5929ORDINANCE NO.5929
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
VARIOUS PROVISIONS OF THE ANAHEIM MUNICIPAL CODE
TO REDUCE CERTAIN CODE VIOLATIONS FROM
MISDEMEANORS TO INFRACTIONS AND AMENDING
CERTAIN OTHER PROVISIONS OF THE CODE
WHEREAS, Section 515 of the Charter of the City of Anaheim provides that the
violation of any City ordinance is punishable as a misdemeanor unless by ordinance it is made
punishable as an infraction or is otherwise redressed by civil action; and
WHEREAS, misdemeanors are punishable by a maximum fine of $1,000 and/or a
maximum of six months in jail for each offense, while infractions are punishable onlyby a maximum
fine of $100 for a first offense, $200 for a second offense, and $500 for each subsequent offense
committed within a one year period except for violations of local building and safety codes which
are punishable by a maximum fine of $100 for a first offense, $500 for a second offense, and $1,000
for each subsequent offense committed with a one year period; and
WHEREAS, by prior ordinances, the City Council has made violations of certain City
ordinances punishable as infractions rather than misdemeanors; and
WHEREAS, the City Council finds and determines that certain other and additional
offenses hereinafter described are more appropriately punishable as infractions rather than as
misdemeanors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That paragraph .0104 of subsection .010 of Section 1.16.030 of Chapter 1.16 of Title
1 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".0104 To break, damage, write upon, paint or deface any building, fence,
bench or other structure, apparatus or property; or to pull up, cut, take or remove any tree, shrub,
bush, or plant;"
CFCTtnN
That paragraph .0105 of subsection .010 of Section 1.16.030 of Chapter 1.16 of Title
1 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".0105 To cut, break, injure, damage, pluck or remove any tree limb, grass
or flower; provided, however, this paragraph shall not apply to any injury or damage which occurs
during the ordinary and customary play of the game of golf;"
SECTION 3
That paragraph .0106 of subsection .010 of Section 1. 16.030 of Chapter 1.16 of Title
of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".0106 To fish in or to pollute the water of any fountain, pool, lake or stream;"
SECTION 4:
That new paragraph .0 10 16 be, and the same is hereby, added to subsection .010 of
Section 1. 16.030 of Chapter 1.16 of Title I of the Anaheim Municipal Code, to read as follows:
".01016 To swim, wade or bathe in any fountain, pool, lake or stream:"
SECTION 5.
That subsection .030 of Section 1. 16.030 of Chapter 1.16 of Title 1 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as follows:
".030 Any violation of paragraph 0105, .0106, .0109, .01011, .01012, .01013, .01014 or
.01016 of subsection .010 of this section shall be an infraction punishable in accordance with
applicable provisions of the California Penal Code and the California Government Code; provided,
however, this subsection .030 shall not apply to any act of vandalism punishable in accordance with
Section 594 of the California Penal Code, or any successor provision thereto."
SECTION 6.
That Section 4.04.180 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"4.04.180 SIGNS AND BANNERS OVER PUBLIC PLACES PROHIBITED.
.010 It shall be unlawful for any person, firm or corporation to erect, construct, suspend
or maintain, or to cause to be erected, constructed, suspended or maintained, any sign, advertising
structure or banner across or over any public sidewalk, street, alley or any other public property
except as otherwise expressly authorized in this Code. Nothing contained in this section shall be
deemed or construed as applying to any sign, advertising structure or banner erected, constructed,
suspended or maintained by the City of Anaheim for public purposes as approved by the City
Council of the City of Anaheim.
2
.020 The first violation of subsection .010 of this section by any person shall be punishable
as an infraction in accordance with applicable provisions of the California Penal Code and the
California Government Code. The second and all subsequent violations of said subsection .010
committed by such person shall be punishable as a misdemeanor."
SECTION 7.
That Section 4.04.200 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"4.04.200 ADVERTISING STRUCTURES IN PUBLIC PLACES — MUST CONFORM TO
THIS CHAPTER.
.010 It shall be unlawful for any person, firm or corporation to erect or construct, or to
cause or permit to be erected or constructed or maintained, any advertising structures or sign devices
upon any public sidewalk, street, alley or other public place except as provided herein.
.020 The first violation of subsection .010 of this section by any person shall be punishable
as an infraction in accordance with applicable provisions of the California Penal Code and the
California Government Code. The second and all subsequent violations of said subsection .010
committed by such person shall be punishable as a misdemeanor."
SECTION 8.
That Section 4.10.010 of Chapter 4.10 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"4.10.010 VENDING PROHIBITED IN DESIGNATED AREAS.
.010 Notwithstanding any ordinance to the contrary, it is unlawful for any person to sell
or offer for sale, or rent or offer for rent, any goods, wares, merchandise, foodstuffs, refreshments
or other kinds of property or services on the following designated public streets and sidewalks within
the City of Anaheim:
Boulevard.
.0101 Ball Road, from the west side of Walnut Street to Palm Street east of Harbor
.0102 Disney Way, from Harbor Boulevard to the east side of Clementine Street.
.0103 Katella Avenue, from Walnut Street to the east side of Clementine Street,
except for the south side of Katella Avenue between Walnut Street and West Street.
3
.0104 Convention Center Drive, from Katella Avenue to the south side of
Convention Way.
.0105 Convention Way, from West Street/ Disneyland Drive to the east side of
Harbor Boulevard.
.0106 Convention Center Walkway, from Katella Avenue to the south side of
Convention Way.
.0107 West Street/Disneyland Drive, from Cerritos Avenue to the south side of
Katella Avenue.
0108 Harbor Boulevard, from Ball Road, to the south side of Convention Way.
.0109 Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor
Boulevard.
.020 The first violation of subsection .010 of this section by any person shall be punishable
as an infraction in accordance with applicable provisions of the California Penal Code and the
California Government Code. The second and all subsequent violations of said subsection .010
committed by such person shall be punishable as a misdemeanor."
SECTION 9.
That Section 6.70.020 of Chapter 6.70 of Title 6 of the Anaheim Municipal Code be,
and the same is hereby, amended to read as follows:
"6.70.020 VIOLATIONS AND PENALTIES.
The first violation of this chapter by any person shall be punishable as an infraction in
accordance with applicable provisions of the California Penal Code and the California Government
Code. The second and all subsequent violations of said chapter committed by such person shall be
punishable as a misdemeanor."
SECTION 10.
That Section 1 l .04.110 of Chapter 11.04 of Title 11 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"11.04.110 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 chapter. Except as otherwise expressly provided herein,
4
any person, firm or corporation violating any provision of this chapter 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 or by imprisonment not exceeding six months,
or by both such fine and imprisonment. Notwithstanding the foregoing sentence, the first violation
of Section 11.04. 100 committed by any person (other than an act of vandalism which is punishable
by Section 594 of the California Penal Code or any successor provision thereto) shall be punishable
as an infraction in accordance with applicable provisions of the California Penal Code and the
California Government Code. The second and all subsequent violations of said Section 11.04. 100
committed by such person shall be punishable as a misdemeanor. 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 chapter is committed, continued or permitted by such
person, firm or corporation, and shall be punishable therefor as provided for in this chapter."
4F.CTION 1 1
That Section 11.08.030 of Chapter 11.08 of Title 11 of the Anaheim Municipal Code
be, and the same is hereby, amended in its entirety to read as follows:
"11.08.030 PROHIBITION OF ALCOHOLIC BEVERAGES DURING CERTAIN EVENTS,
OR IN CERTAIN AREAS, OR AT CERTAIN TIMES, IN ANAHEIM STADIUM,
ANAHEIM ARENA, OR THE ANAHEIM CONVENTION CENTER.
.010 It shall be unlawful for any person to possess or consume any alcoholic beverage
within Anaheim Stadium, Anaheim Arena, or the Anaheim Convention Center during any event, or
in any area, or at any time, when signs have been posted within such facility by the City of Anaheim,
its lessee, tenant or contractor, prohibiting the possession or consumption of alcoholic beverages
during such event, or in such area, or at such time.
020 The terms `Anaheim Stadium', `Anaheim Arena', and `Anaheim Convention Center'
as used in subsection .010 above shall have the same respective meanings as ascribed to such terms
in Section 1 l .04.005 of this Code.
.030 Any violation of any provision of this section shall be an infraction punishable in
accordance with applicable provisions of the California Penal Code and California Government
Code."
SPCTION 12
That Section 14.28.040 of Chapter 14.28 of Title 14 of the Anaheim Municipal Code
be, and the same is hereby, amended in its entirety to read as follows:
"14.28.040 SKATEBOARDING ON ROADWAY OR SIDEWALKS --WHERE PROHIBITED.
.010 It shall be unlawful for any person to go upon any roadway while riding upon or
propelling a skateboard, coaster, non -motorized scooter, or other similar device. Any violation of
this provision shall be punishable as an infraction.
.020 It shall be unlawful for any person to go upon any sidewalk while riding upon or
propelling a skateboard, coaster, non -motorized scooter, or other similar device in any business
district as defined in the California Vehicle Code where signs are posted or otherwise displayed as
authorized by the Chief of Police and Traffic and Transportation Manager, or their respective
representatives, giving notice of such prohibition. Any violation of this provision shall be
punishable as an infraction."
SECTION 13.
That new subsection .050 be, and the same is hereby, added to Section 18.38.210 of
Chapter 18.38.2 10 of Title 18 of the Anaheim Municipal Code, to read as follows:
".050 Notwithstanding any other provision of this Code, the first violation of any provision
of Section 18.38.210 by any person shall be punishable as an infraction in accordance with
applicable provisions of the California Penal Code and the California Government Code. The
second and all subsequent violations of said section committed by such person, whether such
violation is of the same or a different provision of said section, shall be punishable as a
misdemeanor."
SECTION 14.
That Section 4.12.050 of Chapter 4.12 of Title 4 of the Anaheim Municipal Code be,
and the same is hereby, repealed.
SECTION 15.
That Section 7.16.030 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code be,
and the same is hereby, amended in its entirety, to read as follows:
"7.16.030 POSSESSION OF CONTAINERS RESTRICTED.
.010 It is unlawful for any person to bring, carry, transport into or possess any bottle, can,
flask, thermos, ice, glass, plastic or similar substance or any other type of container, regardless of
composition which is designed to contain liquid and is capable of being closed, sealed or capped by
affixing a lid or cap to prevent liquid from being poured, spilled or otherwise escaping, within any
stadium, exhibition hall, arena or convention center owned or operated by the City of Anaheim;
6
provided, however, this provision shall not apply to any person who has received permission from
the City of Anaheim, or an authorized representative of the lessee or general manager of the facility,
to do so, or to any concessionaire lawfully doing business in any such place, or to any person
possessing a container obtained from such concessionaire.
020 Violation of this section is an infraction."
SECTION 16.
That Chapter 5.04 of Title 5 of the Anaheim Municipal Code be, and the same is
hereby, repealed.
SECTION 17. 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 18. 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, such invalidity shall not affect the validity or enforcement of the remaining portions of this
ordinance; it being the intent of the Council that it would have passed all other portions of this
ordinance, independent of the elimination of any such portion as may be declared invalid.
H
H
H
7
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 13thday of July , 2004, and thereafter passed and
adopted at a regular meeting of said City Council held on the 27th day of T,,1 v
2004, by the following roll call vote:
AYES: Council Members
NOES: none
ABSENT: Mayor Pringle
ABSTAIN: none
Chavez, Tait, McCracken, Hernandez
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
54501.2
8
CITY OF ANAHEIM
By
MAYOR OF THL CITY FAHEIM
Pro Tem
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,1)
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 entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
August 5, 2004
"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 Santa Ana, Orange County,
California, on
Date: August 5, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for 1" r`--, I'l—1 , 17;1;-. Q-_
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 5929 i
AN ORDINANCE OF THE CITY OF ANAHEIM AME
VARIOUS PROVISIONS OF THE ANAHEIM MUNI
CODE TO REDUCE CERTAIN COME VIOI:ATIONS
MISOEIt�ll m m iNFRAc 8 AND AMEN
CEEAAiiAIN OTHER PROVISIONS OF THE
This ordinance makes the following changes to the Ana-
heim Mural Code (paragraph numbers below corre-
spond to section numbers in proposed ordinance):
Proof of Publicati, 1. Amend paragraph .0104 of subsection .010 of Section
1.16.030 to remove criminal sanctions for 'disturbanlla' of
trees, shrubs, plants and racks on ter�pIf courses; reword
and retain n on dshc sment p opsrty, moue cur-
rent prohibition on remawkg or demagung of low-
ers to paragraph .0105 and reduoa to an infractlan.
2. Amend paregreph .0105 of subsection .010 of Section
1.16.030 to educe sanctwrre for damage, Injury or removal
of tree limbs, grass or flowers on city golf courses ttom a
misdemeanor to an infraction; except damages which Occur
in the normal and customary play of the game of golf.
3-5. Amend paragraph .0106 of, and add new paroWaph
.01016 to, subsection .010 of Section 1.16.030 to r#d uce
sanctions for swimming, bathing or wading in any fountain,
pond, lake or stream on a city golf course from a Whode-
meanor to on infraction.
6. Amend Section 4.04.180, which prohibits signs and ban-
ners across any public sidewa k, street, alley or other Public
Property, to reduce sanction fa first crkNn nel violation a
mtsdemeana to an infraction.
7. Amend Section 4.04.200, which prohibits advertising
structures and devices upon any public sidewalk, street, al-
ley or other public prop, to reduce sanction for first crimi-
nal erty
violation from a misdemeanor to an infraction.
8. Amend Section 4.10.010, which prohibits vending of
merchandise on certain public streata and sidewalk in the
Anaheim Resort Area, to reduce sanction for first criminal vi-
olation from a misdemeanor to an Infraction.
9. Amend Section 6.70.020, which provides penalties for
violations of existing sound level (noiseregulations, to re-
duce sanction for first criminal violation m a misdemean-
or to an infraction.
10. Amend Section 11.04.110, which provides penatiles for
entering a remaining upr # arty dedpnMedWells=
from a bs
tat, m reduce sanction for firet aknigo
demeanor to an infraction.
11. Amend Section 11.06.030, which prohiMPa$=or
or c ensuu�p arse alcoholic beverage in wStadium, Arhrvekn Arena, annd the ArWinim ter where ablu are ted succoon uetion, tor or to a dart .6r*al
12. AmendSection 14.26.040, W*)h prohi its roller slat-
ing, sketsb t and rk*v on
and coaster any roadwayol�rosw
s on and sitlly ss+tl to to ibit , the
Of non-motortrad 00001161a NO conalips on
sidewalk o►uty In business trlr 3W vstteb signs aha doolod
or displayed proMbtdng such ae4lvill"; reduce to
an irtfrectuon.
13. Amend SeGfion 18.36.210, vdtich regulaNm the use of
portable push alerts for corren*tW purpoese, to reduce
sanction for ileal criminal vWWM from a nr»derr4N r to
an infraction.
14. Repeal Chapter 4.12 whichpt _irhib�s the manufacture,
possession or operation d mry ptitbr►F machine.
15. Amend 7.16.030 which Prohibitstrarrspee ng or
possessi bdtie and otlrccloonlis sin
Car"t Anaheim a C re ntion ,
Career to cbrrtainers are transported 411 pca-
sassed lot on of the CW1 or the general rauinager
of the facilfty.
16. Repeal Chapter 5.04 which requires local licensing of
bicycles.
I, Shxryit Scroedar, City perk d the City of An , do
I or�1y592;1 c�rdin � a sYeltrinelr � � r
meetin�y ol ate Council of �1el tl1e
luu�n�ting CMo�un� on ti>Iti �4�
the folbwkg ds1 vote of the
AYES: Cooncq Members: McCracken, Chavez,
Hernandez, Tait
NOES: None
ABSENT: Maya Pringle
The above su rrupory is a brief ol WIZ mat
ter contained h11he text of �. 59lf9, has'
been prepared to Section 4" d 1t1a the
City of An Tho = not lsh kbe
relied on as a fa the til ordl
To obtain a capir of the full laid of qts pl con_
tad the Office of the City C2erft, 7t�eSi86,
8:00 AM and 5:1110 PM, Monday Friday. le ra
charge for the dopy.
Pubileh: Anaheim Bulletin
Au;g 5, MM -
9t Mntnw