5942ORDINANCE NO. 5942
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
THE TITLE AND VARIOUS PROVISIONS OF CHAPTER 12.12
OF 'I= 12 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO OBSTRUCTIONS IN THE PUBLIC RIGHT-OF-
WAY
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1.
That the title of Chapter 12.12 of Title 12 of the Anaheim Municipal Code be, and
the same is hereby, amended to read as follows:
"Chapter 12.12
OBSTRUCTIONS TO PUBLIC RIGHT -OF WAY"
SECTION 2.
That Section 12.12.010 of Chapter 12.12 of Title 12 of the Anaheim Municipal Code
be, and the same is hereby, amended in its entirety to read as follows:
"12.12.010 OBSTRUCTIONS TO PUBLIC RIGHT-OF-WAY — PERMIT REQUIRED.
.010 It shall be unlawful for any person, firm or corporation to excavate or perform any
construction within, or obstruct in any manner, or place any temporary, portable or permanent
structure or device within, any public right-of-way or easement, including but not limited to any
street, alley, sidewalk, or public utility easement (hereinafter `public street') unless such person, firm
or corporation possesses a written permit from the Director of the Public Works Department
(hereinafter `Director'). For purposes of this chapter, said permit shall be referred to as a right-of-
way construction permit regardless of whether such permit relates to excavation, construction or
obstruction in the public right-of-way. The provisions of this section shall not apply to any person,
firm or corporation undertaking emergency repairs to existing facilities when said person, firm or
corporation complies with the provisions of Section 12.12.070 of this chapter."
.020 The provisions of this section shall not apply to:
.0201 Any person, firm or corporation undertaking emergency repairs to existing
facilities when said person, firm or corporation complies with the provisions of Section 12.12.070
of this chapter;
.0202 Any temporary traffic control device or measure erected, placed or maintained,
or any traffic control activity undertaken, by an officer or employee of the City of Anaheim in the
performance of such person's official duties;
.0203 Any temporary street closure for a block party as approved by the Traffic and
Transportation Manager, or any other obstruction or street closure approved or authorized pursuant
to any other provision of this Code or any policy or regulation adopted by the City Council;
.0204 Any vehicle stopped, standing or parked upon any public street which vehicle
is authorized for use upon a public street pursuant to the California Vehicle Code, and which vehicle
is stopped, standing or parked in compliance with all applicable provisions of this Code and the
California Vehicle Code; or
.0205 Any refuse receptacle or other device during the period such device is
authorized to be placed or located within a public right-of-way pursuant to any provision of law.
.030 Notwithstanding any other provision of this Code, the first violation of any provision
of this section by any person within any twelve month period shall be punishable as an infraction in
accordance with applicable provisions of the California Penal Code and California Government
Code. The second and all subsequent violations of this section by said person occurring within any
twelve month period, whether such violation is of the same or a different provision of said section,
shall be punishable as a misdemeanor."
SECTION 3. SEVERABR=
The City Council of the City of Anaheim 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 this 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 or amendment 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 thereof, nor be construed as a waiver of any tax,
license or penalty or of the penal provisions applicable to any violations thereof. The provisions of
the 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.
2
SECTION S. PENALTY.
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 14thday of September , 2004, and thereafter
passed and adopted at a regular meeting of said City Council held on the 28th day of September
, 2004, by the following roll call vote:
AYES: Mayor Pringle, Council Members McCracken, Chavez, Hernandez
NOES: None
ABSENT: Council Member Tait
ABSTAIN: None
A: T:
CITY CLERK OF liffi CITY OF ANAHEIM
55484.1
3
CITY OF AHEIM
By
OF OF 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 entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit;
October 7, 2004
-I certify (or declare) 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: October 7, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
Proof of Publication of
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 5942
AN ORDINANCE OF THE CITY OF -ANAHEIM AMEENDING.
12
OFT TLE 1 EHE TITLE p THE ANAHEIM VAMOUS � IPPAAL CODE CHAPTER
RELAT-
ING TO OBSTRUCTIONS IN THE PUBLIC RIGHT-OF-WAY
This ordinance re -titles Chapter 12.12 and section 12.12.010
to accurately reflect that the chapter relates to all obstruc-
tions within the public right-of-way rather than only excava-
tions. Obstruction will continue to be prohibited without a
permit from the Public Works Director unless specifically ex-
empt from permit requirements.
This ordinance clarifies that obstructions include any tempo-
rary devices placed in the public streets without lawful au-
thority, such as barricades, sawhorses and basketball stan-
chions. The ordinance further expends the list of obstruc-
tions which are exempt from permit requirements to
include:
1. emergency repairs to existing facilities (including
underground utilities);
2.temporary t[�tic control devices end barriers used by
an officer or employee of the City in performing on
official duty;
3.authorized street closures for block parties and other
obstructions permitted pursuant to any other City
policy of code provision;
4.lawfufi stopped, standing or perked vehicles; and
5. any ruse receptacles or other devices authorized to
be located within a public right-of-way pursuant to
any provision of law.
This ordinance reduces the penalty for the first violation of
Section 12.12.010 by any ppeerson occurring within any twelve
month period to an mfrae 'on.
I, Sheryll Schroeder, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is a summary of Ordinance
No. 5842 which ordinance was introduced at a regular
meeting of the City Council of the City of Anaheim on the
14th day of September, 2004 and was duly passed and
adopted at a regular meeting of said Council on the 28th
day of September; 2004 by the following roll call vote of the
members thereof:
AYES: Mayor Pringle, Council Members: McCracken,
Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: Council Member Taft
The above summary is a brief description of the subject mat-
ter contained in the text of Ordinance No. 5042, which has
been prepared pursuant to Section 512 of the Charter of the
Gifu of Anaheim. This othe
ordinance
� i not do -
scribe
stied ovary tsubstcn orcHnan should
relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, lases con-
tact the Office of theCity Clerk, (714) 765-5166, between
6:00 AMand 5:00 PM, Monday through Friday. There is no
charge for the copy..
Publish: Anaheim Bulletin
October 7, 2004
25-980 6387762