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6138ORDINANCE NO. 6138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RENAMING ANAHEIM MUNICIPAL CODE, CHAPTER 10.18 BY ADOPTING WATER REDUCTION PROVISIONS APPLICABLE TO REDUCING WATER USAGE. WHEREAS, in 1991 the State of California ("California") was in the fifth year of a drought, with precipitation significantly below normal, and the Metropolitan Water District of Southern California ("MWD") had implemented a mandatory reduction program for its member agencies, including the City of Anaheim; and WHEREAS, on February 26, 1991, the City Council of the City of Anaheim ("Anaheim") enacted Chapter 10.18 to Title 10 of the Anaheim Municipal Code relating to water shortages; and WHEREAS, on March 19, 1991, the City Council adopted Resolution No. 91R-65 to implement Water Shortage Plan II and a schedule of penalties upon finding the existence of a Water Shortage; and WHEREAS, on April 7, 1992, the City Council adopted Resolution No. 92R-65 to discontinue Water Shortage Plan II, and ordered the implementation of Water Shortage Plan I and the reduction of Anaheim's water conservation target upon MWD reducing its mandatory cutbacks of water supply deliveries to its member agencies, including Anaheim; WHEREAS, in the recognition of the water shortage conditions during the drought of 1987 - 1991, California, the region, and Anaheim focused on reducing indoor household water usage; WHEREAS, Anaheim has had an aggressive water conservation program since the early 1990s and as a reflection of Anaheim's success, its water demand has only increased by seven percent (7%) despite a population increase of thirty-six percent (36%) over the past 20 years; and WHEREAS, water conservation continues to be critically important to Anaheim, California, and the region; and WHEREAS, presently California is in the third year of a drought, with below-average rainfall, very low snowmelt runoff, and the largest court-ordered water transfer restrictions in California state history; and WHEREAS, on June 4, 2008, Governor Arnold Schwarzenegger proclaimed a statewide drought and issued an Executive Order calling upon water providers to take action to reduce water consumption for the remainder of 2008 and to prepare for water conditions that could likely worsen in 2009; and 1 WHEREAS, on June 10, 2008, the MWD Board of Directors declared a Water Supply Alert for its six -county service area and 26 member agencies, including Anaheim, to help sustain reserves and to urge all water agencies in the region to activate and enforce their existing conservation and drought ordinances, accelerate public outreach, and further develop local supplies; and WHEREAS, the Water Supply Alert is the level immediately preceding the Water Supply Allocation level upon which MWD will cut water supplies to its member agencies, including Anaheim; and WHEREAS, on September 16, 2008, the City Council adopted Resolution No. 2008-154 to implement Voluntary Water Conservation Measures to encourage all Anaheim water customers and consumers to reduce water usage; and WHEREAS, as a result of the 1987-1991 drought, California, the region, and Anaheim focused on reducing indoor household water consumption with a majority of indoor household water conservation being realized, the focus now is on implementing outdoor landscape and irrigation efficiency and outreach programs which affords the greatest opportunity for significant water savings; and WHEREAS, as of July 1, 2008 through February 28, 2009, Anaheim's ongoing implementation of conservation and outreach programs have resulted in water savings of approximately four percent (4%) or approximately 650 million gallons throughout Anaheim; and WHEREAS, on February 27, 2009, Governor Arnold Schwarzenegger declared a statewide drought emergency urging cities to reduce their water usage by twenty percent (20%) and streamline water projects that could boost water supply from emerging alternatives such as desalination and recycling; and WHEREAS, with the worsening water supply situation, Anaheim's current conservation achievements may not be enough if MWD rations Anaheim's imported supplies; and WHEREAS, there is the likely potential for supply cutbacks from MWD to its member agencies, including Anaheim, as early as July 1, 2009; and WHEREAS, current water supply conditions require short and long-term strategies to sustain a reliable supply of water to meet current and future water demands. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 10.18 of Title 10 of the Anaheim Municipal Code, is and shall be renamed and amended in its entirety to read as follows: 2 Chapter 10. 18 - WATER REDUCTION PROVISIONS Sections: 10.18.010 Policy and purpose. 10. 18.020 Definitions. 10.18.030 Authorization. 10. 18.040 Application. 10.18.050 Water Reduction Plan Implementation. 10. 18.060 Water Reduction Plan I. 10.18.070 Water Reduction Plan II. 10.18.080 Water Reduction Plan III. 10. 18.090 Additional Water Reduction Measures. 10.18.100 Reservation of Rights. 10.18.010 POLICY AND PURPOSE. It is declared that because of prevailing water supply conditions the general welfare requires that the water resources available to the City be put to the maximum beneficial use possible, and that the waste or unreasonable use or unreasonable method of use of water be minimized, and the conservation of such water be exercised with a view to the reasonable and beneficial use thereof in the interest of the people of the City for the public welfare. The purpose of this chapter is to provide water reduction procedures to minimize the effect of a water reduction to the Customers of the City and, by means of this chapter, to adopt provisions that will significantly reduce the consumption of water thereby extending the available water required for the Customers of the City while reducing the hardship on the City and the general public to the greatest extent possible. 10.18.020 DEFINITIONS. As used in this chapter: .010 "Billing Unit" means the unit amount of water used to apply water rates for the purposes of calculating commodity charges for Customer water usage and equals one hundred cubic feet or seven hundred forty-eight gallons of water. .020 "Catastrophic Water Reduction" means a condition in which the existing or projected water supply available to the City is not anticipated to or actually does not meet the ordinary water requirements of the Department or its Customers. This condition may be the result of 3 factors including, but not limited to, supply cuts to the City's source water from the Metropolitan Water District of Southern California ("MWD") or by any other wholesale water purveyors, groundwater restrictions, emergency conditions, and/or failure of the City's or its supplier's water transmission and distribution systems. .030 "City" means the City of Anaheim located in California. .040 "City Council" means the legislative body of the City. .050 "Customer" or "Consumer" means any person, persons, association, partnership, corporation, governmental agency or other entity supplied and billed for water service by the Department. .060 "Department" means the Public Utilities Department of the City. .070 "General Manager" means the General Manager of the Department or his or her designee. .080 "Water Conservation Fund" means a revenue balancing account setup to receive those monies which may be generated by Water Reduction Rates. .090 "Water Reduction Plan" means a plan that is implemented by resolution specifying water use reduction measures that permit the Department to prudently plan for and supply water to its Customers. .100 "Water Reduction Rates" means a rate revision designed to provide indoor, health and safety water service with consumption above such level priced at an incrementally increasing cost per Billing Unit that is designed, but not limited to, recovering penalties assessed by the Metropolitan Water District of Southern California for exceeding the City's respective allocations. 10.18.030 AUTHORIZATION. The various officers, departments, commissions, and agencies of the City are authorized and directed to implement the applicable provisions of this chapter upon the effective date hereof. 10.18.040 APPLICATION. The provisions of this chapter shall apply to all Customers and property served water by the Department wherever situated, and shall also apply to all property and facilities owned, maintained, operated, or under the jurisdiction of the various officers, departments, commissions, and agencies of the City. The provisions of this chapter are in addition to, and not in lieu of, the provisions of Section 10.16.380 of this Code relating to curtailed supply of electricity or water. 0 10.18.050 WATER REDUCTION PLAN IMPLEMENTATION. The Department shall monitor and evaluate the projected supply and demand for water by its Customers. The Department shall recommend to the City Council such Water Reduction Plan(s) as provided in this chapter which permit the Department to prudently plan for and supply water to its Customers. The City Council may, by resolution, order implementation of such Water Reduction Plan(s) as provided in this chapter which it deems appropriate. At any time, the City Council may discontinue any Plan, modify any Plan, or may implement another Plan as provided in this chapter. Upon a finding by the City Council, any Water Reduction Plan then in effect shall terminate. 10.18.060 WATER REDUCTION PLAN I. Upon the adoption of a resolution by the City Council ordering the implementation of Water Reduction Plan I, the following provisions shall take effect: .010 All. persons and Customers of the Department shall be encouraged to reduce water usage on a voluntary basis. .020 City Council may, by resolution, identify specific or example water conservation measures which it deems appropriate to address the potential reduction in water supplies. Conservation measures may include some or all of the following measures or others as deemed appropriate by City Council: .001 Refrain from hosing or washing sidewalks, walkways, driveways, parking areas or other paved surfaces, except where necessary to protect public health and safety; .002 Promptly repair all leaks from indoor and outdoor plumbing fixtures, including but not limited to sprinkler systems; .003 Refrain from allowing water to runoff landscaped areas onto adjoining streets, sidewalks, parking lots, or alleys; .004 Refrain from allowing water to run off onto adjoining streets, sidewalks, parking lots, or alleys while washing vehicles; .005 Adjust landscape watering according to weather conditions to avoid excess usage; preferably limit watering to no more than every other day. There shall be no watering days restriction when using reclaimed or other non -potable water, provided that proper signage is posted; .006 Limit landscape watering between the hours of nine a.m. and five p.m.; and .007 Offer guests in hotels, motels, and other commercial lodging establishments the option of not laundering towels and linens daily. 5 10.18.070 WATER REDUCTION PLAN II. In addition to those measures implemented as part of Water Reduction Plan I, the City Council may, by resolution, order the implementation of or amendment to the Water Reduction Rates, to encourage reduction in water usage. Such Water Reduction Rates shall be prorated if adopted after the commencement of a full billing period. 10.18.080 WATER REDUCTION PLAN III. In the event of a Catastrophic Water Reduction condition, the following provisions may be implemented, as appropriate, by City Council upon the adoption of a resolution: .010 Water Reduction Rates may continue as set forth in Water Reduction Plan Il or be implemented as needed to provide the price signals to Customers to achieve reduction in water usage. .020 The Department may recommend to the City Council the adoption of mandatory conservation measures. The City Council, by resolution, may adopt such other or additional mandatory conservation measures as necessitated by the Catastrophic Water Reduction condition which shall be prohibited water uses and unlawful during a Water Reduction Plan III. .030 The Department is authorized to shut off water supply to dedicated irrigation uses, if the Department determines that the City's water supplies are being diverted by irrigation water demands such that it impacts public health and safety, or essential governmental services such as fire, police, and emergency services. 10.18.090 ADDITIONAL WATER REDUCTION MEASURES. The City Council may order implementation of other water reduction measures in addition to those set forth in Sections 10.18.060, 10.18.070 and 10.18.080, and may eliminate or modify any measures if warranted by the availability of water supplies. Such changes to or additional water reduction measures shall be implemented in the manner provided in this chapter under Section 10.18.050, Water Reduction Plan Implementation. 10.18.100 RESERVATION OF RIGHTS. The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service. SECTION 2: Savings Clause Neither the adoption of this ordinance or amendment of any other ordinance of the City of Anaheim 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 tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of 3 this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City of Anaheim relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 3: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Anaheim hereby declares that it would have adopted this ordinance and each remaining section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions have been declared invalid or unconstitutional. SECTION 4: Effective Date This ordinance shall take effect thirty (30) days from and after its enactment. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 31 stday of March , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April 2009, by the following roll call vote: AYES: COUNCIL MEMBERS: Mayor Pringle, Council Members Hernandez, Sidhu Galloway, Kring NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ATTEST: CITY CLERK OF THE CITY OFA AHEIM 72382.3 7 CITY O NAHEIM MAYOR OF THE CffY OIJANAHEIM 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: April 23, 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: April 23, 2009 Tgnature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 6138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMEND- ING AND RENAMING ANAHEIM MUNICIPAL CODE, CHAPTER 10.18 BY ADOPT- ING WATER REDUCTION PROVISIONS APPLICABLE TO REDUCING WATER USAGE. WHEREAS, in 1991 the State of California (ACalifornia@) was in the fifth year of a drought, with precipitation significantly below normal, and the Metropolitan Water District of Southern California (AMWD@) had implemented a mandatory reduction program for its member agencies, including the City of Anaheim; and WHEREAS, on February 26, 1991, the City Council of the City of Anaheim (AAnaheim@) enacted Chapter 10.18 to Title 10 of the Anaheim Municipal Code relating to water shortages; and WHEREAS, on March 19, 1991, the City Council adopted Resolution No. 91R 65 to im- plement Water Shortage Plan II and a schedule of penalties upon finding the existence of a Water Shortage; and WHEREAS, on April 7,1992, the City Council adopted Resolution No. 92R 65 to discon- tinue Water Shortage Plan 11, and ordered the implementation of Water Shortage Plan I and the reduction of Anaheim=s water conservation target upon MWD reducing its mandatory cutbacks of water supply deliveries to its member agencies, including Anaheim; and WHEREAS, in the recognition of the water shortage conditions during the drought of 1987 1991, California, the region, and Anaheim focused on reducing indoor household wa- ter usage; and WHEREAS, Anaheim has had an aggressive water conservation program since the ear- ly 1990s and as a reflection of Anaheim=s success, its water demand has only increased by seven percent (7%) despite a population increase of thirty six percent (36%) over the past 20 years; and WHEREAS, water conservation continues to be critically important to Anaheim, Califor- nia, and the region; and WHEREAS, presently California is in the third year of a drought, with below average rainfall, very low snowmeft runoff, and the largest court ordered water transfer restrictions in California state history; and WHEREAS, on June 4, 2008, Governor Arnold Schwarzenegger proclaimed a state- wide drought and issued an Executive Order calling upon water providers to take action to reduce water consumption for the remainder of 2008 and to prepare for water conditions that could likely worsen in 2009; and WHEREAS, on June 10, 2008, the MWD Board of Directors declared a Water Supply Alert for its six county service area and 26 member agencies, including Anaheim, to help sustain reserves and to urge all water agencies in the region to activate and enforce their existing conservation and drought ordinances, accelerate public outreach, and further de- velop lo6al supplies; and WHEREAS, the Water Supply Alert is the level immediately preceding the Water Sufply Allocation level upon which MWD will cut water supplies to its member agencies, inc uding Anaheim; and WHEREAS, on September 16, 2006, the City Council adopted Resolution No. 2008154 to implement Voluntary Water Conservation Measures to encourage all Anaheim water cus- tomers and consumers to reduce water usage; and WHEREAS, as a result of the 19871991 drought, California, the region, and Anaheim fo- cused on reducing indoor household water consumption with a majority of indoor house- hold water conservation being realized, the focus now is on implementing outdoor land- scape and irrigation efficiency and outreach programs which affords the greatest opportu- nity for significant water savings; and WHEREAS, as of July 1, 2008 through February 28, 2009, Anaheim=s ongoing imple- mentation of conservation and outreach programs have resulted in water savings of ap- proximately four percent (4%) or approximately 650 million gallons throughout Anaheim; and WHEREAS, on February 27, 2009, Governor Arnold Schwarzenegger declared a state- wide drought emergency urging cities to reduce their water usage by twenty percent (20%) and streamline water projects that could boost water supply from emerging alternatives such as desalination and recycling; and WHEREAS, with the worsening water supp situation, Anaheim=s current conserva- tion achievements may not be enough If MWD rations Anaheim=s imported supplies; and WHEREAS, there is the likely potential for supply cutbacks from MWD to its member agencies, including Anaheim, as early as July 1, 2009; and WHEREAS, curets water supply conditions require short and long term strategies to sustain a reliable supply of water to meet current and future water demands. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEINA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 10.18 of Tine 10 of the Anaheim Municipal Code, is and shall be renamed and amended in its entirety to read as follows: Chapter 10.18 WATER REDUCTION PROVISIONS Ssetlons, 10.18.010 Policy and purpose. 10.18.020 Definitions. 10.18.030 Authorization. 10.18.040 Application. 10.18.050 Water Reduction Plan Implementation. 10.18.060 Water Reduction Plan I. 10.18.070 Water Reduction Plan If. 10.18.080 Water Reduction Plan III. 10.18.090 Additional Water Reduction Measures. 10.18.100 Reservation of Rights. 10.18.010 POLICY AND PURPOSE. It is declared that because of prevailing water suppply conditions the general welfare re- quires that the water resources available to the City be put to the maximum beneficial use )ossible, and that the waste or unreasonable use or unreasonable method of use of water )e minimized, and the conservation of such water be exercised with a view to the reasons - )le and beneficial use thereof in the interest of the people of the City for the public welfare. rhe purpose of this chapter is to provide water reduction procedures to minimize the effect A a water reduction to the Customers of the City and, by means of this chapter, to adopt provisions that will significantly reduce the consumption of water thereby extending the available water required for the Customers of the City while reducing the hardship on the Dity and the general public to the greatest extent possible. 10.18.020 DEFINITIONS. As used in this chapter: .010 ABilling Unit@ means the unit amount of water used to apply water rates for the purposes of calculating commodity charges for Customer water usage and equals one hundred cubic feet or seven hundred forty eight gallons of water. .020 ACatastrophic Water Reduction@ means a condition in which the existing or pro - acted water supply available to the City is not anticipated to or actually does not meet the ordinary water requirements of the Department or its Customers. This condition may be the result of factors including, but not limited to, supply cuts to the City=s source water from the Metropolitan Water District of Southern California (AMWD@) or by any other wholesale water purveyors, groundwater restrictions, emergency conditions, and/or failure of the City=s or its supplier=s water transmission and distribution systems. .030 ACity@ means the City of Anaheim located in California. .040 ACity Council@ means the legislative body of the City. .050 ACustomer@ or AConsumer@ means any person, persons, association, partner- ship, corporation, governmental agency or other entity supplied and billed for water serv- ice by the Department. .060 ADepartment@ means the Public Utilities Department of the City. .070 AGeneral Manager@ means the General Manager of the Department or his or her designee. .080 AWater Conservation Fund@ means a revenue balancing account set up to re- ceive those monies which may be generated by Water Reduction Rates. .090 AWater Reduction Plan@ means a plan that is implemented by resolution specify- ing water use reduction measures that permit the Department to prudently plan for and supply water to its Customers. .100 AWater Reduction Rates@ means a rate revision designed to provide indoor, health and safety water service with consumption above such level priced at an incremen- tally increasing cost per Billingg Unit that is designed, but not limited to, recovering penal- ties assessed by the Metropolitan Water District of Southern California for exceeding the City=s respective allocations. 10.18.030 AUTHORIZATION. The various officers, departments, commissions, and agencies of the City are authorized and directed to implement the applicable provisions of this chapter upon the effective date hereof. 10.18.040 APPLICATION. The provisions of this chapter shall apply to all Customers and property served water by the Department wherever situated, and shall also apply to all property and facilities owned, maintained, operated, or under the jurisdiction of the various officers, departments, com- missions, and agencies of the City: The provisions of this chapter are in addition to, and not in lieu of, the provisions of Section 10.16.380 of this Code relating to curtailed supply of electricity or water. 10.18.080 WATER REDUCTION PLAN IMPLEMENTATION. The Department shall monitor and evaluate the projected supply and demand for water by its Customers. The Department shall recommend to the City Council such Water Reduc- tion Plan(s) as provided in this chapter which permit the Department to prudently plan for and supply water to its Customers. The City Council may, by resolution, order implementa- tion of such Water Reduction Plan(s) as provided in this chapter which it deems appropri- ate. At any time, the City Council may discontinue any Plan, modify any Plan, or may im- plement another Plan as provided in this chapter. Upon a finding by the City Council, any Water Reduction Plan than in effect shall terminate. 10.18.080 WATER REDUCTION PLAN 1. Upon the adoption of a resolution by the City Council ordering the implementation of Wa- ter Reduction Plan 1, the following provisions shall take effect: .010 All persons and Customers of the Department shall be encouraged to reduce wa- ter usage on a voluntary basis. 020 City Council may, by resolution, identify specific or example water conservation measures which it deems, appropriate to address the potential reduction in water supplies. m Conservation measures may include some or all of the following measures or others as deemed appropriate by dky Council: .0201 Retrain from hosing or washing sidewalks, walkways, driveways, parking areas or other paved surfaces, except where necessary to protect public health and safety. .0202 Promptly repair all leaks from indoor and outdoor plumbing fixtures, including but not limited to sprinkler systems. 0203 Retrain from akntfina water to run off landscaped areas onto adioinina streets ,idewalks, parking lots, or alleys. .0204 Retrain from allowing water to run off onto adjoining streets, sidewalks, parking ots, or alleys while washing vehicles. .0205 Adjust landscape watering according to weather conditions to avoid excess us- age; preferably limit watering to no more than every other day. There shall be no watering lays restriction when using reclaimed or other non potable water, provided that proper aignage is posted. .0206 Limit landscape watering between the hours of nine a.m. and five p.m. .0207 Offer guests in hotels, motels, and other commercial lodging establishments he option of not laundering towels and linens daily. 10.18.070 WATER REDUCTION PLAN 11. In addition to those measures implemented as part of Water Reduction Plan 1, the City Council may, by resolution, order the implementation of or amendment to the Water Re- duction Rates, to encourage reduction in water usage. Such Water Reduction Rates shall be prorated if adopted after the commencement of a full billing period. 10.18.080 WATER REDUCTION PLAN 111. In the event of a Catastrophic Water Reduction condition, the following provisions may be implemented, as appropriate, by City Council upon the adoption of a resolution: .010 Water Reduction Rates may continue as set forth in Water Reduction Plan 11 or be implemented as needed to provide the price signals to Customers to achieve reduction in water usage. .020 The Department may recommend to the City Council the adoption of mandatory conservation measures. The City Council, by resolution, may adopt such other or addition- al mandatory conservation measures as necessitated by the Catastrophic Water Reduction condition which shall be prohibited water uses and unlawful during a Water Reduction P' -m Ill. .030 The Department is.authorized to shut off watersupply to dedicated irrigation uses, it the Department determines that the City=s water supplies are being diverted by ir- rigation water demands such that it impacts public health and safety, or essential govern- mental services such as fire, police, and emergency services. 10.18.090 ADDITIONAL WATER REDUCTION MEASURES. The City Council may order implementation of other water reduction measures in addi- tion to those set forth in Sections 10.18.060, 10.18.070 and 10.18.080, and may eliminate or modify any measures if warranted by the availability of water supplies. Such changes to or additional water reduction measures shall be implemented in the manner provided in this chapter under Section 10.18.050, Water Reduction Plan Implementation. 10.18.100 RESERVATION OF RIGHTS. The rights of the Department hereunder shall be cumulative to any other right of the Department to discontinue service. SECTION 2: SAVINGS CLAUSE Neither the adoption of this ordinance or amendment of any other ordinance of the City of Anaheim 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 tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of this ordinance, insofar as they are substantially the same as or- dinance provisions previously adopted by the City of Anaheim relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 3: SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent junsdiction, such invalidity shall not affect the validity of the remaining portions of this ordi- nance. The City Council of the City of Anaheim hereby declares that it would have adopt- ed this ordinance and each remaining section, subsection, sentence, clause phrase or por- tion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions have been declared invalid or unconstitutional. SECTION 4: EFFECTIVE DATE This ordinance shall take effect thirty (30) days from and after its enactment. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 31st day of March, 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 14th day of April, 2009, by the following roll call vote: AYES: Mayor Pringle, Council Member Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF ANAHEIM By: /s/ Curt Pringle MAYOR OF THE CITY OF ANAHEIM IATTEST: /s/ Linda N. Andal CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin April 23 2009 9082292