5396I
ORDINANCE NO. 5396
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 13.08.020 AND ADDING NEW SECTION
13.08.100 OF CHAPTER 13.08 OF TITLE 13 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO USE OF
PUBLIC PARKS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1. LEGISLATIVE FINDINGS
The City Council finds and declares as follows:
1. Persons who engage in illegal sale of controlled
substances frequently do so in public parks. Such
persons use violence and intimidation to exclude others
from the parks to prevent them from witnessing the
illegal transactions. In order to preserve the public
parks for the use of the public generally, it is
necessary to exclude those who have been convicted of
illegal sale, or possession with intent to sell,
controlled substances, for a period of time sufficient to
allow such persons to demonstrate that they have ceased
the activity of which they were convicted.
2. Persons who engage in illegal ingestion of
controlled substances in public parks create a serious
hazard to public health and safety. Residues of
controlled substances, human blood, and used syringes and
needles are often left in park restrooms and in
landscaped areas, presenting major health and safety
hazards to park users, especially children, and to City
employees who maintain parks and park facilities. Also,
those persons who use, or are under the influence of,
controlled substances in the parks create an atmosophere
which discourages public use and enjoyment of the parks.
In order to safeguard public health and safety, it is
necessary to exclude from public parks those who have
been convicted of illegal use, possession or being under
the influence of a controlled substance, for a period of
time sufficient to allow such persons to demonstrate that
they have ceased the activity of which they were
convicted.
SECTION 2.
That Section 13.08.020 of Chapter 13.08 of Title 13 of
the Anaheim Municipal Code be, and the same is hereby, amended by
adding thereto two new subsections, .220 and .230, which
subsections shall read as follows:
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11.220 To harass, threaten or intimidate any person
in such a manner as to interfere with or discourage such
person's exercise of his or her right to use the park.
.230 To interfere with, harass, threaten or
intimidate any person employed by the City of Anaheim in
the performance of his or her assigned duties."
SECTION 3.
That new Section 13.08.100 be, and the same is hereby,
added to Chapter 13.08 of Title 13 of the Anaheim Municipal Code to
read as follows:
1113.08.100 EXCLUSION FROM PUBLIC PARRS
.010 No person shall enter or remain in any
public park who has been convicted of unlawful sale, or
possession for sale, of any controlled substance (as
defined in Health and Safety Code Section 11007),
regardless of whether the offense occurred in the City of
Anaheim or in another jurisdiction. The exclusion
established pursuant to this subsection shall commence
upon release from custody following conviction and shall
remain in of f ect for three ( 3 ) years from the date of the
most recent conviction or release, whichever is later.
Signs shall be posted at each entrance to a public park
giving notice of this provision and that violation hereof
is a misdemeanor.
.020 No person shall enter or remain in any
public park who has been convicted of unlawful use,
possession or being under the influence, of any
controlled substance (as defined in Health and Safety
Code Section 11007), if the conviction was based on
conduct which occurred, wholly or partly, in any public
park, regardless of whether such park is in the City of
Anaheim or in another jurisdiction. The exclusion
established pursuant to this subsection shall commence
upon release from custody following conviction and shall
remain in effect for three (3) years from the date of the
most recent conviction or release, whichever is later.
Signs shall be posted at each entrance to a public park
giving notice of this provision and that violation hereof
is a misdemeanor.
.030 No person shall enter or remain in any
public park who has, within a 12 -month period, been
convicted of two or more violations of Section
13.08.020.220 or Section 13.08.020.230 of this Chapter,
or of one violation of each. The exclusion established
pursuant to this subsection shall commence upon release
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from custody following conviction and shall remain in
effect for three (3) years from the date of the most
recent conviction or release, whichever is later. Signs
shall be posted at each entrance to a public park giving
notice of this provision and that violation hereof is a
misdemeanor.
.040 For the purposes of this section, 'park'
includes all landscaped areas, picnic areas, playgrounds,
playing fields, pedestrian walkways, vehicle parking
areas, buildings and structures within a park or within
50 feet of a park, but does not include the portions of
public streets used for vehicular travel."
SECTION 4. 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 5. 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 6. 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.
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THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 5th day of October
19 93 . 1�
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6
MAY R OF THE CITY OF VNEIM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
107.2\EEGAN\August 25, 1993 4
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. 5396
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of September,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 5th day
of October, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, 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. 5396 on the 6th day
of October, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th
day of October, 1993.
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. 5396 and was published once in the Anaheim Bulletin on the 14th day of October, 1993.
CITY CLERK OF THE CITY OF ANAHEIM