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6128ORDINANCE NO. 6128 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.16.010.010 OF CHAPTER 7.16 OF TITLE 7 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 . That Section 7.16.010.010 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "7.16.010 CONSUMPTION OF ALCOHOLIC BEVERAGES; POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES — PLACES RESTRICTED ".010 It shall be unlawful within the City of Anaheim for any person or persons to (i) consume any alcoholic beverage, or (ii) have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or where the seal has been broken, or where the contents of such container have been partially removed while upon any public street, parkway, sidewalk, alley or public parking lot or area, or upon any private parking lot or area open to the public either with or without compensation, or upon any other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in this Code. It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while being within or upon an automobile or any other motor -driven vehicle which vehicle is upon any public parking lot or area, or which vehicle is upon any private parking lot or area open to the public either with or without compensation, or which vehicle is upon any other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 10thay of February , 200_, and thereafter passed and adopted at a regular meeting of said City Council held on the 24 day of February , 200_, by the following roll call vote: AYE: Mayor Pringle, Council Members Hernandez, sidhu, Gallaway W631000001WN ABSENT: Council Member Kring 1-110-13FRIONF7ROS 244041�40e& - MAYOR OF THE CITY M ANAHEIM ATTEST: L) �� AA046 CITY CLERK OF THE CITY 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: March 5, 2009 "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: March 5, 2009 Vignature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof 9 ORDINANCE NO. 6128 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 7.16.010.010 OF CHAPTER 7.16 OF TITLE 7 OF THE ANAHEIM MUNICIPAL; CODE RELATING TO CONSUMPTION OF ALCO- HOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE- BY ORDAINS AS FOLLOWS: SECTION 1 . That Section 7.16.010.010 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code be, and the same is hereby amended to read as follows: A7.16.010 CONSUMPTION OF ALCOHOLIC BEVER- Aassi BEVER- AGESPOSSESSION OF OPEN CON. TAINERS OF ALCOHOLIC BEVERAGES B PLACES RESTRICTED A.010 It shall be unlawful within the City of Anaheim for any person or pentons to (i) consume any alcoholic bever- aior (ii) have in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or where the seal has been broken, or where the contents of such container have been partially re- moved, except as reasonably necessary to transport such receptacle directly to and from a vehicle or a place of lawful consumption, while upon any public street, parkway, skalk,,., walk, alley or public parking lot or area, or upon any prftte parking lot or area open to the public either with or without compensation, or upon an other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in this Code. It shall be unlawful within the City of Anaheim for any person or persons to consume any alcoholic beverage while being within or upon an auto- mobile or any other motor -driven vehicle which vehicle is upon any public parking lot or area, or which vehicle is upon any private parking lot or area open to the public ei- ther with or without compensation, or which vehicle is upon any other private parking lot or area within two hundred feet of any dance hall or sex -oriented business as defined in 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 ordi- nance 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 viola- tions 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 rovmons of this ordinance, insofar as they are substantial - the same as ordinance provisions previously adopted by t e City relating to the same subject matter, shall be con- strued as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 10th day of February, 2009, and thereafter passed and adopted at a regular meeting of said City Coun- cil held on the 24th day of February, 2009, by the following roll call vote: AYE: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway NO: NONE ABSENT: Council Member Kring ABSTAIN: NONE /s/ Curt PringI MAYOR OF THE CITY OF ANAHEIM ATTEST: /s/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish• Anaheim Bulletin March 5 2009 9059657 MAR 02 2909 16:45 FR 7147962294 in 7147962294 TO 917147654105 P.03/04 ORDINANCE NO. 6128 AN ORDINANCE OF TJ -IE CITY OF ANAHEIM AMENDING SECTION 7-16.010.010 OF CHAPTER 7.16 CODE RELATING TTLE 7 O GZNSu PTHE TION OF ALCO- HOLIC LCO HOLIC SEVERAGE$ THE CITY COUNCIL OF THE CITY OF ANAHEIM HEF1E- BY ORDAINS AS FOLLOWS: SECTION 1 , That Section 7.16.010-010 of Chapter 7,i6 of Title 7 of the Anaheim Municipal Code be, and the same Is hereby, amended to read as follows: A7.16.010 CONSUMPTION OF ALCOHOLIC BEVER- ^GES; POssESWOM OF OPFN CON- TAINERS OF ALCOHOLIC BF-WIMAGES a pLACEs RESTRICTED A-610 It shall be unlawful within the City of Anaheim for any person or persons to (1) .cbnsurne any alcoholic bever- ade, or (nl have In his or her possession any bottle, can or other receptacle containing anv alcoholic beverage which has been opened, or where the seal has been broken, or where the contents of such container have been partially re- moved, except as reasonably necessary to transport such receptacle directly to and from a vehicle or a piece of lawful consumption, while -upon any public street, parkway, side- walk, alley or public parking lot or area, or upon any private parking lot or area open to the public either with or without compensation, or upon any other private parking lot or area within two hundred feet of anv dance hall or sex -oriented business as defined in this Code, It shell be unlawful within the City of Anaheim for any person or parsons to consume any alcoholic beverage while being within or upon an auto• mobile or any ether motor -driven vehicle which vehicle is upon any public parking lot or area, or which vehicle is upon any private parking lot or area open to the public ei- ther with Or without compensation, or which vehicle is upon any other private oarktna lot or area within two hundred feet Of anv dance hall or sex -oriented business as defined in this Code_' SECTION 2. SEVERABILITY The City Council of the City of Anahalm hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared ouncil that ityreason wou d have passedbe ailthere Intent portions of this ordi- nance 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 tho prosecution for violations of ordinances, which viola- tions 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 substantial- ly the same as ordinance provisions previously adopted by the City relating to the same sublect matter, shall be con- strued as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was Introduced at a regular meeting of the City Council of the City of Anahaim held on the loth day of February, 2009, and thereafter passed held ondthe 24th adopted v of February, 20ular 09, by the of said ol Coun- low np roll call vote; AYEi Mavor Pringle, Council Members Hernandez. Sidhu. Galloway NO: NONE ABSENT: Council Member Krina ABSTAIN: NONE /s/ Curt Prinqle MAYOR QFf THE CITY OF ANAHEIM ATTEST: Is/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM PubllshrAnaheim Bulletin March 5. 2009 9059657