4734ORDINANCE NO. 4734
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 4.04.130 OF CHAPTER 4.04 OF TITLE 4 OF
THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS
IN PUBLIC RIGHTS-OF-WAY, DECLARING THE URGENCY
THEREOF, AND DECLARING THAT THIS ORDINANCE
SHALL TAKE EFFECT IMMEDIATELY.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Section 4.04.130 of Chapter 4.04 of Title 4 of
the Anaheim Municipal Code be, and the same is hereby,
amended to read as follows:
"4.04.130 PROHIBITION OF SIGNS IN PUBLIC
RIGHT-OF-WAY.
.010 The term 'sign' as used in this section
shall include any card, banner, handbill, sign, poster,
printing, writing, drawing, painting, decoration,
pictorial representation of advertising or publicity or
notice of any kind, including any political sign of any
kind. Such term shall not include any sign required or
permitted by any statute, ordinance or law, or other
duly authorized official City, County, or State signs.
.020 The term 'public right-of-way' as used
in this section shall mean any area of real property
dedicated to or owned by the City of Anaheim or the
public or any other public body, or over which the City
of Anaheim or the public or any other public body holds
any easement, for public street, alley, sidewalk, pedes-
trian, equestrian, or public utility purposes.
.030 It shall be unlawful for any person,
firm, corporation, committee, or organization, except a
public officer or employee in the performance of a
public duty or unless required or permitted by ordinance
of the City of Anaheim or the laws of the State or of
the United States, to place or cause to be placed, any
sign on or within any public right of way in the City of
Anaheim, or to affix any sign to any curb, telephone
wire, crossbar or pole, utility wire, crossbar or pole,
lamp post, traffic or parking control signs or devices,
hydrant, bridge, tree, bus shelter, or any other object
located within said public right-of-way.
.040 The provisions of this section shall not
apply to signs placed or maintained upon, or in front
of, or attached to, or above any building or premises,
either wholly located upon private property, or upon a
building or structure projecting into the public right-
of-way and which sign is regulated by the provisions of
Title 18, Chapter 18.05 of the Anaheim Municipal Code.
The provisions of this section shall likewise not apply
to signs affixed to any vehicle provided said vehicle is
lawfully located in the public right-of-way.
.050 Any sign violating any of the provisions
of this section is hereby declared to be and is a public
nuisance.
.060 Any sign violating any of the provisions
of this section may be removed by any employee of the
City duly authorized so to do by the Director of
Maintenance, City Engineer, Public Utilities General
Manager, or Director of Community Development and
Planning. Any sign so removed shall be transported to
the City of Anaheim and placed in the custody of the
Maintenance Department of the City and notice of such
removal and the right to claim such sign shall be given
by the City to the person or entity owning such sign to
the extent such ownership can be reasonably ascertained
from information contained on the sign. Failure of the
City to give or failure of the owner to receive such
notice shall not subject the City or any of its officers
or employees to any civil liability or invalidate any
other action taken pursuant to this section. The person
or entity owning such sign and the person or entity
responsible for the affixing of such sign in the public
right of way shall be jointly and severally civilly
liable and indebted to the City of Anaheim for the
reasonable cost of removal and storage of such sign
incurred by the City which shall be in addition to any
other penalty provided by law. In the event any sign so
removed is not claimed by its owner and the costs
prescribed herein paid to the City within thirty (30)
days following its removal, such sign may be disposed of
by the City without further notice. For purposes of
this section, there shall be a rebuttable presumption
that the name of any person or entity which appears on
such sign in any manner or capacity is either the owner
of said sign or the person or entity responsible for the
affixing of such sign in the public right-of-way.
.070 Penalty. Any person, firm or corpora-
tion who shall violate any of the provisions of this
section shall be guilty of an infraction which shall be
punishable by a fine in an amount as prescribed by State
law but in no event less than the amount of any reward
prescribed payable pursuant to subsection .080 hereof.
.080 Every person who provides information
resulting in the conviction of any person who violates
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any of the provisions of this section shall receive as a
reward from the City of Anaheim the sum of Fifty Dollars
($50.00). Conviction of multiple violations as a result
of a single criminal complaint shall be deemed a single
conviction for purposes of this subsection. The Finance
Director is hereby authorized and directed to pay from
any appropriation created for the purpose the sum of
Fifty Dollars ($50.00) to each person who gives such
information, provided that a claim therefor is filed
with the Finance Director within sixty (60) days after
conviction and that such claim is approved by the City
Attorney. Notwithstanding any other provision hereof,
only one such Fifty Dollar reward shall be payable by
the City for each conviction. In the event more than
one person claims such reward for any conviction, the
Fifty Dollar reward shall be divided equally among the
total number of persons providing information resulting
in such conviction as determined by the City."
SECTION 2. DECLARATION OF EMERGENCY
WHEREAS, signs prohibited by this ordinance would, if
placed in the public right-of-way, obstruct the vision of drivers of
vehicles, impair access to public facilities such as fire hydrants
and utility poles, and constitute a hazard to utility workers if
placed upon telephone and utility wires or poles; and
WHEREAS, such obstruction of vision, impairment of access,
or safety hazard could lead to personal injury, property damage, and
great hardship and inconvenience to the City, its employees and
members of the public generally,
NOW THEREFORE, it is hereby declared that this ordinance is
necessary as an emergency measure for the immediate preservation of
the public peace, health or safety and shall take effect immediately
upon adoption.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which viola-
tions 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 continu-
ations, and not as new enactments.
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby 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 that it would have passed all other
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portions of this ordinance independent of the elimination herefrom
of any such portion as may be declared invalid.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 8th day of July, 1986.
'00004 /<.
MAYOR OF THE CITY 0 ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
070286
1350V
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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. 4734 was introduced and adopted at a regular
meeting of the City Council of the City of Anaheim held on the 8th day of
July, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4734 on the 8th day of June, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 8th day of June, 1986.
LEONORA N. SOHL, CITY CLERK
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4734 and was published once in the
Anaheim Bulletin on the 18th day of July, 1986.
LEONORA N. SOHL, CITY CLERK