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5926ORDINANCE NO. 5926 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 6.74, SECTIONS 6.74.010 THROUGH 6.74.050, TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE 9-1-1 CALLS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: CFC T1C)N 1 That new Chapter 6.74 be, and the same is hereby, added to Title 6 of the Anaheim Municipal Code to read as follows: "CHAPTER 6.74. FALSE 9-1-1 CALLS 6.74.010 DEFINITIONS. As used in this chapter: .010 The term "false 9-1-1 call" means a 9-1-1 call placed to the Anaheim Police Department, whether wilfully, unintentionally, negligently, or inadvertently, resulting in a response by one or more officers of the Anaheim Police Department. The term "false 9-1-1 call" shall not include a 9-1-1 call resulting in a response by one or more officers of the Anaheim Police Department where, at the time the call was placed, the caller had a good faith belief that there existed an emergency or other circumstance requiring police or public safety services. 020 The term "responsible person" means each and all of the following: 0201 Any person actually in charge of the premises from which the false 9-1-1 call originates: .0202 The owner, tenant or other person lawfully occupying the premises from which the false 9-1-1 call originates; .0203 If the person in charge of the premises from which the false 9-1-1 call originates is a minor who resides with both parents, then both parents shall be deemed responsible persons; .0204 If the person in charge of the premises from which the false 9-1-1 call originates is a minor who resides with one parent or legal guardian, then the parent or legal guardian who resides In, owns, or controls the premises from which the false 9-1-1 call originates shall be deemed a responsible person. 6.74.020 FALSE 9-1-1 CALL — PREVENTION PAYMENT .010 There is hereby imposed and assessed a fee for each false 9-1-1 call in excess of one for any twelve month period, which fee shall be determined by resolution of the City Council. The fee will be paid to the Finance Director for deposit into the General Fund. .020 The fee imposed pursuant to this chapter shall be a debt owed, jointly and severally, by the responsible persons as defined in this chapter, to the City of Anaheim. Any such responsible persons owing money pursuant to the provisions of this chapter shall be jointly and severally liable in an action brought in the name of the City of Anaheim for recovery of such amount, together with reasonable attorneys' fees." 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. P THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 15 day of June , 2004, and thereafter passed and adopted at a regular meeting of said City Council held on the 22 day of June , 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, hernandez, McCracken NOES: None ABSENT: Council Member Tait ABSTAIN: None ATTEST: CITY CLER< OF fHE CITY OF ANAHEIM 53158.4 3 CITY OAHE By _ d MAYOR OF THE C F ANAHEIM AFFIDAVIT OF -PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) 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 the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that 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 Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and eMire issue of said newspaper and not in any suppTt}nent thereof on the following dates, to wit:— - July 2004` "I CeWy (Or`deelare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: July 1, 2004 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION ORDINANCE NO. 5926 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 6.74, SECTIONS 6.74.010 THROUGH 6.74.050, TO TITLE 6 OF THE ANAHEIM MUNICIPAL CODE RELATING TO FALSE 9-1-1 CALLS THE CITY COUNCIL OF THE CITY OF ANAHEIM HERE- BY ORDAINS AS FOLLOWS: SECTION I. That new Chapter 6.74 be, and the same is hereby, add- ed to Title 6 of the Anaheim Municipal Code to read as follows: This spat"CHAPTER 6.74. FALSE 9-1-1 CALLS 6.74.010 DEFINITIONS. As used in this chapter: .010 The term "false 9-1-1 call" means a 9-1-1 call placed to the Anaheim Police Department, whether wilfully, uninten- tionally, negligently, or inadvertently, resulting in a response by one or more officers of the Anaheim Police Department. The term "false 9-1-1 call" shall not include a 9-1-1 call result- ing in a response by one or more officers of the Anaheim Police Department where, at the time the call was placed, I. the caller had a good faith belief that there existed an emer- roofofp gency or other circumstance requiring police or public safe- ty services. 020 The term "responsible person" means each and all of the following: .0201 Any person actually in charge of the premises'. from which the false 9-1-1 call originates; .0202 The owner, tenant or other person lawfully occu- pying the premises from which the false 9-1-1 call originates; .0203 If the person in charge of the premises from which the false 9-1-1 call originates is a minor who resides with both parents, then both parents shall be deemed re- sponsible persons; .0204 If the person in charge of the premises from which the false 9-1-1 call originates is a minor who resides with one parent or legal guardian, then the parent or legal guardian who resides in, owns, or controls the premises from which the false 9-1-1 call originates shall be deemed a responsible person. .6.74.020 FALSE 9-1-1 CALL — PREVENTION PAYMENT 010 There is hereby imposed and assessed a fee for each false 9-1-1 call in excess of one for any twelve month period, which fee shall be determined by resolution of the City Council. The fee will be paid to the Finance Director for deposit into the General Fund. .020 The fee imposed pursuant to this chapter shall be a debt owed, jointly and severally, by the responsible per- sons as defined in this chapter, to the City of Anaheim. Any such responsible persons owing money pursuant to the pro- visions of this chapter shall be jointly and severally liable in an action brought in the name of the City of Anaheim for re- covery of such amount, together with reasonable attorneys' fees.'' 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 pportions of this ordi- nance 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 viola- tions were committed prior to the effective date hereof, nor: be construed as a waiver of any license or penalty or the pe - net provisions applicable to any violation thereof. The Prov' sions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by Ihe'�� 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 re- 4uirements of this ordinance. Any person, firm or corpora- tion 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 pun - ;had 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 sepa- rate offense for each day during any portion of which any vi- olation of any of the provisions of Ihis ordinance is commit- ted, continued or permitted by such person, firm or corpora- tion, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopt- ed by the City Council of the City of Anaheim this 22nd Day of June, 2004, by the following roll call vote: Introduced: June 15, 2004 AYES: MAYOR/COUNCIL MEMBERS: PRINGLE, McCRACKEN, HERNANDEZ, CHAVEZ NOES: NONE ABSENT: COUNCIL MEMBER TAIT ABSTAIN: NONE CITY OF ANAHEIM ;By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin JuIV 1, 2004 25-680 6254712