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6166ORDINANCE NO. 6166 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 4.10.010 OF CHAPTER 4.10 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO COMMERCIAL SOLICITATION IN THE RESORT AREA. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of 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: .010 Notwithstanding any ordinance to the contrary, it is unlawful for any person to: (i) permit to remain, or hereafter erect or place any permanent or temporary apparatus, structure, device, object or thing including, but not limited to, furniture, equipment, tent, stand, stall, booth, showcase, vending machine, post, pole, board, frame, table, bench, booth, chair, rack, pushcart, barrel, box, ware, good, merchandise, brick, stone, lumber or any other similar apparatus, structure, device, object or thing of any kind or description, other than a newsrack subject to the provisions of Chapter 4.82 (Newsracks on Public Rights -of -Way); (ii) sell or offer for sale, rent or offer for rent, or giveaway or offer to giveaway, any goods, wares, merchandise, product samples, foodstuffs, refreshments or other kinds of property or services, or (iii) hold, conduct or engage in any street performance or act including, but not limited to, playing musical instruments, singing, dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating visual art, on the following designated public streets and sidewalks within the City of Anaheim: .0101 Ball Road, from the west side of Walnut Street to Palm Street east of Harbor Boulevard. .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. .0104 Convention Center Drive/Convention Center Walkway, from Katella Avenue to the south side of Convention Way. .0105 Convention Way, from West Street to the east side of Harbor Boulevard. 1 .0106 West Street/Disneyland Drive, from Magic Way to the south side of Katella Avenue. 0107 Harbor Boulevard, from Ball Road, to the south side of Convention Way. .0108 Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor Boulevard. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted 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. NA THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 9th day of march , 2010, and thereafter passed and adopted at a regular meeting of said City Council held on the 23rd day of March , 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF AN EIM By: 4 MAYOR OF THE C ATTEST: JQJ, A4,010 CITY CLERK OF THE &Y OF ANAHEIM 75839.v1/Wordon 3 OF 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 entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: April 1, 2010 "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: April 1, 2010 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of ORDINANCE NO.6166 AN ORDINANCE OF THE CITY OF ANAHEIM -AMENDING SUBSECTION 010 OF SECTION 4.10.010 OF CHAPTER 4.10 OF�T(frrLE 4 OF THE ANA - HEI M MUNICIPAL CODE RELATING TO COMMERCl/tL SOLICITATION IN THE RESORT AREA. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY,ORDAIN AS FOL- LOWS: SECTION 1. That subsection .010 of Section 4.10:010 of Chapter 4.10 of Title 4 of the Anaheim Mu- nicipal Code be, and the same is hereby, amended to read as follows: .OIONotwRhstanding any ordinance to the contrary, it is unlawful for any person to, (i) permit to remain, or hereafter erect or pfaoe permanent or temporary apparatus, struc- ture, device, object or thing including, but not imited to, furniture, .Vu' t tent, stand, stall, booth, showcase, vending machine, post, pole, board, frame, to Is, s, bench, booth, chair, rack, pushcart, barrel, box, ware, good, merchandise, brick, stone, lumber or any other similar apparatus, structure, device,'ob'�ct or thing of any kind or description, other than a newsrack subject to the provislons_of at 4.82 (Newsracks on Pubs. Rights -et - Way); (ii) sell or offer for sale, rent or offer for rent, or ggiivveaway or offer to giveaway, any goods, wares, merchandise, product sampke , foodstuffs, Rights-of- way or other kinds of property or services, or (iii) hold, conduct or engage in any street performance or act in- cluding: but not limited to, playing musical instruments, singing, dancing, acting, pantomnmin , puppeteering. �-uggimg, reciting', or creating visual art, on the following des- ignated public streets and sidewalks within the City of Anaheim: 0101 Ball Road, from the west side of Walnut Street to Palm Street east of Harbor, Boule- vard. .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. .0104 Convention Center Drive/Convention Comer Walkway, from Katella Avenue to the south side of Convention Way. .0105 Convention Way, from West Street to the east side of Harbor Boulevard. - .0106 West Street/Disneyland Drive, from Magic Way to the south side of Katella Avenue .0107 Harbor Boulevard, from Ball Road, to the south side of Convention Way. .0108 Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor Boule- vard. SECTION 2. SEVERABILITY. The City Council at the City of Anaheim hereby declares that should any section, sub- section, paragraph, sentence, clause or word of this ordinance hereby adopted be de- clared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordi- nance independent of the elimination herefrom of any such portion as may be declared in- valid. 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 li- cense or enehy or the penal provisions applicabje to any violation thereof. The provisions of this ordinance, insofar as they, are substantially the samegaordinance provisions previ- ously 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 was introduced at a repu�a" meeting of the City Coun- cil of the City of Anaheim held on the 9th day of March, 201,0, and thereafter. passed and adopted at a regular meeting of said City Council held on the 23rd day of March, 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: /s/ Cur! Pringlo MAYOR OF THE CITY OF ANAHEIM ,n dfMY ' Rk OF THE /k7Y OF ANAHEIM Arialiif�nA�rirt.'2010822t69D _