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4734ORDINANCE NO. 4734 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 4.04.130 OF CHAPTER 4.04 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SIGNS IN PUBLIC RIGHTS-OF-WAY, DECLARING THE URGENCY THEREOF, AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 4.04.130 of Chapter 4.04 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.04.130 PROHIBITION OF SIGNS IN PUBLIC RIGHT-OF-WAY. .010 The term 'sign' as used in this section shall include any card, banner, handbill, sign, poster, printing, writing, drawing, painting, decoration, pictorial representation of advertising or publicity or notice of any kind, including any political sign of any kind. Such term shall not include any sign required or permitted by any statute, ordinance or law, or other duly authorized official City, County, or State signs. .020 The term 'public right-of-way' as used in this section shall mean any area of real property dedicated to or owned by the City of Anaheim or the public or any other public body, or over which the City of Anaheim or the public or any other public body holds any easement, for public street, alley, sidewalk, pedes- trian, equestrian, or public utility purposes. .030 It shall be unlawful for any person, firm, corporation, committee, or organization, except a public officer or employee in the performance of a public duty or unless required or permitted by ordinance of the City of Anaheim or the laws of the State or of the United States, to place or cause to be placed, any sign on or within any public right of way in the City of Anaheim, or to affix any sign to any curb, telephone wire, crossbar or pole, utility wire, crossbar or pole, lamp post, traffic or parking control signs or devices, hydrant, bridge, tree, bus shelter, or any other object located within said public right-of-way. .040 The provisions of this section shall not apply to signs placed or maintained upon, or in front of, or attached to, or above any building or premises, either wholly located upon private property, or upon a building or structure projecting into the public right- of-way and which sign is regulated by the provisions of Title 18, Chapter 18.05 of the Anaheim Municipal Code. The provisions of this section shall likewise not apply to signs affixed to any vehicle provided said vehicle is lawfully located in the public right-of-way. .050 Any sign violating any of the provisions of this section is hereby declared to be and is a public nuisance. .060 Any sign violating any of the provisions of this section may be removed by any employee of the City duly authorized so to do by the Director of Maintenance, City Engineer, Public Utilities General Manager, or Director of Community Development and Planning. Any sign so removed shall be transported to the City of Anaheim and placed in the custody of the Maintenance Department of the City and notice of such removal and the right to claim such sign shall be given by the City to the person or entity owning such sign to the extent such ownership can be reasonably ascertained from information contained on the sign. Failure of the City to give or failure of the owner to receive such notice shall not subject the City or any of its officers or employees to any civil liability or invalidate any other action taken pursuant to this section. The person or entity owning such sign and the person or entity responsible for the affixing of such sign in the public right of way shall be jointly and severally civilly liable and indebted to the City of Anaheim for the reasonable cost of removal and storage of such sign incurred by the City which shall be in addition to any other penalty provided by law. In the event any sign so removed is not claimed by its owner and the costs prescribed herein paid to the City within thirty (30) days following its removal, such sign may be disposed of by the City without further notice. For purposes of this section, there shall be a rebuttable presumption that the name of any person or entity which appears on such sign in any manner or capacity is either the owner of said sign or the person or entity responsible for the affixing of such sign in the public right-of-way. .070 Penalty. Any person, firm or corpora- tion who shall violate any of the provisions of this section shall be guilty of an infraction which shall be punishable by a fine in an amount as prescribed by State law but in no event less than the amount of any reward prescribed payable pursuant to subsection .080 hereof. .080 Every person who provides information resulting in the conviction of any person who violates -2- any of the provisions of this section shall receive as a reward from the City of Anaheim the sum of Fifty Dollars ($50.00). Conviction of multiple violations as a result of a single criminal complaint shall be deemed a single conviction for purposes of this subsection. The Finance Director is hereby authorized and directed to pay from any appropriation created for the purpose the sum of Fifty Dollars ($50.00) to each person who gives such information, provided that a claim therefor is filed with the Finance Director within sixty (60) days after conviction and that such claim is approved by the City Attorney. Notwithstanding any other provision hereof, only one such Fifty Dollar reward shall be payable by the City for each conviction. In the event more than one person claims such reward for any conviction, the Fifty Dollar reward shall be divided equally among the total number of persons providing information resulting in such conviction as determined by the City." SECTION 2. DECLARATION OF EMERGENCY WHEREAS, signs prohibited by this ordinance would, if placed in the public right-of-way, obstruct the vision of drivers of vehicles, impair access to public facilities such as fire hydrants and utility poles, and constitute a hazard to utility workers if placed upon telephone and utility wires or poles; and WHEREAS, such obstruction of vision, impairment of access, or safety hazard could lead to personal injury, property damage, and great hardship and inconvenience to the City, its employees and members of the public generally, NOW THEREFORE, it is hereby declared that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety and shall take effect immediately upon adoption. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which viola- tions 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 continu- ations, and not as new enactments. SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other -3- portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 8th day of July, 1986. '00004 /<. MAYOR OF THE CITY 0 ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 070286 1350V -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. 4734 was introduced and adopted at a regular meeting of the City Council of the City of Anaheim held on the 8th day of July, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4734 on the 8th day of June, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of June, 1986. LEONORA N. SOHL, CITY CLERK (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4734 and was published once in the Anaheim Bulletin on the 18th day of July, 1986. LEONORA N. SOHL, CITY CLERK