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6457 ORDINANCE NO. 6457 AN ORDNANCE OF THE CITY OF ANAHEIM AMENDING SECTION 11.08.040 (DISPLAY OF FLAGS ON THE ANAHEIM CIVIC CENTER FLAGPOLES) OF CHAPTER 11.08 (CONDUCT ON PUBLIC PROPERTY)TO AUTHORIZE THE DISPLAY OF THE LGBT PRIDE FLAG ON THE FLAGPOLE AT ANAHEIM CITY HALL WHEREAS, in 1998,the City Council of the City of Anaheim adopted Ordinance No. 5631 adding section 11.08.040 to the Anaheim Municipal Code, which ordinance made it unlawful to display a flag or banner on the flagpoles at City Hall other than the United States flag, the California flag, the City flag, and any other flag officially designated as a national symbol by an Act of Congress and authorized to be displayed by the City Council; and WHEREAS, since 2013, the City Council has annually proclaimed the month of June as LGBT Pride month, and beginning in 2016,the Council has approved displaying the LGBT Pride flag at City Hall during the month of June; and WHEREAS,the Council now desires to amend Anaheim Municipal Code section 11.08.040 to provide for the LGBT Pride Flag to be flown annually at Anaheim City Hall for a timeframe corresponding with LGBT Pride Month, specifically beginning on May 22 (Harvey Milk Day) and ending on June 30. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. TEXT OF CODIFIED ORDNANCE Section 11.08.040 of the Anaheim Municipal Code is hereby amended and restated to read in full as follows: 11.08.040 DISPLAY OF FLAGS ON THE ANAHEIM CIVIC CENTER FLAGPOLES. It shall be unlawful for any person to display erect or affix any flag,banner or other display of any nature whatsoever to any flagpole owned and maintained by the City of Anaheim and located at either Anaheim City Hall, 200 South Anaheim Boulevard, or Anaheim West Tower, 201 So. Anaheim Boulevard, except: .010 The flag of the United States .020 The flag of the State of California .030 The flag of the City of Anaheim .040 The rainbow flag, commonly referred to as the LGBT Pride Flag, to be flown below the flag of the City of Anaheim at Anaheim City Hall, from May 22 (Harvey Milk Day)through June 30 (end of LGBT Pride Month), annually .050 Any flag officially recognized and designated as a national symbol by an Act of United States Congress, and the display of which has been expressly authorized by action of the Anaheim City Council. SECTION 2. 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. 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 here from of any such portion as may be declared invalid. _ _ _THE EOREGOING_ORDINANCE was introduced at a regularmeeting of the City Council_ _ of the City of Anaheim held on the 18th day of December,2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2019, by the following roll call vote: AYES: Mayor Sidhu and Council Members Brandman, Moreno and Faessel NOES: Mayo Pro Tern Kring and Council Members Barnes, and O'Neil ABSENT: None ABSTAIN: None CITY OF ANAHEIM By Aill fr O' OF THE CI Y OF ANAHEIM ATTEST: CITY CLERK !F THE CITY OF ANAHEIM 126979v.5 Actin()City Clerk CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6457 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of December, 2018, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 15th day of January, 2019, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Brandman, Moreno and Faessel NOES: Mayor Pro Tern Kring, and Council Members Barnes, and O'Neil ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 31st of January, 2019 STING CITY CL RK OF THE CITY OF ANAHEIM (SEAL) The Orange County Register 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 FILE NO. Ord 6457 AFFIDAVIT OF PUBLICATION ----STAT=E-OF=CAL-IFORNh4; 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, 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: 01/24/2019 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: January 24, 2019. lowwlno M___1 Signature UPI -12115/16 PROOF OF PUBLICATION Legal No. 0011225935 ORDINANCE NO. 6457 IA'N ORDINANCE OF THE CITY OF. ANAHEIM AMENDING SECTION 11.08.040 (DISPLAY ,OF FLAGS ON THE ANAHEIM CIVIC CENTER FLAGPOLES) OF.CHAPTER 11.08 (CON- DUCT ON PUBLIC PROPERTY) ,TO AUTHORIZE THE DISPLAY OF THE LGBT'PRIDE. FLAG ON THE FLAGPOLE AT ANAHEIM CITY HALL WHEREAS,'in 1998, the City Council of the City of Anaheim adopted Ordinance No. 5631 adding section 11.08.040 to the Anaheim' Municipal Code, which ordinance made it unlawful to display a flag or banner on the flagpoles at City Hall other than the United States flag, the. California flag, the City flag, and any other flag officially designated as &national symbol=by. an Act of Congress and authorized to be displayed by the City Council; and WHEREAS, since 2013, the City Council has annually proclaimed the month of June as; LGBT Pride month, and beginning in 2016, the Council has approved displaying the.LGBT' Pride flag at City Holl'during the month of June; and WHEREAS, the Council now desires to amend Anaheim Municipal Code section 11.08.040 to; provide for the LGBT Pride Flag to be flown annually at Anaheim City Hall for a timeframe' corresponding with LGBT Pride Month, specifically beginning on May 22 (Harvey Milk Day) and ending on June 30. NOW, THEREFORE, THE CITY COUNCIL OF THE'CITY OF ANAHEIM HEREBY OR-' DAI NS AS FOLLOWS: SECTION1. : TEXT OF CODIFIED ORDINANCE ` Section 11.08.040 of the Anaheim`Municipal Code is hereby amended and restated I �toread.infull asfollow_s:. ,11.08.040 DISPLAY OF FLAGS ON THE ANAHEIM CIVIC CENTER FLAGPOLES. It shall be unlawful for any person to display erect or affix any flag, banner or other display of any nature whatsoever to any flagpole owned and maintained by the City of Anaheim and located at either Anaheim City Hall, 200 South Anaheim Boulevard, or Anaheim West Tower, 201 So. Anaheim Boulevard, except:., .010 The flag of the United States .020 TheflagoftheStateofCalifornia .030 The flag of the City of Anaheim .040 The rainbow flag,, commonly referred to as the LGBT Pride Flag, to be flown below the flag of the City of Anaheim at Anaheim City Hall, from May 22, (Harvey Milk. Day). through June 30 (end of LGBT Pride Month), annually 050 Any flag officially recognized and designated as a national symbol by an Act of United States Congress, and the display of which has been expressly authorized by action of the Ana--' heim City Council. SECTION 2, , CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage of this•ordinance and shall cause, the some 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 shal I take effect and be in full force. ,SECTION3:� SEVERABILITY The City Council of the City of'Anahelm hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for qny reason to be invalid, it is the intent of the Council that it would have passed all other por- tions of this ordinance independent of the elimination herefrom of any such portion as may be ' declared invalid. ORDINANCE was introduced at a regular meeting of the City YES: Mayor Sidhu and Council Members Brandman, Moreno, and Foessel iOES: Mayor Pro Tem Kring and Council Members Barnes and O'Neil ABSENT: None ;BSTAIN:.None CITYOFANAHEIM l /S/HARRYSIDHU - ^ ElM`'- TTEST: I/,LINDA N. AN DAC blished: The Orange Coure EIM 24, 2019 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6457 and was published in The Orange County Register on the 24th day of January, 2019, pursuant to Section 512 of the City Charter of the City of Anaheim. CTING C TY CLERK OF THE CITY OF ANAHEIM (SEAL)