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5436ORDINANCE NO.5436 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 2.12.030 AND ADDING SECTION 2.12.120 TO CHAPTER 2.12 OF TITLE 2 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CONFIDENTIALITY OF TRANSIENT OCCUPANCY TAX RETURNS AND ENFORCEMENT OF CHAPTER THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 2.12.030 of Chapter 2.12 of Title 2 of the Anaheim Municipal Code be, and it is hereby, amended by adding thereto a new subsection .030 which subsection .030 shall read as follows: ".030 Tax returns filed with the City pursuant to this Chapter, and information contained therein regarding amounts of gross receipts, adjustments, credits, overcollections, tax, penalty and interest, shall be and remain confidential. Unauthorized disclosure or use of such confidential information by any officer, agent or employee of the City shall constitute a misdemeanor; provided, however, this section shall not apply to any disclosures made in connection with any hearing, appeal, or any civil action or proceeding relating to the determination or recovery of the Tax, or any prosecution of any person for violation of any provision of this Chapter or any criminal or civil proceeding pertaining to the Tax. This subsection shall not prohibit, nor be construed to prohibit, disclosure of statistical or cumulative information derived from tax returns, when the information disclosed does not identify or relate to any particular taxpayer." SECTION 2. That new Section 2.12.120 be, and the same is hereby, added to Chapter 2.12 of Title 2 of the Anaheim Municipal Code to read as follows: "2.12.120 ENFORCEMENT OF CHAPTER The Collector and Code Enforcement Manager shall have the duty of enforcing the provisions of this Chapter. The Collector and Code Enforcement Manager and each of their deputies are hereby authorized to enter, free of charge, at any reasonable time, any place of business, or to approach any person apparently conducting or employed in the operation of a business, to verify compliance with the provisions of this chapter. Nothing in this section is intended to or shall operate to change or shall have the effect of changing the status of the Collector or Code Enforcement Manager or their respective deputies from a public or miscellaneous officer or employee to an individual peace officer or safety member for purposes of retirement, workers' compensation or similar injury or death benefits, or any other employee benefits to which said officer or employee would not have been entitled as a public employee prior to adoption of this section." 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. H THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd day of August 1994. K - 7" -,� 17A 2 -, 4 1,;;- " / MAYOR OF THE CITY OF A EIM ATTEST: CITY CLERK OF THE CI/T`Y/ OF ANAHEIM 6449.1\EEGAN\April 5, 1994 3 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. 5436 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 19th day of July, 1994, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickier, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5436 on the 3rd day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of August, 1994. 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. 5436 and was published once in the North Orange County News on the 11th day of August, 1994. X� C., -;,( 0 V�� S-��k --- CITY CLERK OF THE CITY OF ANAHEIM