6370ORDINANCE NO. 6 3 7 0
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 11.10.150 AND 11.10.160 OF CHAPTER 11.10 OF
TITLE 11 OF THE ANAHEIM MUNICIPAL CODE (CAMPING
AND STORAGE OF PERSONAL PROPERTY IN PUBLIC
AREAS) AND SECTION 13.08.020 OF CHAPTER 13.08 OF
TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC
PARKS --PROHIBITED CONDUCT GENERALLY) TO GIVE
THE CITY ATTORNEY DISCRETION TO CHARGE
VIOLATIONS OF CHAPTER 11.10 AND SECTION
13.08.020.080 AS MISDEMEANORS OR INFRACTIONS
WHEREAS, the City desires to keep public areas within the City in a clean, sanitary, safe
and accessible condition, to adequately protect the health, safety, environment and general
welfare of the community, and to ensure that these public areas are used for their intended
purposes and remain accessible to all citizens, businesses and visitors in the City; and
WHEREAS, criminal activity in, and violation of the rules applicable to, public parks and
public property in Anaheim is inimical to the purposes for which such property is established and
leads to public perception that such places may not be welcoming to law-abiding citizens and
create a risk of harm to innocent bystanders; and
WHEREAS, numerous residents of Anaheim have made complaints and expressed
concerns that the public parks and public areas in Anaheim are not welcoming for their families
and not accessible to them to use for their intended purpose as a result of persons violating the
Anaheim Municipal Code's park rules and anti -camping and storage provisions; and
WHEREAS, the issuance of infractions for violations of the Anaheim Municipal Code
has not necessarily deterred unlawful activity in the parks and public areas in Anaheim; and
WHEREAS, in November 2015, the City Council adopted an ordinance amending
Section 13.08.020 of Chapter 13.08 of Title 13 of the Municipal Code to give the City Attorney
discretion to charge violations of the Municipal Code's park rules provisions prohibiting
drinking, gambling, discharging weapons or fireworks, defacing park property, starting fires and
loitering in the parks after hours as misdemeanors under appropriate circumstances, rather than
being required to always treat such violations as infractions; and
WHEREAS, giving the City Attorney discretion to charge violations of the Anaheim
Municipal Code's rules prohibiting camping and storage of personal property in public areas as
misdemeanors under appropriate circumstances, rather than being required to always treat such
violations as infractions, is also advisable.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. TEXT OF CODIFIED ORDINANCE
Sections 11.10.150 and 11.10.160 of Chapter 11.10 of the Anaheim Municipal
Code are hereby amended and restated to read in full as follows:
11.10.150 PROVISIONS NOT APPLICABLE.
(a) The provisions of this Chapter shall not apply to real or Personal Property or
money subject to confiscation pursuant to state or federal law, to Personal Property that
constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil
proceeding pursuant to state or federal law.
(b) The provisions of this Chapter shall not apply to Abandoned Personal
Property, which shall be disposed of forthwith.
(c) "Shopping carts" or "carts", as defined in Chapter 7.52 of this Code, shall be
subject to release to the owners and operators of businesses which provide shopping carts for the
convenience of their customers or abatement and/or disposal thereof in accordance with the
provisions of Chapter 7.50 or 7.52, as the case may be.
(d) Notwithstanding the regulations set forth in this Chapter, the City Manager
and/or Chief of Police are hereby authorized to promulgate additional rules and policies for the
implementation of this chapter in a manner consistent with state and federal law.
11.10.160 VIOLATIONS, PENALTIES AND ENFORCEMENT.
Notwithstanding any other provision in this Code, each violation of the provisions
of this Chapter may be enforced alternatively as follows:
(a) A violation of this Chapter may be punishable as a misdemeanor or an
infraction at the discretion of the City Attorney:
(b) The City Attorney may institute an action in any court of competent
jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions
of this Chapter, as provided by law.
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SECTION 2. TEXT OF CODIFIED ORDINANCE
Section 13.08.020 of Chapter 13.08 of the Anaheim Municipal Code is hereby
amended and restated to read in full as follows:
13.08.020 PROHIBITED CONDUCT GENERALLY.
Within the limits of any of said parks, it shall be unlawful for any person or
persons to do any of the acts hereinafter specified, to wit:
.010 To bring, leave, hitch, fasten, lead, drive or turn loose or allow to go free any
animal or fowl of any kind; provided that this shall not apply to dogs held on a leash, chain or
other restraint not more than six feet long, nor to dogs within a Dog Park as further defined under
Chapter 13.14 hereof, nor to any horse when hitched, fastened or led within any City of Anaheim
park that links with the County of Orange EMA Harbors, Beaches and Parks Master Plan of Trail
Systems ("Special Use Parks");
.020 To ride or drive any horse or other animal, or to propel any vehicle, cycle or
automobile; except that such prohibition shall not apply to equestrians and bicyclists (non -
motorized) in Special Use Parks.
.030 To carry or discharge any firearms, firecrackers, rockets, torpedoes or any
other fireworks, or airguns or slingshots;
.040 To cut, break, injure, deface or disturb any tree, shrub, plant, rock, building,
cage, pen, monument, fence, bench or other structure, apparatus or property; or to pluck, pull up,
cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in
any manner, any building, monument, fence, bench or other structure;
.050 To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer;
.060 To swim, fish, bathe or wade in, or to pollute the water of any fountain,
pond, lake or stream;
.070 To make or kindle a fire except in picnic stoves, braziers or fire pits provided
for that purpose;
.080 To camp therein. "Camp" shall have the meaning set forth in Section
11. 10.020 of Chapter 11.10 of Title 11 of this Code;
.090 To cook, prepare, serve or barbecue food or food items, except at the places
provided therefor;
.100 To wash dishes or to empty salt water or other waste liquids elsewhere than
in the sinks provided for such purposes; provided, however, that nothing contained herein shall
be deemed to authorize the dumping or disposal of any waste which is otherwise prohibited by
any other law;
. 110 To leave garbage, cans, bottles, papers or other refuse elsewhere than in the
receptacles provided therefor;
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.120 To play, or engage in any game, excepting at such place as shall be
especially set apart for that purpose;
.130 To play or bet at or against any game which is played, conducted, dealt or
carried on with cards, dice or other device, for money, chips, shells, credit or any other
representative of value, or to maintain or exhibit any gambling table or other instrument of
gambling or gaming;
.140 To indulge in riotous, boisterous, threatening or indecent conduct, or
abusive, threatening, profane or indecent language;
.150 To disturb in any manner any picnic, meeting, service, concert, exercise or
exhibition;
.160 To post or erect any bill, notice, paper, circular or advertising or display
device of any kind, except as approved in conjunction with an event for which a permit has been
approved pursuant to this chapter;
.170 To sell or offer for sale any merchandise, article or thing, whatsoever,
without first obtaining permission from the City Council or a permit from the Community
Services Department so to do;
.180 To practice, carry on or conduct any trade, occupation, business or
profession; provided this subsection shall not apply to any activity occurring as an integral part
of an event for which a permit has been approved pursuant to this chapter;
.190 To remain, stay or loiter in any public park between the hours of 10:30 p.m.
and 5:00 a.m. of the following day;
.200 To possess or consume any alcoholic beverage in any public park, without
first obtaining the permission of the City Council or a permit from the Parks, Recreation and
Community Services Department. "Alcoholic beverage" is defined as any beverage defined as an
"alcoholic beverage" by the Alcoholic Beverage Control Act of the State of California;
.210 To play or engage in the game of golf, or to hit any golf ball with a golf club.
.220 A violation of subsections .030, .040, .070, .080, .130, .190 or .200 may be
filed as an infraction or a misdemeanor at the discretion of the City Attorney. Except as
otherwise provided in the immediately preceding sentence for violations of subsections .030,
.040, .070, .080, .130, .190 or .200 of this section, any person violating any of the other
provisions of this section shall be deemed guilty of a criminal infraction and, upon conviction
thereof, shall be punishable by a fine as set forth in Section 36900 of the Government Code, or
any successor provision thereto.
SECTION 3. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE
The City Clerk shall certify to the passage of this ordinance and shall cause the
same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in the City of Anaheim, and thirty
(30) days from and after its final passage, it shall take effect and be in full force.
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SECTION 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 22 day of March —, 2016, and thereafter
passed and adopted at a regular meeting of said City Council held on the 12th day of
April _, 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
'ffrWAA k •�
115085v5
CITY OF AN IM
-Z By:
MAYOR OF THE CITY OF ANAHEIM
5
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6370 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 22nd day of March, 2016, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 12th day of April, 2016, by the following vote
of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brndman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2016.
PrdAllit
CITY CLERK OF THE CITY u F ANAHEIM
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6370 and was published in the Anaheim Bulletin on the 21St day of April,
2016.
4.1,11
411 Air
CITY CLERK OF THE CITY OF ANAHEIM
AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
Proof of Publication of
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
Paste Clipping of
the above-entitled matter. I am the principal Notice
clerk of the Anaheim Bulletin, a newspaper that SECURELY
In This Space
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 SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6365
Anaheim, County of Orange, State of California; •
AN ORDINANCE OF THE CITY OFA ANAHEIM AN ORDINANCE OF THE CITY OF
that the notice, of which the annexed is a true
ANAHEIM AMENDING SECTIONS 11.10.150 AND 11.10.160 OF CHAPTER 11.10 OF
TITLE 11 OF THE ANAHEIM MUNICIPAL CODE (CAMPING AND STORAGE OF
PERSONAL PROPERTY IN PUBLIC AREAS)AND SECTION 13.08.020 OF CHAPTER
printed copy, has been published in each regular
13,08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC PARKS--
PROHIBITED CONDUCT GENERALLY)TO GIVE THE CITY ATTORNEY DISCRETION
TO CHARGE VIOLATIONS OF CHAPTER 11.10 AND SECTION 13.08.020.080 AS MIS
and entire issue of said newspaper and not in any DEMEANORS OR INFRACTIONS
Phis ordinance amends Section 11.10.150 (Provisions Not Applicable) of Chapter 11.10
supplement thereof on the following dates, to
(Camping and Storage of Personal Property in Public Areas)of Title U(Public Property)of
the Anaheim Municipal Code to authorize the Chief of Police and/or City Manager of the
City of Anaheim to promulgate additional rules and policies for the implementation of said'
Chapter 11.10 in a manner consistent with state and federal law. This ordinance also
wit: amends Section 11.10.160(Violations.Penalties and Enforcement)of said Chapter 11.10 and
subsection .220 of Section 13.08.020 (Prohibited Conduct Generally) of Chapter 13.08
(Public Parks)of Title 13(Public Parks)of the Anaheim Municipal Code to give discretion to
April 21,2016 the City Attorney to punish a violation of said Chapters 11.10 and 13.08 as either a misde-
meanor or an infraction.
"I certify (or declare) under the penalty Of !I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a
summary of Ordinance No.6365 which ordinance was introduced at a regular meeting of
perjury under the laws of the State of California
the City Council of the City of Anaheim on the 22nd day of March,2016 and was duly
passed and adopted at a regular meeting of said Council on the 12th day of April,2016 by
the following roll call vote of the members thereof:
that the foregoing is true and correct": AYES: Mayor Tait and Council Members Kring,Murray,Brandman,and Vanderbilt
NOES: None
Executed at Santa Ana, Orange County, ABSENT: None
California;on ABSTAIN: None
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No.6365,which has been prepared pursuant to Section 5ribe r1y2 of the Charter of the
Date: April 21,2016 n Cof Anaheim. This ity
and should not be relied n does a substitute for rthe full text of the ordinance.rovision of the ordi-
nance
To ct the
of
e
obtain a
765-5166,of the full between 8:00 AM and 5:00 Pxt of the if,Monday thplease rough Friday. There is o
charge for the copy.
116400/TJR
Publish:Anaheim Bulletin April 21,2016 10155676 -
Signature
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