5436ORDINANCE NO.5436
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 2.12.030 AND ADDING SECTION 2.12.120 TO
CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO CONFIDENTIALITY OF TRANSIENT
OCCUPANCY TAX RETURNS AND ENFORCEMENT OF CHAPTER
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 2.12.030 of Chapter 2.12 of Title 2 of the
Anaheim Municipal Code be, and it is hereby, amended by adding
thereto a new subsection .030 which subsection .030
shall read as follows:
".030 Tax returns filed with the City
pursuant to this Chapter, and information contained therein
regarding amounts of gross receipts, adjustments, credits,
overcollections, tax, penalty and interest, shall be and
remain confidential. Unauthorized disclosure or use of
such confidential information by any officer, agent or
employee of the City shall constitute a misdemeanor;
provided, however, this section shall not apply to any
disclosures made in connection with any hearing, appeal, or
any civil action or proceeding relating to the
determination or recovery of the Tax, or any prosecution of
any person for violation of any provision of this Chapter
or any criminal or civil proceeding pertaining to the Tax.
This subsection shall not prohibit, nor be construed to
prohibit, disclosure of statistical or cumulative
information derived from tax returns, when the information
disclosed does not identify or relate to any particular
taxpayer."
SECTION 2.
That new Section 2.12.120 be, and the same is hereby,
added to Chapter 2.12 of Title 2 of the Anaheim Municipal Code to
read as follows:
"2.12.120 ENFORCEMENT OF CHAPTER
The Collector and Code Enforcement Manager shall
have the duty of enforcing the provisions of this Chapter.
The Collector and Code Enforcement Manager and each of
their deputies are hereby authorized to enter, free of
charge, at any reasonable time, any place of business, or
to approach any person apparently conducting or employed in
the operation of a business, to verify compliance with the
provisions of this chapter.
Nothing in this section is intended to or shall
operate to change or shall have the effect of changing the
status of the Collector or Code Enforcement Manager or
their respective deputies from a public or miscellaneous
officer or employee to an individual peace officer or
safety member for purposes of retirement, workers'
compensation or similar injury or death benefits, or any
other employee benefits to which said officer or employee
would not have been entitled as a public employee prior to
adoption of this section."
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 were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporation to
violate any provision or to fail to comply with any of the
requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6)
months, or by both such fine and imprisonment. Each such person,
firm or corporation shall be deemed guilty of a separate offense for
each day during any portion of which any violation of any of the
provisions of this ordinance is committed, continued or permitted by
such person, firm or corporation, and shall be punishable therefor as
provided for in this ordinance.
H
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 2nd day of August 1994.
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MAYOR OF THE CITY OF A EIM
ATTEST:
CITY CLERK OF THE CI/T`Y/ OF ANAHEIM
6449.1\EEGAN\April 5, 1994 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance
No. 5436 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th
day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council
held on the 2nd day of August, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, 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. 5436 on the
3rd day of August, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 3rd day of August, 1994.
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. 5436 and was published once in the North Orange County News on the 11th day of
August, 1994.
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CITY CLERK OF THE CITY OF ANAHEIM