5658ORDINANCE NO. 5658
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
CHAPTER 10.04 OF TITLE 10 OF THE ANAHEIM
MUNICIPAL CODE BY ADDING SECTION 10.04.020
DESIGNATING ALL PUBLIC LIBRARIES WITHIN ANAHEIM
AS DRUG FREE ZONES AND AMENDING SECTION
13.08.110 OF CHAPTER 13.08 OF TITLE 13 OF THE
ANAHEIM MUNICIPAL CODE DESIGNATING ALL PUBLIC
PARKS WITHIN ANAHEIM AS DRUG FREE ZONES
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS
The City Council of the City of Anaheim hereby finds and
declares as follows:
A) The sale of drugs to children is particularly deplorable
in that it is illegal, increases violent crime, fosters prejudice,
destroys young lives, and has disastrous effects on families, on
communities and, ultimately, on the future of our nation.
B) Pursuant to California Health & Safety Code Section
11380.5, the City of Anaheim adopted Ordinance No. 5591 amending
Chapter 13.08 of the Anaheim Municipal Code by adding Section
13.08.110 designating public parks as drug free zones.
C) As recently amended by Assembly Bill 2569, California
Health & Safety Code Section 11380.5 now authorizes the imposition of
enhanced sentences in the state prison for any person who is
convicted of the possession for sale or the sale of heroin, cocaine,
cocaine base, methamphetamine, or phencyclidine (PCP), if the
violation occurred upon the grounds of a public library, provided (1)
the city council having jurisdiction over the public library adopts
an ordinance designating the public library as a "drug-free zone"
pursuant to that code section, and (2) notice of the law is posted at
the public library. Assembly Bill 2569 also expands the definition
of "public park" to include a public swimming pool and public youth
center.
D) "Drug-free zones" not only result in enhanced punishment
for persons arrested and convicted of selling drugs upon the grounds
of a public park and public library, but also symbolize the City's
commitment to eliminating the use and sale of illegal drugs within
the City.
E) An amendment to the Anaheim Municipal Code is necessary
to effectuate the amendment to Health & Safety Code Section 11380.5.
SECTION 2.
That Chapter 10.04 of Title 10 of the Anaheim Municipal
Code be, and the same is hereby, amended by adding Section 10.04.020,
which section shall read as follows:
"10.04.020 DESIGNATION OF PUBLIC LIBRARIES AS DRUG-FREE
ZONES.
"All public libraries within and under the
jurisdiction of the City of Anaheim are hereby
designated "drug-free zones" within the meaning of
California Health & Safety Code Section 11380.5."
SECTION 3.
The Director of the Department of Community Services shall
cause signs to be posted at all public libraries hereby designated
"drug-free zones" providing notice of the enhanced penalties
authorized by California Health & Safety Code Section 11380.5 as
result of the designation of the public libraries as "drug-free
zones."
SECTION 4.
The Orange County Office of the District Attorney shall be
advised of the City's adoption of this Ordinance as part of its
continuing war against drugs, and encouraged to seek enhanced prison
sentences for those persons convicted of the crime of possession for
sale or the sale of the illegal drugs enumerated in California Health
& Safety Code Section 11380.5 if the violation occurred upon the
grounds of a public library in the City of Anaheim.
SECTION 5.
That Section 13.08.110 of Chapter 13.08 of Title 13 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"13.08.110 DESIGNATION OF PUBLIC PARKS AS DRUG-FREE
ZONES
010 All public parks within and under the
jurisdiction of the City of Anaheim, including
adjacent public parking lots and sidewalks, are hereby
designated "drug-free zones" within the meaning of
California Health & Safety Code Section 11380.5."
.020 For purposes of this section, "public parks"
shall include public swimming pools and public
youth centers."
IN
SECTION S. 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 6. 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 1stY of Dece ber 19M -
MAYOR OF TRY CITY F ANAHEIM
ATTE
::
CITY CLERK OR THE CITY OF ANAHEIM
Ord re Drug Free Zones - Libraries.wpd
3
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. 5658 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 17th day of November 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 1st day of December, 1998, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5658 on the 1st day of December, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 1 st day of December, 1998.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5658 and was published once in the North County News on
the 10th day of December, 1998.
CITY CLERK OF THE CITY OF ANAHEIM
PROOF 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 twenty
one 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:
December 10, 1998
"I certify (or declare) under the penalty of perjury
under the laws of the State of California that the
foregoing is true and correct":
Date December 10, 19 98
signatu
Anaheim Bulletin
1771 S. Lewis St.
Anaheim, CA 92805
(714) 634-1567
This space is for the County Clerk's Filing Stamp
A�- �0
Proof of Publication of
t?n n df this Ordlnanda
Ayes: rekthous, Rring. McCracken,T
and=
Abstain: No"
Absent:
This ordtnattbikffik
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tbn 10.04
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Drup rree oa.
If you with a rug cot- of the text of the above
Ordinance, Please CON Nie office or the C
Clerk of 76b 1,= bpf!�en 8:2
a.m. antlp rn. Monday th(}�ub►f rrtcW.
There Is no charge for the copy;
Publish: Anaheim Bulled
c22ur
01 1998
PROOF OF PUBLICATION