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6370ORDINANCE NO. 6 3 7 0 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 11.10.150 AND 11.10.160 OF CHAPTER 11.10 OF TITLE 11 OF THE ANAHEIM MUNICIPAL CODE (CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS) AND SECTION 13.08.020 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC PARKS --PROHIBITED CONDUCT GENERALLY) TO GIVE THE CITY ATTORNEY DISCRETION TO CHARGE VIOLATIONS OF CHAPTER 11.10 AND SECTION 13.08.020.080 AS MISDEMEANORS OR INFRACTIONS WHEREAS, the City desires to keep public areas within the City in a clean, sanitary, safe and accessible condition, to adequately protect the health, safety, environment and general welfare of the community, and to ensure that these public areas are used for their intended purposes and remain accessible to all citizens, businesses and visitors in the City; and WHEREAS, criminal activity in, and violation of the rules applicable to, public parks and public property in Anaheim is inimical to the purposes for which such property is established and leads to public perception that such places may not be welcoming to law-abiding citizens and create a risk of harm to innocent bystanders; and WHEREAS, numerous residents of Anaheim have made complaints and expressed concerns that the public parks and public areas in Anaheim are not welcoming for their families and not accessible to them to use for their intended purpose as a result of persons violating the Anaheim Municipal Code's park rules and anti -camping and storage provisions; and WHEREAS, the issuance of infractions for violations of the Anaheim Municipal Code has not necessarily deterred unlawful activity in the parks and public areas in Anaheim; and WHEREAS, in November 2015, the City Council adopted an ordinance amending Section 13.08.020 of Chapter 13.08 of Title 13 of the Municipal Code to give the City Attorney discretion to charge violations of the Municipal Code's park rules provisions prohibiting drinking, gambling, discharging weapons or fireworks, defacing park property, starting fires and loitering in the parks after hours as misdemeanors under appropriate circumstances, rather than being required to always treat such violations as infractions; and WHEREAS, giving the City Attorney discretion to charge violations of the Anaheim Municipal Code's rules prohibiting camping and storage of personal property in public areas as misdemeanors under appropriate circumstances, rather than being required to always treat such violations as infractions, is also advisable. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. TEXT OF CODIFIED ORDINANCE Sections 11.10.150 and 11.10.160 of Chapter 11.10 of the Anaheim Municipal Code are hereby amended and restated to read in full as follows: 11.10.150 PROVISIONS NOT APPLICABLE. (a) The provisions of this Chapter shall not apply to real or Personal Property or money subject to confiscation pursuant to state or federal law, to Personal Property that constitutes evidence of a crime, evidence in an ongoing criminal investigation and/or civil proceeding pursuant to state or federal law. (b) The provisions of this Chapter shall not apply to Abandoned Personal Property, which shall be disposed of forthwith. (c) "Shopping carts" or "carts", as defined in Chapter 7.52 of this Code, shall be subject to release to the owners and operators of businesses which provide shopping carts for the convenience of their customers or abatement and/or disposal thereof in accordance with the provisions of Chapter 7.50 or 7.52, as the case may be. (d) Notwithstanding the regulations set forth in this Chapter, the City Manager and/or Chief of Police are hereby authorized to promulgate additional rules and policies for the implementation of this chapter in a manner consistent with state and federal law. 11.10.160 VIOLATIONS, PENALTIES AND ENFORCEMENT. Notwithstanding any other provision in this Code, each violation of the provisions of this Chapter may be enforced alternatively as follows: (a) A violation of this Chapter may be punishable as a misdemeanor or an infraction at the discretion of the City Attorney: (b) The City Attorney may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this Chapter, as provided by law. 2 SECTION 2. TEXT OF CODIFIED ORDINANCE Section 13.08.020 of Chapter 13.08 of the Anaheim Municipal Code is hereby amended and restated to read in full as follows: 13.08.020 PROHIBITED CONDUCT GENERALLY. Within the limits of any of said parks, it shall be unlawful for any person or persons to do any of the acts hereinafter specified, to wit: .010 To bring, leave, hitch, fasten, lead, drive or turn loose or allow to go free any animal or fowl of any kind; provided that this shall not apply to dogs held on a leash, chain or other restraint not more than six feet long, nor to dogs within a Dog Park as further defined under Chapter 13.14 hereof, nor to any horse when hitched, fastened or led within any City of Anaheim park that links with the County of Orange EMA Harbors, Beaches and Parks Master Plan of Trail Systems ("Special Use Parks"); .020 To ride or drive any horse or other animal, or to propel any vehicle, cycle or automobile; except that such prohibition shall not apply to equestrians and bicyclists (non - motorized) in Special Use Parks. .030 To carry or discharge any firearms, firecrackers, rockets, torpedoes or any other fireworks, or airguns or slingshots; .040 To cut, break, injure, deface or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; .050 To cut or remove any wood, turf, grass, soil, rock, sand, gravel or fertilizer; .060 To swim, fish, bathe or wade in, or to pollute the water of any fountain, pond, lake or stream; .070 To make or kindle a fire except in picnic stoves, braziers or fire pits provided for that purpose; .080 To camp therein. "Camp" shall have the meaning set forth in Section 11. 10.020 of Chapter 11.10 of Title 11 of this Code; .090 To cook, prepare, serve or barbecue food or food items, except at the places provided therefor; .100 To wash dishes or to empty salt water or other waste liquids elsewhere than in the sinks provided for such purposes; provided, however, that nothing contained herein shall be deemed to authorize the dumping or disposal of any waste which is otherwise prohibited by any other law; . 110 To leave garbage, cans, bottles, papers or other refuse elsewhere than in the receptacles provided therefor; 3 .120 To play, or engage in any game, excepting at such place as shall be especially set apart for that purpose; .130 To play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming; .140 To indulge in riotous, boisterous, threatening or indecent conduct, or abusive, threatening, profane or indecent language; .150 To disturb in any manner any picnic, meeting, service, concert, exercise or exhibition; .160 To post or erect any bill, notice, paper, circular or advertising or display device of any kind, except as approved in conjunction with an event for which a permit has been approved pursuant to this chapter; .170 To sell or offer for sale any merchandise, article or thing, whatsoever, without first obtaining permission from the City Council or a permit from the Community Services Department so to do; .180 To practice, carry on or conduct any trade, occupation, business or profession; provided this subsection shall not apply to any activity occurring as an integral part of an event for which a permit has been approved pursuant to this chapter; .190 To remain, stay or loiter in any public park between the hours of 10:30 p.m. and 5:00 a.m. of the following day; .200 To possess or consume any alcoholic beverage in any public park, without first obtaining the permission of the City Council or a permit from the Parks, Recreation and Community Services Department. "Alcoholic beverage" is defined as any beverage defined as an "alcoholic beverage" by the Alcoholic Beverage Control Act of the State of California; .210 To play or engage in the game of golf, or to hit any golf ball with a golf club. .220 A violation of subsections .030, .040, .070, .080, .130, .190 or .200 may be filed as an infraction or a misdemeanor at the discretion of the City Attorney. Except as otherwise provided in the immediately preceding sentence for violations of subsections .030, .040, .070, .080, .130, .190 or .200 of this section, any person violating any of the other provisions of this section shall be deemed guilty of a criminal infraction and, upon conviction thereof, shall be punishable by a fine as set forth in Section 36900 of the Government Code, or any successor provision thereto. SECTION 3. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. 4 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. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 22 day of March —, 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 12th day of April _, 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTEST: 'ffrWAA k •� 115085v5 CITY OF AN IM -Z By: MAYOR OF THE CITY OF ANAHEIM 5 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6370 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of March, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of April, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brndman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2016. PrdAllit CITY CLERK OF THE CITY u F ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6370 and was published in the Anaheim Bulletin on the 21St day of April, 2016. 4.1,11 411 Air CITY CLERK OF THE CITY OF ANAHEIM AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) Proof of Publication of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in Paste Clipping of the above-entitled matter. I am the principal Notice clerk of the Anaheim Bulletin, a newspaper that SECURELY In This Space has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6365 Anaheim, County of Orange, State of California; • AN ORDINANCE OF THE CITY OFA ANAHEIM AN ORDINANCE OF THE CITY OF that the notice, of which the annexed is a true ANAHEIM AMENDING SECTIONS 11.10.150 AND 11.10.160 OF CHAPTER 11.10 OF TITLE 11 OF THE ANAHEIM MUNICIPAL CODE (CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC AREAS)AND SECTION 13.08.020 OF CHAPTER printed copy, has been published in each regular 13,08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE (PUBLIC PARKS-- PROHIBITED CONDUCT GENERALLY)TO GIVE THE CITY ATTORNEY DISCRETION TO CHARGE VIOLATIONS OF CHAPTER 11.10 AND SECTION 13.08.020.080 AS MIS and entire issue of said newspaper and not in any DEMEANORS OR INFRACTIONS Phis ordinance amends Section 11.10.150 (Provisions Not Applicable) of Chapter 11.10 supplement thereof on the following dates, to (Camping and Storage of Personal Property in Public Areas)of Title U(Public Property)of the Anaheim Municipal Code to authorize the Chief of Police and/or City Manager of the City of Anaheim to promulgate additional rules and policies for the implementation of said' Chapter 11.10 in a manner consistent with state and federal law. This ordinance also wit: amends Section 11.10.160(Violations.Penalties and Enforcement)of said Chapter 11.10 and subsection .220 of Section 13.08.020 (Prohibited Conduct Generally) of Chapter 13.08 (Public Parks)of Title 13(Public Parks)of the Anaheim Municipal Code to give discretion to April 21,2016 the City Attorney to punish a violation of said Chapters 11.10 and 13.08 as either a misde- meanor or an infraction. "I certify (or declare) under the penalty Of !I,Linda N.Andel,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No.6365 which ordinance was introduced at a regular meeting of perjury under the laws of the State of California the City Council of the City of Anaheim on the 22nd day of March,2016 and was duly passed and adopted at a regular meeting of said Council on the 12th day of April,2016 by the following roll call vote of the members thereof: that the foregoing is true and correct": AYES: Mayor Tait and Council Members Kring,Murray,Brandman,and Vanderbilt NOES: None Executed at Santa Ana, Orange County, ABSENT: None California;on ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No.6365,which has been prepared pursuant to Section 5ribe r1y2 of the Charter of the Date: April 21,2016 n Cof Anaheim. This ity and should not be relied n does a substitute for rthe full text of the ordinance.rovision of the ordi- nance To ct the of e obtain a 765-5166,of the full between 8:00 AM and 5:00 Pxt of the if,Monday thplease rough Friday. There is o charge for the copy. 116400/TJR Publish:Anaheim Bulletin April 21,2016 10155676 - Signature Anaheim Bulletin 625 N.Grand Ave. Santa Ana,CA 92701 (714)796-2209