5732ORDINANCE NO. 5732
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION
1.01.385 TO CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO REIMBURSEMENT FOR
VANDALISM
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
FOLLOWS:
SECTION 1.
That Section 1.01.385 of Chapter 1.01 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, added, to read
as follows:
"1.01.385 COSTS OF ENFORCEMENT FOR ACTS OF VANDALISM --
REIMBURSEMENT
Upon the conviction of any person pursuant to Section
594 subsection (c)(2) of the California Penal Code for acts of
vandalism, the court may, in addition to any other punishment
imposed under subdivision (b) of that section, provided that the
court determines that the defendant has the ability to pay any
law enforcement costs not exceeding two hundred fifty ($250),
order the'ddfendant to pay all or part of the costs not to exceed
two hundred,agifty dollars ($250) incurred by the law enforcement
agency in identifying and apprehending the defendant. The law
enforcement agency shall provide evidence of, and bear the burden
of establishing the reasonable costs that it incurred in
identifying and apprehending the defendant. Law enforcement
costs authorized to be paid pursuant to this section are in
addition to any other costs incurred or recovered by the law
enforcement agency, and payment of these costs does not in any
way limit, preclude or restrict any other right, remedy, or
action otherwise available to the law enforcement agency."
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 this 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 thereof, nor be construed
as a waiver of any license or penalty or the penal provisions
applicable to any violations 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 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 13th da of June 2000.
Z?
MAYOR OF THE CITY OF AN IM
ATTEST:
CI Y CLE { OF THE CITY OF ANAHEIM
35872.1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5732 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 6th day of June, 2000, and that the same was duly passed and adopted at a
regular meeting of said City Council held on the 13th day of June, 2000, by the following vote of
the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS:
Feldhaus, Kring, Tait, McCracken, Daly
None
None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5732
on the 13th day of June, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 13th day of June, 2000.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Ordinance No. 5732 and was published once in the North County News on the
22nd day of June, 2000.
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