5519ORDINANCE NO. 5519
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 7.44.015 AND DELETING SECTION 7.44.040
OF CHAPTER 7.44 OF TITLE 7 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO GRAFFITI
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 7.44.015 of Chapter 7.44 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
117.44.015 DEFINITIONS.
As used in this chapter, the following terms shall
have the meanings set forth herein:
'Aerosol paint container' means any container,
regardless of the material from which it is made, which is
adapted or made for the purpose of spraying paint or other
similar substances capable of defacing property.
'Felt-tip marker' or 'marking pen' means any indelible
marker or similar implement with a tip which, at its
broadest width, is greater than one-eighth inch, containing
an ink.
'Graffiti' means any inscription, word, figure or
design marked, etched, scratched, drawn or painted on any
surface, without the express permission of the owner (or
owner's representative) of such surface, regardless of the
nature of the material of which the surface is composed.
'Owner's representative' means any person or entity
expressly authorized by the owner of any property to permit
another person to place inscriptions, words, figures or
designs upon such property, or any person or entity in
lawful possession of any property, whose right of
possession includes the authority to permit or allow
inscriptions, words, figures or designs to be placed upon
such property.
'Spray actuator' (also known as a 'spray tip,'
'nozzle' or 'button') means an object which is capable of
being attached to an aerosol paint container for the
purpose of spraying the substance contained therein."
SECTION 2.
That Section 7.44.040 of Chapter 7.44 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, deleted in its
entirety.
SECTION 3. 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 4. 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 5. 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 y of temb n 1995.
MAY R OF THE CITY OF Altr
EIM
ATTES
CITY CLERK OF THE CITY OF ANAHEIM
13441.1\EEGAN\August 23, 1995 2
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. 5519 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th
day of September, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 19th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5519 on the
19th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 19th day of September, 1995.
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. 5519 and was published once in the North Orange County News on the 28th day of
September, 1995
CITY CLERK OF THE CITY OF ANAHEIM