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5584r ORDINANCE NO. 5584 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.52.070 OF CHAPTER 4.52 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LICENSING OF PEDDLERS AND SOLICITORS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 4.52.070 of Chapter 4.52 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.52.070 PEDDLERS AND SOLICITORS TO APPLY TO LICENSE COLLECTOR FOR DETERMINATION OF LICENSE FEE OR EXEMPTION—CERTIFICATE OF IDENTIFICATION FROM POLICE DEPARTMENT. In addition to the other requirements of this Code and ordinances of the City of Anaheim and regardless of whether or not any person may be exempt from the payment of a license fee under the provisions of Chapter 3.04 of this Code, by reason of being engaged in interstate commerce or otherwise, every person engaged in the business of selling or soliciting orders for the sale of any goods, wares or merchandise, magazines, papers, periodicals, or any other form of occupation or business involving canvassing and soliciting from house to house or place to place, or upon the streets and public places within the City, including any person engaged in the business of soliciting or obtaining opinions, preferences, endorsements or other information from persons within the City, shall, before engaging in such business or occupation, make application to the City License Collector, and the City License Collector shall determine whether or not all necessary license fees have been paid by the applicant and if all necessary fees have been paid or are tendered to the License Collector and if all other requirements of this Code have been met, the applicant shall make identification I to the Police Department, and receive therefrom a certificate showing that such identification has been made. Every such person shall identify himself to the Police Department by signing and filling out an identification blank which shall contain the following information: .010 Name; .020 Age; .030 Permanent address, if any; .040 Local temporary address, if any; .050 General description of the person, in such further detail as the Police Department may require, including fingerprints. Upon making such application and identification and complying with the provisions of this chapter, it shall be the duty of the Police Department to issue such person a certificate showing that such person has complied with the provisions of this section; however, such certificate shall not be issued to such person by the Police Department until said Department shall have received information, if any, on the prior criminal record of such person from the Bureau of Criminal Identification and Investigation of the State of California. No certificate shall be issued to any applicant whose record reveals a conviction of any felony or any crime involving moral turpitude. Such person shall thereafter retain such certificate and have the same upon his person at all times while engaged in any of the activities mentioned in this section, and it shall be the duty of such person to display the same to any party of whom he solicits any business upon request therefor. Nothing contained in this section shall be construed to require a certificate of identification to be obtained by any person licensed pursuant to any law of the State of California which law requires that said person be identified by means of fingerprints on file with the State of California, Bureau of Criminal Identification and Investigation, and which law of the State of California provides that no such license 2 i shall be issued to any person whose record reveals a conviction of any felony or any crime involving moral turpitude; provided, however, that such person shall at all times have on his person, and in his immediate possession, such license issued pursuant to said laws of the State of California. Nothing contained in this section shall be construed to require a certificate of identification to be obtained by any person eighteen years of age or under who is enrolled as a full-time student in any public or private elementary or high school, and who has resided within the City for at least six months immediately preceding the time said person is required to obtain a certificate of identification pursuant to this section." 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. 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 3 i 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 Nov er , 1996. J MAYOR OF THE CIT/Y OF ANAHE ATTES . CITY CLERK OF THE CITY OF ANAHEIM 0020058.01/EEGAN/August 15, 1996 4 r STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5584 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of November, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 19th day of November, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5584 on the 19th day of November, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of November, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5584 and was published once in the North County News on the 28th day of November, 1996. CITY CLERK OF THE CITY OF ANAHEIM