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5658ORDINANCE NO. 5658 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 10.04 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE BY ADDING SECTION 10.04.020 DESIGNATING ALL PUBLIC LIBRARIES WITHIN ANAHEIM AS DRUG FREE ZONES AND AMENDING SECTION 13.08.110 OF CHAPTER 13.08 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE DESIGNATING ALL PUBLIC PARKS WITHIN ANAHEIM AS DRUG FREE ZONES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS The City Council of the City of Anaheim hereby finds and declares as follows: A) The sale of drugs to children is particularly deplorable in that it is illegal, increases violent crime, fosters prejudice, destroys young lives, and has disastrous effects on families, on communities and, ultimately, on the future of our nation. B) Pursuant to California Health & Safety Code Section 11380.5, the City of Anaheim adopted Ordinance No. 5591 amending Chapter 13.08 of the Anaheim Municipal Code by adding Section 13.08.110 designating public parks as drug free zones. C) As recently amended by Assembly Bill 2569, California Health & Safety Code Section 11380.5 now authorizes the imposition of enhanced sentences in the state prison for any person who is convicted of the possession for sale or the sale of heroin, cocaine, cocaine base, methamphetamine, or phencyclidine (PCP), if the violation occurred upon the grounds of a public library, provided (1) the city council having jurisdiction over the public library adopts an ordinance designating the public library as a "drug-free zone" pursuant to that code section, and (2) notice of the law is posted at the public library. Assembly Bill 2569 also expands the definition of "public park" to include a public swimming pool and public youth center. D) "Drug-free zones" not only result in enhanced punishment for persons arrested and convicted of selling drugs upon the grounds of a public park and public library, but also symbolize the City's commitment to eliminating the use and sale of illegal drugs within the City. E) An amendment to the Anaheim Municipal Code is necessary to effectuate the amendment to Health & Safety Code Section 11380.5. SECTION 2. That Chapter 10.04 of Title 10 of the Anaheim Municipal Code be, and the same is hereby, amended by adding Section 10.04.020, which section shall read as follows: "10.04.020 DESIGNATION OF PUBLIC LIBRARIES AS DRUG-FREE ZONES. "All public libraries within and under the jurisdiction of the City of Anaheim are hereby designated "drug-free zones" within the meaning of California Health & Safety Code Section 11380.5." SECTION 3. The Director of the Department of Community Services shall cause signs to be posted at all public libraries hereby designated "drug-free zones" providing notice of the enhanced penalties authorized by California Health & Safety Code Section 11380.5 as result of the designation of the public libraries as "drug-free zones." SECTION 4. The Orange County Office of the District Attorney shall be advised of the City's adoption of this Ordinance as part of its continuing war against drugs, and encouraged to seek enhanced prison sentences for those persons convicted of the crime of possession for sale or the sale of the illegal drugs enumerated in California Health & Safety Code Section 11380.5 if the violation occurred upon the grounds of a public library in the City of Anaheim. SECTION 5. That Section 13.08.110 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.08.110 DESIGNATION OF PUBLIC PARKS AS DRUG-FREE ZONES 010 All public parks within and under the jurisdiction of the City of Anaheim, including adjacent public parking lots and sidewalks, are hereby designated "drug-free zones" within the meaning of California Health & Safety Code Section 11380.5." .020 For purposes of this section, "public parks" shall include public swimming pools and public youth centers." IN SECTION S. 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 6. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 1stY of Dece ber 19M - MAYOR OF TRY CITY F ANAHEIM ATTE :: CITY CLERK OR THE CITY OF ANAHEIM Ord re Drug Free Zones - Libraries.wpd 3 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. 5658 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 17th day of November 1998, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of December, 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, McCracken, Tait, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5658 on the 1st day of December, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 1 st day of December, 1998. 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. 5658 and was published once in the North County News on the 10th day of December, 1998. CITY CLERK OF THE CITY OF ANAHEIM PROOF 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 twenty one 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: December 10, 1998 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Date December 10, 19 98 signatu Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 This space is for the County Clerk's Filing Stamp A�- �0 Proof of Publication of t?n n df this Ordlnanda Ayes: rekthous, Rring. McCracken,T and= Abstain: No" Absent: This ordtnattbikffik r T>9.b4 of Tlttestit the AnattlNht`by. tbn 10.04 within AnA: amende�p . tt y+rt 13. of Tli� If %; Art~n 160ijo daslpnatinrs t Public parks within Anahelm Drup rree oa. If you with a rug cot- of the text of the above Ordinance, Please CON Nie office or the C Clerk of 76b 1,= bpf!�en 8:2 a.m. antlp rn. Monday th(}�ub►f rrtcW. There Is no charge for the copy; Publish: Anaheim Bulled c22ur 01 1998 PROOF OF PUBLICATION