5926ORDINANCE NO. 5926
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW
CHAPTER 6.74, SECTIONS 6.74.010 THROUGH 6.74.050, TO
TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
FALSE 9-1-1 CALLS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
CFC T1C)N 1
That new Chapter 6.74 be, and the same is hereby, added to Title 6 of the Anaheim
Municipal Code to read as follows:
"CHAPTER 6.74.
FALSE 9-1-1 CALLS
6.74.010 DEFINITIONS.
As used in this chapter:
.010 The term "false 9-1-1 call" means a 9-1-1 call placed to the Anaheim Police Department,
whether wilfully, unintentionally, negligently, or inadvertently, resulting in a response by one or more
officers of the Anaheim Police Department. The term "false 9-1-1 call" shall not include a 9-1-1 call
resulting in a response by one or more officers of the Anaheim Police Department where, at the time
the call was placed, the caller had a good faith belief that there existed an emergency or other
circumstance requiring police or public safety services.
020 The term "responsible person" means each and all of the following:
0201 Any person actually in charge of the premises from which the false 9-1-1 call
originates:
.0202 The owner, tenant or other person lawfully occupying the premises from which
the false 9-1-1 call originates;
.0203 If the person in charge of the premises from which the false 9-1-1 call originates
is a minor who resides with both parents, then both parents shall be deemed responsible persons;
.0204 If the person in charge of the premises from which the false 9-1-1 call originates
is a minor who resides with one parent or legal guardian, then the parent or legal guardian who resides
In, owns, or controls the premises from which the false 9-1-1 call originates shall be deemed a
responsible person.
6.74.020 FALSE 9-1-1 CALL — PREVENTION PAYMENT
.010 There is hereby imposed and assessed a fee for each false 9-1-1 call in excess of one for
any twelve month period, which fee shall be determined by resolution of the City Council. The fee will
be paid to the Finance Director for deposit into the General Fund.
.020 The fee imposed pursuant to this chapter shall be a debt owed, jointly and severally, by
the responsible persons as defined in this chapter, to the City of Anaheim. Any such responsible persons
owing money pursuant to the provisions of this chapter shall be jointly and severally liable in an action
brought in the name of the City of Anaheim for recovery of such amount, together with reasonable
attorneys' fees."
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.
P
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 15 day of June , 2004, and thereafter passed and
adopted at a regular meeting of said City Council held on the 22 day of June , 2004,
by the following roll call vote:
AYES: Mayor Pringle, Council Members Chavez, hernandez, McCracken
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
ATTEST:
CITY CLER< OF fHE CITY OF ANAHEIM
53158.4
3
CITY OAHE
By
_ d
MAYOR OF THE C F ANAHEIM
AFFIDAVIT OF -PUBLICATION
STATE OF CALIFORNIA, )
) 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 Anaheim Bulletin, a newspaper that
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
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and eMire issue of said newspaper and not in any
suppTt}nent thereof on the following dates, to
wit:—
- July 2004`
"I CeWy (Or`deelare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: July 1, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
ORDINANCE NO. 5926
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW CHAPTER 6.74, SECTIONS 6.74.010 THROUGH
6.74.050, TO TITLE 6 OF THE ANAHEIM MUNICIPAL
CODE RELATING TO FALSE 9-1-1 CALLS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE-
BY ORDAINS AS FOLLOWS:
SECTION I.
That new Chapter 6.74 be, and the same is hereby, add-
ed to Title 6 of the Anaheim Municipal Code to read as
follows:
This spat"CHAPTER 6.74.
FALSE 9-1-1 CALLS
6.74.010 DEFINITIONS.
As used in this chapter:
.010 The term "false 9-1-1 call" means a 9-1-1 call placed
to the Anaheim Police Department, whether wilfully, uninten-
tionally, negligently, or inadvertently, resulting in a response
by one or more officers of the Anaheim Police Department.
The term "false 9-1-1 call" shall not include a 9-1-1 call result-
ing in a response by one or more officers of the Anaheim
Police Department where, at the time the call was placed, I.
the caller had a good faith belief that there existed an emer-
roofofp gency or other circumstance requiring police or public safe-
ty services.
020 The term "responsible person" means each and
all of the following:
.0201 Any person actually in charge of the premises'.
from which the false 9-1-1 call originates;
.0202 The owner, tenant or other person lawfully occu-
pying the premises from which the false 9-1-1 call originates;
.0203 If the person in charge of the premises from
which the false 9-1-1 call originates is a minor who resides
with both parents, then both parents shall be deemed re-
sponsible persons;
.0204 If the person in charge of the premises from
which the false 9-1-1 call originates is a minor who resides
with one parent or legal guardian, then the parent or legal
guardian who resides in, owns, or controls the premises
from which the false 9-1-1 call originates shall be deemed a
responsible person.
.6.74.020 FALSE 9-1-1 CALL — PREVENTION PAYMENT
010 There is hereby imposed and assessed a fee for
each false 9-1-1 call in excess of one for any twelve month
period, which fee shall be determined by resolution of the
City Council. The fee will be paid to the Finance Director for
deposit into the General Fund.
.020 The fee imposed pursuant to this chapter shall be
a debt owed, jointly and severally, by the responsible per-
sons as defined in this chapter, to the City of Anaheim. Any
such responsible persons owing money pursuant to the pro-
visions of this chapter shall be jointly and severally liable in
an action brought in the name of the City of Anaheim for re-
covery of such amount, together with reasonable attorneys'
fees.''
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 pportions of this ordi-
nance 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 viola-
tions were committed prior to the effective date hereof, nor:
be construed as a waiver of any license or penalty or the pe -
net provisions applicable to any violation thereof. The Prov'
sions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by Ihe'��
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 re-
4uirements of this ordinance. Any person, firm or corpora-
tion 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 pun -
;had 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 sepa-
rate offense for each day during any portion of which any vi-
olation of any of the provisions of Ihis ordinance is commit-
ted, continued or permitted by such person, firm or corpora-
tion, and shall be punishable therefor as provided for in this
ordinance.
THE FOREGOING ORDINANCE is approved and adopt-
ed by the City Council of the City of Anaheim this 22nd Day
of June, 2004, by the following roll call vote:
Introduced: June 15, 2004
AYES: MAYOR/COUNCIL MEMBERS: PRINGLE,
McCRACKEN, HERNANDEZ, CHAVEZ
NOES: NONE
ABSENT: COUNCIL MEMBER TAIT
ABSTAIN: NONE
CITY OF ANAHEIM
;By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin
JuIV 1, 2004 25-680 6254712