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6153FOLLOWS: ORDINANCE NO. 6153 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.38.240 AND VARIOUS SECTIONS OF CHAPTER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS CFCTIC)N 1 That subsection .010 of Section 18.38.240 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010 General. A special event is only allowed as a promotional event for a business located on the same property and/or as a fundraiser for a school or other charitable non-profit organization. The following are not subject to a special event permit: .0101 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0102 The display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. The display of a Business Flag as defined in Section 18.44.030.085 may be permitted as one of the three flags subject to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0103 Private occasional parties which are not open to the public. .0104 Carnivals and Circuses. All temporary carnivals and circuses are subject to the provisions of Section 18.38.095, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), of Title 3 (Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Title 4 (Business Regulation) of the Anaheim Municipal Code." SECTION 2. That subsection .070 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 "Banner" means a sign made of fabric, cloth, plastic, or paper used only temporarily that is not permanently mounted or affixed to the ground or any structure, with or without enclosing framework, used to advertise a fundraiser, promotional or sales event, special or 1 seasonal event, or other temporary on-site informational or directional sign. Pennants, as defined herein, shall be considered "Banners" for purposes of this chapter." SECTION 3. That new subsection .085 be, and the same is hereby, added to Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".085 "Business Flag" means a flag displaying the name, symbol or logotype of a business or corporation." SECTION 4. That subsection .460 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".460 "Sign" means any display, exhibit, declaration, demonstration, graphic announcement, inflatable device, illustration or insignia used to advertise or promote the interest of any person, business, institution or organization, when the same is placed outdoors, or on the inside of a window to be seen from the outside, in view of the general public; provided that this definition does not apply to the display of the flag of a nation, state, county or city or any official flag or banner of any bona fide religious or fraternal organization." SECTION 5. That new Section 18.44.065 be, and the same is hereby, added to Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: "18.44.065 BUSINESS FLAG. The display of a Business Flag as defined in Section 18.44.030.085 must comply with applicable Building Code requirements and shall be further subject to the following provisions and restrictions: .010 A Business Flag shall only be permitted on a property that is zoned for commercial or industrial use. 020 A maximum of one (1) Business Flag may be displayed on a property." SECTION 6. 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 here from of any such portion as may be declared invalid. SECTION 7. 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 8. 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 therefore as provided for in this ordinance. 3 THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 28th day of July , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 11 th day of &Mst , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE F-0 6213 IFER 109005*1,775 CITY OF ANEIM By: AN MAYOR OF THE C OF ANAHEIM ATTEST: !� CITY CLERK OF THE CITY OF AHEIM 72972. Q/W ordon .19 AUG -18-2009 10=51 OCR i I r ORDINANCE NO. 6153 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTION .010 OF SECTION 18.38.240 AND VARI- OUS SECTIONS OF CHAPTER 18.44 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.38.240 of Chapter 18.38 of Tide 18 of the Anaheim Municipal Code be, and the same is hereby. amended to read as follows: '.010 General. A special event is only allowed as a promotional event for a business located on the same property and/or as a fundraiser for a school or other charitable non-orofd oraanization. The following are not subject to a special event permit: .0101 Traditional non-commercial holiday decorations; provided that the decorations do not contain advertising and comply with all applicable City Fire Codes. .0102 The display of the ilaq of a nation, state, county or city or any official flap or banner of anv bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single lea don within the City. The display of a Business Flap as defined In Section 18.44.030.085 may be per- mitted as one of the three flags sublect to the provisions set forth in Section 18.44.065 (Business Flag) of Chapter 18.44 (Signs). .0103 Private occasional parties which are not open to the public. 0104 Carnivals and Circuses. Al temporary carnivals and circuses are subject to the provisions of Section 18.38.W5, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses/Carnivals), . of Title 3 (Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Trite 4 (Business Regulation) of the Anaheim Municipal Code." SECTION 2. That subsection .070 of Section 18.44.030 of Chapter 18.44 of Tide 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".070 "Banner" means a sign made of fabric, cloth, plastic, or paper used only temporarily that is not permanently vaunted or affixed to the ground or any structure, with or without enclosing framework, used to advertise a fundraiser, promotional or sales event, special or seasonal event. or other temporary on-site Informational or directional sign. Pan- nonts, as defined herein, shall be considered "Banners" for purposes of this chapter." SECTION 3, That new subsection .085 be, and the same is hereby, added to Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: ".085 'Business Flap" means a flag dlsolavino the name, symbol or logotvpe of a business or corporation." SECTION 4. That subsection .460 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".460 *Sign" means any display, exhibit, declaration, demonstration, graphic announcement, inflatable device, illustra- tion or insignia used to advertise or promote the interest of any person, business. institution or organization, when the same is placed outdoors, or on the inside of a window to be seen from the outside, in view of the general public; provided that this definition does not apply to the display of the flag of a nation, state, county or city or any official flag or banner of any bona file religious or fraternal organizsdon.• SECTION 5. That new Section 18.44.065 be, and the same is hereby, added to Chapter 18.44 of Title 18 of the Anaheim Municipal Code to read as follows: '1SAMLOB5[BUS MEU FLAG. The display of a Business Flag as defined in Section 18.44.030.085 must comply with applicable Building Code reoulre- ments and shall be further subject to the following provisions and restrictions: .010A Business Flag shalt only be permitted on a property that is zoned for commercial or industrial use. .020 A maximum of one (1) Business Flag maybe displayed on a property." SECTION e. SEVERABILITY The City Council Of the City Of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordnance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that a would have passed all other portions of this ordinance Independent of the elimination here from of any such portion as may be declared invalid. SECTION 7. 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 data hereof, nor be con- strued as a waiver of arty license or penalty or the penal provisions applicabts 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 subtect matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 8. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fall to comply with any of the require- s y at its rrequirements at this nnts shall be deemed Quilty of aammgsdemeaannor and upon convictiof on thereof th �f sshhalll be IPuniis led bya fine not exceadinp One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months. or by both such fine em and imprisonment. Each such person, firm or corporation shall be deed guilty ofb e of a separate nse for each day dur- ing 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. 7147962238 P.05 ��2