5750ORDINANCE NO. 5750
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING CHAPTER 4.10 TO TITLE 4 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO COMMERCIAL
SOLICITATION IN THE RESORT AREA
WHEREAS, a "Pedestrian Capacity Study for the Anaheim
Resort Area" dated July 13, 2000 (hereinafter "Study"), a copy
of which is on file and available for public inspection in the
Office of the City Clerk, was prepared on behalf of the City of
Anaheim and analyzes pedestrian volume and circulation
patterns, and physical conditions throughout the
Disneyland/Convention Center Area of the Anaheim Resort Area
(hereinafter "Resort Area"); and
WHEREAS, the area encompassed by such Study is generally
coterminous with the Resort Area and is bounded on the north by
Ball Road, on the south by Orangewood Avenue, on the east by
the Santa Ana Freeway (Interstate 5) and on the west by Walnut
Street (hereinafter "Study Area"); and
WHEREAS, the Study Area is a tourist, business and
entertainment area, with many existing and proposed hotels,
currently receiving about 25 million visitors per year; and
WHEREAS, the Study analyzed pedestrian traffic volumes and
levels of service for all important walkways and crosswalks
throughout the Study Area for both the existing and future
uses; and
WHEREAS, the Study reviewed the physical characteristics
of certain streets and sidewalks within the Study Area that
currently experience high volumes of pedestrian and vehicular
traffic, which volumes are projected to increase; and
WHEREAS, the presence of vendors on streets and sidewalks
within the Study Area would obstruct such streets and
sidewalks, thereby jeopardizing the safe and convenient
circulation of the large number of pedestrians and motorists
who utilize the streets and sidewalks; and
WHEREAS, the presence of vendors on certain streets and
sidewalks within the Study Area would create unfair competition
with merchants within the Study Area; and
WHEREAS, the aesthetic quality of the Study Area would be
compromised by the presence of vendors on the streets and
sidewalks of the Study Area; and
,r,.
WHEREAS, the City has identified the need to monitor and
forecast usage of existing pedestrian walkways and to determine
whether pedestrian mobility and safety needs will be met with
increased pedestrian levels projected within the Study Area due
to planned recreation and lodging developments; and
WHEREAS, having reviewed the current and projected impact
of pedestrian and vehicular traffic on the streets and
sidewalks within the Study Area as reported in the Study, and
having considered the current and projected impact of vendor
sales on certain streets and sidewalks within the Study Area,
the City Council has determined that prohibiting vendor sales
on certain streets and sidewalks within the Study Area is
necessary to preserve and protect the safety and welfare of the
public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1: That Chapter 4.10 be, and the same is hereby,
added to Title 4 of the Anaheim Municipal Code to read as
follows:
"Chapter 4.10
CObff4ERCIAL SOLICITATION IN THE RESORT AREA
"4.10.010 Vending Prohibited in Designated Areas.
"Notwithstanding any ordinance to the contrary, it is
unlawful for any person to sell or offer for sale, or
rent or offer for rent, any goods, wares,
merchandise, foodstuffs, refreshments or other kinds
of property or services on the following designated
public streets and sidewalks within the City of
Anaheim:
(1) Ball Road, from the west side of Walnut
Street to Palm Street east of Harbor
Boulevard.
(2) Disney Way, from Harbor Boulevard to the
east side of Clementine Street.
(3) 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.
(4) Convention Center Drive, from Katella
Avenue to the south side of Convention Way.
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Ir-
(5) Convention Way, from West Street/Disneyland
Drive to the east side of Harbor Boulevard.
(6) Convention Center Walkway, from Katella
Avenue to the south side of Convention Way.
(7) West Street/Disneyland Drive, from Cerritos
Avenue to the south side of Katella Avenue.
(8) Harbor Boulevard, from Ball Road, to the
south side of Convention Way.
(9) Manchester Avenue, from Harbor Boulevard to
600 feet easterly of Harbor Boulevard.
"4.10.020 Newsracks - Exception
"The provisions of this Chapter shall not apply
to the sale or offer for sale of periodicals in any
newsracks authorized pursuant to Chapter 4.82 of this
Code."
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.
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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.
THE FOREGOING ORDINANCE is approved and adopted by
the City Council of the City of Anaheim this 19th day of December
2000.
V
MAYOR OF THE CITY 0 ANAHEIM
ATTEST:
37619.1/cflynn
El
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. 5750 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 12th day of December, 2000, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 19th day of December, 2000, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS:
NOES: MAYOR/COUNCIL MEMBERS:
ABSENT: MAYOR/COUNCIL MEMBERS
(SEAL)
Kring, Tait, McCracken, Daly
None
Feldhaus
CITY CL'�F THE CITY OF ANAHEIM