5990ORDINANCE NO. 5990
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 14.30.030 OF CHAPTER 14.30 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SOLICITATION OF
VEHICLE OCCUPANTS
WHEREAS, the City Council of the City of Anaheim has heretofore adopted Chapter 14.30 of
Title 14 of the Anaheim Municipal Code prohibiting certain activities relating to the solicitation or
attempted solicitation of employment, business or charitable contributions or alms from the occupants
of any vehicles in transit upon any public street in the City of Anaheim
WHEREAS, Section 14.30.030 of Chapter 14.30 of the Anaheim Municipal Code provides
certain exemptions to said prohibited activities; and
WHEREAS, one or more non-profit or charitable organizations have historically annually
solicited charitable contributions in a manner otherwise prohibited by Chapter 14.30 of the Anaheim
Municipal Code; and
WHEREAS, the City of Anaheim wishes to provide an exemption from such prohibition for
such organization(s) and such other non-profit or charitable organizations which meet certain conditions
and restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That new subsection .040 be, and the same is hereby, added to Section 14.30.030 of Chapter
14.30 of Title 14 of the Anaheim Municipal Code, to read as follows:
".040 Any act of soliciting or attempting to solicit contributions or alms by a bonafide
charity or non-profit corporation, organization or association, subject to compliance with
the following requirements:
.0401 Such qualified charitable or non-profit corporation, organization or
association shall obtain a certificate of exemption from the Anaheim Police
Department. Such certificate shall be issued within 72 hours following the
submittal of a written application therefor provided such application and the
proposed solicitation conforms to the following requirements:
.01 That the applicant submits proof that it is qualified by the Internal
Revenue Service as a charitable or non-profit corporation,
organization or association exempt from taxation under
applicable provisions of the Internal Revenue Code;
.02 That the application is accompanied by a plan for review and
approval by the Police Department (1) demonstrating that its
solicitors will wear distinctive and highly visible attire (such as
garments or devices containing reflective materials or composed
of vivid and highly visible colors) for the purpose of increasing
visibility of such persons to motorists; and (2) providing a plan
or methodology for minimizing interference with traffic.
.0402 All solicitation of vehicles while engaged in transit on the public streets
shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.
.0403 All solicitations by the charitable or non-profit corporation, organization
or association pursuant to such certificate of exemption shall be limited
to one (1) day per calendar year.
.0404 Not more than one charitable or non-profit corporation, organization or
association shall be scheduled at the same location on the same date."
SECTION 2. 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 3. 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 4. 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.
V
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the23rd day of August , 2005, and thereafter passed and
adopted at a regular meeting of said City Council held onl3ttday of Septembkcthe following roll call
vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
Cdi CLERK OF THE CITY OF ANAHEIM
59002.1
3
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) ss.
County of Orange )
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of the County at<)resaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
:�terk of the Anaheim Bulletin, a newspaper that
ass been adjudged to be a newspaper of general
�_irculation by the Superior Court of the County
if Orange, State of' California, on December 28,
94 1. rase No. A 21021 in and fix the Cite of
yn.thelin. County 1�f Change, State of California;
iliath,- notice, o1 which the annexed is a true
printed copy, has been published in each regular
nd ertlre issue of ;aid newspaper and not in any
>Upplement theren,ton the folloxvitlg dates. to
r
September 22, 20015
I (or dcdare) under flic penalty of
neriur- under the i; w; of the State of California
"jai dw foregoing !< true and correct
1-1,e'utt d at Sar-,ta Ina. Orange I ounty.
�31 to=Ina. ren � -
i )al= `>. ptember ? +Io,
ewe
' 1i"nature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
ORDINANCE N0. 5990
AN ORDINANCE OF THE CTY AMFpJf N 14.30.030
OF CHAPTER 14.30 OF 14 tPAL CODE
RELATING TO SOLICITATIQN VEH ICLEOMP
WHEREAS, the City Corm of the Cfi;y of Anaheim has hereYpfore adopted Chapter
14.30 of Tim 14 ofStaAnaheim Municipal Catepa certain to the
soliolWion o sotidmtion of emmpl(ft►rejM, c coigns or
alms from the occupants of any vehides m transit upon pu sbeet in the CtiY
Of
Anaheim
WHEREAS, Section 14.30.030 of Chapter 14.30 of the Anaheim Municipal Code pro-
vides certain exemptions to said prohibited aeftfies; and
WHEREAS, one o mora non profit o ctreritable oganizatNxns h" historically annual-
Iy solicited charftabls rmntrglutions to a r0arirter piherwfse prohibiad by Chapter 14.30 of
the Anaheim Municipal Code; and
WHEREAS, the City of Anaheim wishes to provide an exemption from such prohibition
for such orrgg�erniatten s) and such other non profit or charitable organizations which meet
certain conditions and restrictions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION I.
That new subsection .040 be, and the same is hereby, added to Section 14.30.030 of
Chapter 14.30 of Title 14 of the Anaheim Municipal Code, to read as follows:
" 040 Any act of soliciting or attempting to solicit contributions or alms by a
bonafide charity or non-proltt corporation, organization or assodlation, subject to
compliance w th the following requirements:
.0401 Such qualified charitable or non-profit corporation, organization or asso-
ciation shall obtain a certificate of exemption from the Anaheim Police Depart-
ment. Such certificate shed) be issued within 72 hour following the submittal
of a written application therefor provided such application and the proposed
solicitation conforms to the following requirements:
.01 That the applicant submits proof that it is qualified by the Internal
Revenue Service as a charitable or non-profit corporation, organization or
association exempt from taxation under applicable provisions of the Inter-
nal Revenue Code;
02 That the application is accompanied by a plan for review and approval
by the Police DeppeRment (1) demonstrating that its solicitors will wear dis-
tinctive and high y visible attire (such as garments or devices containing re -
If a materials o sod of vivid and highly visible colors) for the pur-
pose of increasing visiblily of such parsons to motorists; and (2) providing
a plan or methodology for minimizing interference with traffic.
.0402 All solicitation of vehicles while engaged in transit on the public streets
shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.
.0403 All solicitations by the charitable or non-profit corporation, organization
or association pursuant -to such certificate of exemption shall be limited to
one (1) day per calendar year. ,
.0404 Not more than one charitable or non-profit corporation, organization
or association shall be scheduled at the same location on the same date."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares the should an act*
sentence or word of this ordinance of the Code, hereby a be deciared for
any reason to be invalid, it is the intent of the Council that it wouldd ave passed all other
portions of this ordinance independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 7. 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 li-
cense or penalty or the paned provisions applicable to any violation thereof. The provisions
of this ordinance, Insofar as they are substantially the same as ordinance provisions previ-
ously adopted by the City relating to the same subject matter, shall be construed as re-
statements and continuations, and not as new enactments.
SECTION 4. 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 parson, firm or corporation
violating any provision of this ordinance or failing to comppl�yy with any of its requirements'
shall be deemed guilty of a misdemeanor and upon conv)clion thereof shall be punished
by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceed-
ing six (6) months, or by both such fine and imprisonment. Each such person, firm or cor-
poration 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
perm by such person, firm or corporation, and shall be punishable therefor as provid-
ed for in this ordinance.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun-
cil of the City of Anaheim held on the 23rd day of August, 2005 and thereafter passed and
adopted at a regular meeting of said City Council held on 13th day of September by the fol-
lowing roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
/s/Curt Pringle
MAYOR OF -THE CITY OF ANAHEIM
ATTEST:
/s/Sheryll Schroeder
CITY CLERK OF THE CITY OF ANAHEIM
Publish: Anaheim Bulletin September 22 2005 25-687 6811826