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6124ORDINANCE NO. 6124 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.29.110 OF CHAPTER 4.29 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO MASSAGE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That paragraph .0104 of subsection .010 of Section 4.29.110 of Chapter 4.29 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: ".0104 Restroom Facilities. A minimum of one (1) toilet and one (1) separate wash basin shall be provided for patrons in each massage establishment, which basin shall provide soap and hot running water at all times and shall be located within close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom handwash sink. No bar soap shall be used. A trash receptacle shall be provided in each restroom. No bathtubs shall be allowed." 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. SECTION 4. PENALTY. It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any requirement 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 for a period not exceeding six 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 therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 3rd day of November , 2008, and thereafter passed and adopted at a regular meeting of said City Council held on the 18th day of November , 2008, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Galloway, Kring NOES: NONE ABSENT: Council Member Sidhu ABSTAIN: NONE CITY NAHEIM By AYOR OF TH CIT OF ANAHEIM ATTEST: U L10 CITY CLERK OF THE CITY O ANAHEIM 71029.2 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. r:+ 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: November 27, 2008 "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: November 27, 2008 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of ORDINANCE NO. 8124 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.29110 OF CHAPTER 429 QF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE,RELATING To MASSAGE ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. - Thal paragrap moa of subsection .l)10 of Section 4.29.110 of Cha pler 4:29 of Tide 4 of the Anahaxn Municipal Code be, and the same is hereby, emended in its entirety to read as follows:' 0104 Restrom oFacilities. A minimum of one (1) toilet and one 0) separate wash be- am shad be provided for paVons in each massage establishment, which basin shall provide soap and hot running wader at all *nee and shall be located within doseto the area devoted to the perfonrdng of massage services. A permanently soap dis- penser, god with soap, and a single service towel disperser shall be provided at the rest- room handwash sack. No bar shall be used. A trash receptacle =provided provided in each restroom. No b shelf allowed. - SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any sectlori,laubsec- tion, Paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalki ter the And �' =court of competent Jurbdktlbn, it is the intent of the City Council that It wouldhe" adopted all other portions of this ordinance in dependent of the elimination. herefrorn 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 a shad in any mannerffect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any Ii - cerise or penalty or the pend 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 to the sauna subject matter. shad be construed as restatemenb aid continuations, and not as new enactrnerMs. SECTION 4. PENALTY. it shad be unlawful for any person. Amn or corporation to violate any provision or to fail to comply with any requirement of this ordinance. Any Pte, firm or corporation violating any provsion of this ordmaree or fading to comppllyv wdtu arty of ib requrer. anti be deemed 9u�y of a msderne nor andupon conva' 'Iheiecf = be punished by a fine not exceeding One Thousand Dollars (51,000.00) or by imprisonment for a period not ex- ceeding six months, or by both, such daimmes ant irnprisordnent. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day du ''ng any portion of whirra�Y violation of any of the provisions of this ordinance Is committed. continued or parmitted by such person, firm or corporation, and shell be Punishable therefore as provid- ad for in fhb ordinance. -y Novanber, 2ooa, lar the >bl�rt9 roe. oar v AYES: Mayor Pringle, Counci.Members Hernandez, Galloway, Wing NOES: NONE ABSENT: Council Member Sidhu ABSTAIN: NONE Crr v elF ANAHRM - BY MAYOR OF THE CITY OF ANAHEIM ATTEST: Linda Andal CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin November27, 2008 9m7052