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6599ORDINANCE NO. 6 5 9 9 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 13.08.020 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC PARKS - PROHIBITED CONDUCT GENERALLY) WHEREAS, the City desires to keep public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City; and WHEREAS, criminal activity in, and violation of the rules applicable to, public parks and public property in Anaheim is inimical to the purposes for which such property is established and leads to public perception that such places may not be welcoming to law-abiding citizens and create a risk of harm to innocent bystanders; and WHEREAS, numerous residents of Anaheim have made complaints and expressed concerns that the public parks and public areas in Anaheim are not welcoming for their families and not accessible to them to use for their intended purpose as a result of persons violating the Anaheim Municipal Code's park rules; and WHEREAS, on October 29, 2024, the City Council adopted ordinances to address several issues impacting Anaheim's public parks, including: blocking or impeding access to public rights - of -way and facilities, preventing their intended use by the public; health hazards created by individuals smoking in or near areas frequented by children; and, the increase in criminal activity caused by the theft and resale of bikes and bike parts; and WHEREAS, it is now the desire of City Council to directly incorporate these issues into Chapter 13.08 of the Anaheim Municipal Code regarding park rules; and WHEREAS, the City Council desires to continue to protect the public health, safety and welfare by regulating conduct in public parks; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a " project', as defined in Section 15378 of the CEQA Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. TEXT OF CODIFIED ORDINANCE Section 13.08.020 of Chapter 13.08 of the Anaheim Municipal Code is hereby amended and restated to read in full as follows: "13.08.020 PROHIBITED CONDUCT GENERALLY. Within the limits of any of said parks, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, to wit: .010 To bring, leave, hitch, fasten, lead, drive or turn loose or allow to go free any animal or fowl of any kind; provided that this shall not apply to dogs held on a leash, chain or other restraint not more than six feet long, nor to dogs within a Dog Park as further defined under Chapter 13.14 hereof, nor to any horse when hitched, fastened or led within any City of Anaheim park that links with the County of Orange EMA Harbors, Beaches and Parks Master Plan of Trail Systems ("Special Use Parks"); .020 To ride or drive any horse or other animal, or to propel any vehicle, cycle or automobile; except that such prohibition shall not apply to equestrians and bicyclists (non -motorized) in Special Use Parks. .030 To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, or airguns or slingshots; .040 To cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; .050 To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer; .060 To swim, fish, bathe or wade in, or to pollute the water of any fountain, pond, lake or stream; .070 To make or kindle a fire except in picnic stoves, braziers or fire pits provided for that purpose; .080 To camp therein. "Camp" shall have the meaning set forth in Section 11.10.020 of Chapter 11.10 of Title 11 of this Code; .085 To sleep or lie down on or under a public transit/bus bench, or a bench, table, playground equipment, or similar fixture or structure, as further defined in Chapter 11.11 of this Code; .090 To cook, prepare, serve or barbecue food or food items, except at the places provided therefor; .100 To wash dishes or to empty salt water or other waste liquids elsewhere than in the sinks provided for such purposes; provided, however, that nothing contained herein shall be deemed to authorize the dumping or disposal of any waste which is otherwise prohibited by any other law; .110 To leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor; .120 To play, or engage in any game, excepting at such place as shall be especially set apart for that purpose; .130 To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming; .140 To indulge in riotous, boisterous, threatening or indecent conduct, or abusive, threatening, profane or indecent language; .150 To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; .160 To post or erect any bill, notice, paper, circular or advertising or display device of any kind, except as approved in conjunction with an event for which a permit has been approved pursuant to this chapter; .170 To sell or offer for sale any merchandise, article or thing, whatsoever, without first obtaining permission from the City Council or a permit from the Community Services Department so to do unless authorized to engage in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit issued by the City of Anaheim pursuant to Cha ter 4.52 of this Code. A Stationary Sidewalk Vendor, as that term is defined in Chapter 4.52, is prohibited from vending in a Public park that is subject to a concessions agreement that exclusively permits the sale of food or merchandise in that Public Park. .180 To practice, carry on or conduct any trade, occupation, business or profession; provided this subsection shall not apply to any activity occurring as an integral part of an event for which a permit has been approved pursuant to this chapter; .190 To remain, stay or loiter in any public park between the hours of 10:30 p.m. and 5:00 a.m. of the following day; .200 To possess or consume any alcoholic beverage in any public park, without first obtaining the permission of the City Council or a permit from the Parks, Recreation and Community Services Department. "Alcoholic beverage" is defined as any beverage defined as an "alcoholic beverage" by the Alcoholic Beverage Control Act of the State of California; .205 To smoke, as further defined in Chapter 6.30 of this Code; .210 To play or engage in the game of golf, or to hit any golf ball with a golf club; .215 To repair or sell bicycles or bicycle parts, as further defined in Chapter 11.13 of this Code. .220 A violation of subsections .030, .040, .070, .080, .130, .190, .200, .205 or .215 maybe filed as an infraction or a misdemeanor at the discretion of the City Attorney. Except as otherwise provided in the immediately preceding sentence for violations of subsections .030, .040, .070, .080, .130, .190, .200, .205 or .215 of this section, any person violating any of the other provisions of this section shall be deemed guilty of a criminal infraction and, upon conviction thereof, shall be punishable by a fine as set forth in Section 36900 of the Government Code, or any successor provision thereto. .230 A violation of subsection .170 by a person engaged in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to the issuance of citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing. Each person who violates subsection .170 shall be subject to the imposition and payment of administrative fine(s) as provided below: Number of Offenses in One -Year Period Amount of Administrative Penalty First $250.00 Second $500.00 Third $1,000.00 .240 Notwithstanding any other provision in this Code, a violation of subsection.085 may be enforced alternatively as follows: (a) A violation of this Chapter may be punishable as a misdemeanor or an infraction at the discretion of the City Attorney; or (b) The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Chapter, as provided by law. Any individual charged with violation of subsection .085, in lieu of being taken to jail, may, at the election of the citing police officer and with the consent of the individual, be taken to a facility providing social services related to mental health, housing, and/or substance abuse treatment." SECTION 2. ENVIRONMENTAL DETERMINATION The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, 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. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13 day of November , 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the 19 day of November , 2024, by the following roll call vote: AYES: Mayor Pro Tem Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: Mayor Aitken ABSTAIN: None A ��� CI LERK OF THE CITY OF ANAHEIM 153574/bmorley CITY OF ANAHEIM By: MAYOR OF THE Cl*OF A AHEI PRO TEM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6599 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13t' day of November, 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of November. 2024, by the following vote of the members thereof: AYES: Mayor Pro Tern Kurtz and Council Members Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: Mayor Aitken ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 201 of November. 2024. CITY dLIfRK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETIN See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine , California 92614 (714) 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, 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: 1112812024 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 Anaheim, Orange County, California, on Date: Nov 28, 2024. ORD-6599 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6599 AN ORDINANCE OF THE CITY COUNCI L OF THE CITY OF ANAHEIM AMENDING SECTION 13.08.020 OF CHAPTER 13.08OF TITLE 13OF THE ANAHEIM MUNICIPAL CODE (PUBLIC PARKS- PROHIBITED CONDUCT GENERALLY) This ordinance amends Section 13.08.020 of Chapter 13.08 ("Public Parks") of Title 13 (,Parks and Boulevards") of the Anaheim Municipal Code (the "Code,,) to incorporate recent revisions made to the Anaheim Municipal Code related to activities at Public Parks Including, blocking or impeding access to public rights -of -way and facilities; smoking; and, regulating the repair or sale of bikes and bike parts. I, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6599, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 13111 day of November, 2024 and was duly passed and adopted at a regular meeting of said Council on the 19th day of November, 2024 by the following roll call vote of the members thereof: AYES: Mayor Pro Tern Kurtz and Council Members Diaz, Leon, Rubalcova, Faessel and Meeks NOES: None ABSENT: Mayor Altken ABSTAIN: None The above summary Is a brief description of the subject matter contained in the text of Ordinance No. 6599 which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be relled on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. 153873/13MM Anaheim Bulletin Published: 11/28/24 ORD-6599 (5190168) Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6599 and was published in the Anaheim Bulletin on the 28t�' day of November, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. CI CLERK OF THE CITY OF ANAHEIM (SEAL)