functioning
and maintenance of private fire hydrants. Hydrant owners
shall report a hydrant as out of service to the City of
Anaheim Fire Department dispatcher when it is not
functioning properly and also when the hydrant has been
returned to its proper condition. A private hydrant is any
hydrant not belonging to the City of Anaheim Public
Utilities Department.
2. Responsibility for Testing and Maintenance. The
owners of any premises on which or on account of which
private fire hydrants are installed, shall have the hydrants
tested by a person who has demonstrated their competency in
testing fire hydrants to the City of Anaheim Fire
Department. Private hydrants shall be immediately serviced,
overhauled or replaced whenever they are found to be
defective. All costs of testing, repair and maintenance
_ shall be borne by the property owner. The City of Anaheim
Fire Department will supply hydrant owners with a list of
persons acceptable to the City of Anaheim Fire Department to
test private fire hydrants. The City of Anaheim will notify
hydrant owners by mail when testing of a private fire
hydrant is needed.
3. Testing and Maintenance Requirements. The persons
testing private fire hydrants shall perform such tests and
maintenance as required by the City of Anaheim Fire
Department. Testing and maintenance shall ensure private
hydrants are ready for emergency use, provide unobstructed
and adequate water flow, are identifiable and accessibly to
fire personnel and all parts and connections are in working
condition such that the operation of the fire hydrants may
be readily accomplished by fire personnel.
4. Testing Notification. Any person testing a
private fire hydrant shall notify the fire department
dispatcher and fire alarm company prior to and after work on
the hydrant to avoid false alarms.
5. Certification of Private Fire Hydrant Testers.
Each applicant for certification as a tester of private fire
hydrants shall demonstrate their qualifications to do such
work to the City of Anaheim Fire Department. Qualifications
shall include but not be limited to a current California
state contractors C-16 or C-36 license and a City of Anaheim
business license. competency in all phases of private fire
hydrant testing and repair must be demonstrated by means of
education and/or experience. Each tester shall be
responsible for the competency and accuracy of all tests,
reports and repairs performed by the tester.'
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16.08.140 STANDARDS
Subsection 1003.1.2 of Section 1003 the Uniform Fire Code is
hereby amended to read as follows:
11003.1.2 Standards.
.0102 National Fire Protection Association
Standard 13, 1994 Edition, Section 4-4.1.4.2,
Exception 3 amended as follows:
`Exception No. 3: Where sprinklers are installed under
composite wood joists less than 16 inches in depth,
sprinkler deflectors shall be a minimum of 1 inch and a
maximum of 6 inches below the bottom of the composite
wood joist and the joist channels shall be fire -stopped
the full depth of the joist with a material equivalent
to the web construction so that individual channel
areas do not exceed 300 square feet. Where the depth
of the composite wood joist is 16 inches or greater,
protection shall be provided by using one or more of
the following methods:
(a) Provide a sprinkler in each joist channel.
The distance between sprinklers within the joist
channel shall not exceed 15 feet.
(b) Protect the composite wood joist with
5/8 -inch Type X gypsum wallboard attached directly
to the bottom of the composite wood joist. Joist
channels shall be fire -stopped the full depth of
the joist with a material equivalent to the web
construction so that the volume of individual
channels do not exceed 160 cubic feet.
(c) Completely fill the channel with
noncombustible insulation. The insulation shall be
secured to prevent the insulation from falling.
Joist channels shall be fire -stopped the full
depth of the moist with a material to the web
construction so that the volume of individual
channels does not exceed 160 cubic feet.
.0103 National Fire Protection Association
Standard 13, 1994 Edition, Section 4-7.1.1.1 of
NFPA-13 amended as follows:
`Local water flow alarms shall be provided on each
sprinkler system having more the 5 sprinklers and shall
be located in an area approved by the chief.'
.020 All fire -sprinkler systems shall be designed to
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utilize not more than 90 percent of the available water
supply as indicated by a submitted graph sheet as
required by this code.
.030 Automatic sprinkler systems in Group R Occupancies
four stories or less may be in accordance with the
National Fire Protection Association Standard No. 13-R,
1994 Edition.
.040 Automatic sprinkler systems in Group R Division 3
occupancies may be in accordance with the National Fire
Protection Association Standard No. 13-D, 1994 Edition
as amended by this code.
16.08.200 PERMITS AND PLANS FOR PUBLIC ASSEMBLIES
Subsection 2501.3 of Section 2501 of the Uniform Fire Code
is hereby amended to add the following to read as follows:
Plans of exhibitions, trade shows, carnivals, and fairs
shall submitted to the Chief for approval fourteen (14)
days prior to the event.'
16.08.210 OCCUPANT COUNT
Subsection 2501.16.4 is hereby added to Section 2501 of the
Uniform Fire Code to read as follows:
12501.16.4 Occupant Count. The manager/owner of each place
of assembly shall have an effective system to maintain a
count of the number of occupants present in the assembly
area. Such system shall be enacted when the occupant load
reaches 75 percent or greater of the posted capacity. If at
any time, the Chief determines that an accurate count of
occupants is not being maintained, the occupancy shall be
cleared until an accurate count can be made.'
16.08.220 ABOVEGROUND TANKS
.010 Subsection 5202.3.6 of Section 5202 of the Uniform Fire
Code is hereby amended to read:
15202.3.6 Special Enclosures. When installation of tanks in
accordance with Section 7902.6 is impractical, or because of
property or building limitations, tanks for Class I, II or
III -A liquids may be installed in buildings, when approved
by the Chief, in special enclosures as follows:
1. The special enclosure shall be liquid tight and
vapor tight
2. The special enclosure shall not contain backfill.
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3. Sides, top and bottom of the special enclosure
shall be of reinforced concrete at least 6 inches
(152.4 mm) thick, with openings for inspection through
the top only.
4. Tank connections shall be piped or closed such that
neither vapors nor liquid can escape into the enclosure
and any tanks inside the special enclosure.
5. Means shall be provided where by portable equipment
can be employed to discharge to the outside any vapors
which might accumulate inside the special enclosure
should leakage occur.
6. Tanks containing Class I, II or III -A liquids
inside a special enclosure shall not exceed 1100
gallons (4164 L) individual or 2200 gallons (8328 L)
aggregate capacity.
7. Each tank within special enclosures shall be
surrounded by a clear space of not less than 3 feet
(910 mm) to allow for maintenance and inspection.
.020 Subsection 5202.4.1 of Section 5202 of the Uniform Fire
Code is hereby amended to read:
15202.4.1 Aboveground tanks. Aboveground tanks used for
the dispensing of Class I and Class II liquids into the fuel
tank of a motor vehicle shall be in accordance with Anaheim
Fire Department, Aboveground Tank Installation Guidelines,
copies of which are on file at the Anaheim Fire Department.'
16.08.230 PLANS
Subsection 7901.3.2 of Section 7901 of the Uniform Fire Code
is hereby amended to read as follows:
17901.3.2 Plans. Plans shall be submitted with each
application for a permit to store more than 249 gallons (942
L) of liquids outside of buildings in drums or tanks. The
plans shall indicate the method of storage, quantities to be
stored, distances from buildings and property lines,
access -ways, fire -protection facilities, and provisions for
spill control and secondary containment.
16.08.240 TANKS ABANDONED IN PLACE
Subsection 7902.1.7.2.4 of Section 7902 of the Uniform Fire
Code is hereby amended to read as follows:
17902.1.7.2.4 Tanks abandoned in place. Tanks abandoned in
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place shall be in accordance with Anaheim Fire Department,
Underground Tank Abandonment -in -Place Guidelines, copies of
which are on file at the Anaheim Fire Department.'
16.08.250 REINSTALLATION OF UNDERGROUND TANKS
Subsection 7902.1.7.2.5 of Section 7902 of the Uniform Fire
Code is hereby amended to read as follows:
17902.1.7.2.5 Reinstallation of underground tanks. Tanks
which are to be reinstalled for flammable or combustible
liquid storage shall comply with the provisions of Article
79 and shall be recertified by the original tank
manufacturer.'
16.08.260 REMOVING TANKS
Subsection 7902.1.7.4.1 of Section 7902 of the Uniform Fire
Code is hereby amended to read as follows:
17902.1.7.4.1 General. Removal of underground tanks shall
be in accordance with Anaheim Fire Department, Underground
Tank Removal Guidelines, copies of which are on file at the
Anaheim Fire Department. Removal of aboveground tanks shall
be in accordance with the following:
1. Flammable and combustible liquids shall be removed
from the tank and connecting piping.
2. Piping at tank openings which is not to be used
further shall be disconnected.
3. Piping shall be removed from the ground or
abandoned in place in a manner approved by the chief.
4. Tank openings shall be capped or plugged, leaving a
1/8 -inch to 1/4 -inch -diameter (3.2 mm to 6.4 mm)
opening for pressure equalization, and
5. Tanks shall be purged of vapor and inerted prior to
removal.'
16.08.270 PLASTIC CONTAINERS
Subsection 7902.1.8.1.3 of Section 7902 of the Uniform Fire
Code is amended to read as follows:
`7902.1.8.1.3 Plastic containers. Plastic containers shall
not be used for storage of Class I or Ii liquid unless such
containers are listed and approved for such storage or the
containers are stored in liquid storage rooms or liquid
storage warehouses. See Sections 7902.5.11 and 7902.5.12.
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See also Section 7902.5.10.2.2 for additional limitations.
Exception: Prepackaged containers for wholesale or retail
sale.'
16.08.280 TANK LININGS
Subsection 7902.1.8.2.9 of Section 7902 of the Uniform Fire
Code is hereby amended to read:
17902.1.8.2.9 Tank lining. Tank lining is not allowed
unless approved by the chief.'
16.08.290 TANKS AT GRADE
Subsection 7902.1.13.2 of Section 7902 of the Uniform Fire
Code is hereby amended to read as follows:
17902.1.13.2 Tanks at grade. Tanks shall rest on
foundations made of concrete, masonry, piling or steel.
Tank foundations shall be designed to minimize the
possibility of uneven settling of the tank and to minimize
corrosion in any part of the tank resting on the
foundation.'
16.08.300 USED TANKS
Subsection 7902.6.9 of Section 7902 of the Uniform Fire Code
is hereby amended to read as follows:
17902.6.9 Used tanks. Reinstallation of used tanks is
allowed when such tanks comply with the requirements of
Sections 7902.1.7.2.5, 7902.1.8 and 7902.6.15. See also
Section 7902.6.16.4.'
16.08.310 TANK LINING FOR STEEL UNDERGROUND TANKS
Subsection 7902.6.10 of Section 7902 of the Uniform Fire
Code is hereby amended to read:
`7902.6.10 Tank lining. Tank lining is not allowed unless
approved by the chief.'
16.08.320 CATHODIC PROTECTION
Subsection 7902.6.15.2 of Section 7902 of the Uniform Fire
Code is hereby amended to read:
17902.6.15.2 Cathodic protection. Cathodic protection
systems are not allowed unless approved by the chief.'
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16.08.330 NEW TANKS
Subsection 7902.6.16.2 of Section 7902 of the Uniform Fire
Code is hereby amended to read:
17902.6.16.2 New tanks. New underground tanks shall be
tested in accordance with Anaheim Fire Department,
Underground Tank Installation Guidelines, copies of which
are on file at the Anaheim Fire Department. Pneumatic
testing shall not be used on a tank containing flammable or
combustible liquids or vapors.'
16.08.340 HAZARDOUS MATERIALS MANAGEMENT PLAN
Subsection 8001.3.2 of Section 8001 of the Uniform Fire Code
is hereby amended to read:
18001.3.2 Hazardous materials management plan. When
required by the chief, each application for a permit shall
include a hazardous materials management plan (HMMP). The
HMMP shall comply with the requirements of Health and Safety
Code, Chapter 6.95, Sections 25500 through 25545, and Title
19, Division 2, Chapter 3 of the California Code of
Regulations. Submission of an approved Anaheim Fire
Department Business Emergency Plan form shall be deemed to
meet this requirement.'
16.08.350 HAZARDOUS MATERIALS INVENTORY STATEMENT
Subsection 8001.3.3 of Section 8001 of the Uniform Fire Code
is hereby amended to read:
18001.3.3 Hazardous materials inventory statement. When
required by the chief, each application for a permit shall
include a hazardous materials inventory statement (HMIS).
The HMIS shall comply with the requirements of Health and
Safety Code, Chapter 6.95, Sections 25500 through 25545, and
Title 19, Division 2, Chapter 3 of the California Code of
Regulations. Submission of an approved Anaheim Fire
Department Hazardous Materials Inventory form shall be
deemed to meet this requirement.'
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16.08.360 GENERAL
Subsection 8001.4.5.1.1 of Section 8001 of the Uniform Fire
Code is hereby amended to read:
18001.4.5.1.1 General. Underground tanks used for the
storage of liquid hazardous materials shall be installed in
accordance with the Anaheim Fire Department, Underground
Tank Installation Guidelines, copies of which are on file at
the Anaheim Fire Department. In addition, all such
underground storage tanks shall comply with the requirements
of the California Code of Regulations, Title 23, Division 3,
Chapter 16, and the California Health and Safety Code,
Chapters 6.7 and 6.75. Any subsequent changes to these
statutes made by the State of California during and after
the adoption of this ordinance shall hereby be adopted by
reference unless specifically amended otherwise.'
16.08.370 HAZARDOUS FIRE AREAS
The following changes are made to Division II (Special
Hazards) of Appendix II -A of the Uniform Fire Code:
16.080.380 Section 6 of Appendix II -A of the Uniform Fire Code
is hereby amended to read as follows:
`SECTION 6 - SMOKING
Lighting, igniting or otherwise setting fire to or smoking
tobacco, cigarettes, pipes, or cigars in posted areas is
prohibited.
16.08.390 Section 7 of Appendix II -A of the Uniform Fire Code is
hereby amended to read as follows:
`SECTION 7 - SPARK ARRESTERS
All chimneys used in conjunction with fireplaces, barbecues,
incinerators or heating appliances in which solid, liquid,
or gas fuel is used shall be provided with a spark arrester
constructed with heavy wire mesh or other noncombustible
material with openings not to exceed one-half inch.'
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16.80.400 Section 8 of Appendix II -A of the Uniform Fire Code is
hereby amended to read as follows:
`SECTION 8 - TRACER BULLETS, TRACER CHARGES,
ROCKETS AND MODEL AIRCRAFT
Tracer bullets and tracer charges shall not be possessed,
fired or caused to be fired into or across hazardous areas
including the Special Protection Area.
Rockets, model planes, gliders and balloons powered with an
engine, propellant or other feature liable to start or cause
fire shall not be fired or projected into or across the
hazardous areas and/or the Special Protection Area without a
permit from the Chief.'
16.08.410 Section 10 of Appendix II -A of the Uniform Fire Code is
hereby amended to read as follows:
`SECTION 10 - FIREWORKS
Fireworks shall not be used or possessed in hazardous areas
and/ or the Special Protection Area.
Exception: Aerial displays as approved and permitted by the
Chief.
16.08.420 APPENDIX IV -B CHRISTMAS TREES
Section 2 of Appendix IV -B (Christmas Trees) of the Uniform
Fire Code is hereby amended to read as follows:
`SECTION 2 - PERMITS A permit is required prior to
placement of the tree in all A, E, and I occupancies."'
SECTION 2. VIOLATIONS - PENALTIES
Except where another penalty is provided pursuant to state
law, any person who shall violate any of the provision of this
Chapter, or shall fail to comply wherewith, or who shall violate
or fail to comply with any order make thereunder, or who shall
build in violation of any detailed statement or specifications or
plans submitted and approved thereunder, shall severally for each
and every such violation or noncompliance, respectively, be
guilty of a misdemeanor, punishable by a fine of not more than
One Thousand dollars ($1,000) or by imprisonment for not more
than six (6) months or by both such fine and imprisonment. The
imposition of one penalty for any violation shall not excuse the
violation or permit it to continue: and all such persons shall be
required to correct or remedy such violations or defects within a
reasonable time: and when not otherwise specified, each day that
the prohibited conditions are maintained shall constitute a
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separate offense.
The application of the above penalty shall not be held
to prevent the enforced removal of the prohibited conditions.
SECTION 3. SEVERABILITY
The City Council of The City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. 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
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. Should the provisions
of this Ordinance conflict with the provisions of other local
amendments to the Uniform Fire Code, 1994 Edition, the provisions
of this Ordinance shall prevail.
SECTION 5. EFFECTIVE AND OPERATIVE DATES
This ordinance shall take effect immediately; however,
it shall become operative December 28, 1995.
SECTION 6. DECLARATION OF URGENCY.
The City Council declares that this ordinance is
necessary as an emergency measure for the immediate preservation
of the public peace, health or safety, and the reasons for the
urgency are as follows:
1. This ordinance adopts the Uniform Fire Code, 1994
Edition, with certain amendments thereto which are
reasonably necessary for preservation of the public peace,
health or safety (the local amendments).
2. The local amendments are necessary due to certain
climatic, geographical and topographical conditions,
including the fact that the City of Anaheim is
geographically located in an area which is subject to
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periodic extremely high velocity wind conditions. Said
condition is further accentuated by the topographical
features of the hill and canyon areas in the easterly
portion of the City. Additionally, the City of Anaheim is
subject to seasonal high temperatures and dry atmospheric
conditions which often occur during times of the high
velocity winds as hereinabove described. Due to these local
conditions, as well as other conditions set forth more
specifically in the Resolution setting forth local
conditions justifying amendments to the Uniform Fire Code,
it is necessary for the welfare and safety of the citizens
of Anaheim that local amendments take place to govern the
special conditions of Anaheim.
3. Many of the local amendments being proposed in the
adoption of the Uniform Fire Code have been imposed for a
number of years and represent a stated practice within the
^_ City. If the Uniform Fire Code without local amendments
becomes effective even for a short period of time, it will
create confusion in enforcement, a large increase in the
building fees that will be paid by the public to obtain
their permits and will allow conditions necessitating such
local amendments to go unremedied.
4. Under Health and Safety Code Section 17958, the
Uniform Fire Code, without any local amendments, will become
effective in the City of Anaheim 180 days after its adoption
by the State Building Standards Commission, or by December
18, 1995, if the City does not have its own ordinance in
effect by that time.
5. Unless this ordinance, including the local
amendments set forth herein, is adopted as an emergency
measure, said ordinance will not be in effect on or before
December 28, 1995.
6. For the aforesaid reasons, it is necessary to
adopt this ordinance as an emergency measure for the
immediate preservation of the public peace, health or
safety.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 12th day of December,
1995.
MAYOR OF THE CITY OF AN EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
14483.1\CFLYNN\December 13, 1995 14
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance
No. 5538 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
12th day of December, 1995 and after reading of the ordinance in full by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Taft, Zemel, Feldhaus, Lopez, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5538 on the 12th day
of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th
day of December, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5538 and was published once in the Orange County Register on the 21st day of December, 1995. --�,
CITY CLERK OF THE CITY OF ANAHEIM