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5479ORDINANCE NO. 5479 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 18.01.230, 18.01.210, 18.61.020, 18.61.050, 18.63.020, 18.63.028 AND 18.63.050, OF CHAPTERS 18.01, 18.61 AND 18.63 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING OF TOWING SERVICES, VEHICLE IMPOUNDS AND STORAGE YARDS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 18.01.210 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1118.01.210 'T' WORDS, TERMS AND PHRASES. 'Trailer, Automobile.' A vehicle without motor power, designed to be drawn by a motor vehicle and to be used for human habitation and for carrying persons and property, including a trailer coach; includes also a self- propelled vehicle having a body designed for the same uses as an automobile trailer. 'Trailer Court.' Any area or tract of land where space is rented to accommodate one or more automobile trailers, including any van, camper, recreational vehicle or other vehicle used or designed for use as lodging or sleeping accommodations. 'Towing Service.' Any person, association, firm or corporation owning or controlling any tow truck and otherwise engaged in the business of transporting or moving other vehicles from one place to another. 'Tow Truck.' Any motor vehicle or device which has been altered, designed or equipped for the primary use of transporting or moving another vehicle from one place to another by means of a crane, hoist, tow bar, tow line, dolly, or a roll -back flat bed carrier, or any other vehicle which is primarily used to render roadside or transportation assistance to other vehicles." SECTION 2. That Section 18.01.230 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code e, and the same is hereby, amended to read as follows: 1118.01.230 'V' WORDS, TERMS AND PHRASES. 'Vacation ownership resort.' A timeshare facility in which a person or entity receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, space, or portion of real property for a period of time which has been or will be allocated from the use or occupancy periods into which the facility has been divided. A vacation ownership resort interest may be coupled with an estate in real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. 'Variance.' A modification of the terms of this title granted by resolution for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. 'Vehicle Impound or Storage Yard.' Any vehicle storage facility which provides to the public the service of storing or holding vehicles, but does not include the dismantling, scrapping, salvaging or sales of vehicles or vehicle parts." SECTION 3. That Section 18.61.020 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new subsection .295, which subsection .295 shall read as follows: 11.295 Towing services, excluding vehicle impound or storage yard, and further excluding the transferring of disabled vehicles to the site at any time." SECTION 4. That Section 18.61.050 of Chapter 18.61 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new subsection .445, which subsection .445 shall read as follows: 11.445 Towing services, including vehicle impound or storage yard." SECTION 5. That Section 18.63.020 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by adding thereto a new subsection .435, which subsection .435 shall read as follows: 2 i 11.435 Towing services, excluding vehicle impound or storage yard, and further excluding the transferring of disabled vehicles to the site at any time." SECTION 6. That subsection .030 of Section 18.63.028 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted in its entirety. SECTION 7. That Section 18.63.050 of Chapter 18.63 of Title 18 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .395, which subsection .395 shall read as follows: 11.395 Towing services, including vehicle impound or storage yard." SECTION 8. 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 9. 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 10. 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 9 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 14th day of F ruary , 199 . MAYO F THE C Y OF A HEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 9913.1\EEGAN\December 12, 1994 4 A 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. 5479 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of February, 1995, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of February, 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. 5479 on the 14th day of February, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of February, 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. 5479 and was published once in the North Orange County News on the 23rd day of February, 1995. CITY CLERK OF THE CITY OF ANAHEIM