5989ORDINANCE NO. 5989
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 14.30.030 OF CHAPTER 14.30 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SOLICITATION OF
VEHICLE OCCUPANTS; AND DECLARING THAT THIS
ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE
IMMEDIATE EFFECT
WHEREAS, the City Council of the City of Anaheim has heretofore adopted Chapter 14.30 of
Title 14 of the Anaheim Municipal Code prohibiting certain activities relating to the solicitation or
attempted solicitation of employment, business or charitable contributions or alms from the occupants
of any vehicles in transit upon any public street in the City of Anaheim
WHEREAS, Section 14.30.030 of Chapter 14.30 of the Anaheim Municipal Code provides
certain exemptions to said prohibited activities; and
WHEREAS, one or more non-profit or charitable organizations have historically annually
solicited charitable contributions in a manner otherwise prohibited by Chapter 14.30 of the Anaheim
Municipal Code; and
WHEREAS, the City of Anaheim wishes to provide an exemption from such prohibition for
such organization(s) and such other non-profit or charitable organizations which meet certain conditions
and restrictions; and
WHEREAS, in order to promote the City's interest in protecting and preserving the safety of
pedestrians and vehicular traffic in, about, and upon public and private streets, while at the same time
providing a narrow exemption for one or more charitable or non-profit organizations to continue with
historical charitable fund-raising activities scheduled to occur within the next thirty days, the City
Council finds and determines that the adoption of this ordinance as an emergency measure is necessary
for the immediate preservation of the public peace, health or safety; and
WHEREAS, Section 511 of the City Charter provides that any ordinance declared by the City
Council to be necessary as an emergency measure for the immediate preservation of the public peace,
health or safety, and containing a statement of the reasons therefor, may be introduced and adopted at
one and the same meeting if passed by at least four affirmative votes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That new subsection .040 be, and the same is hereby, added to Section 14.30.030 of Chapter
14.30 of Title 14 of the Anaheim Municipal Code, to read as follows:
".040 Any act of soliciting or attempting to solicit contributions or alms by a bonafide charity
or non-profit corporation, organization or association, subject to compliance with the
following requirements:
.0401 Such qualified charitable or non-profit corporation, organization or
association shall obtain a certificate of exemption from the Anaheim Police
Department. Such certificate shall be issued within 72 hours following the
submittal of a written application therefor provided such application and the
proposed solicitation conforms to the following requirements:
.01 That the applicant submits proof that it is qualified by the Internal
Revenue Service as a charitable or non-profit corporation,
organization or association exempt from taxation under
applicable provisions of the Internal Revenue Code;
.02 That the application is accompanied by a plan for review and
approval by the Police Department (1) demonstrating that its
solicitors will wear distinctive and highly visible attire (such as
garments or devices containing reflective materials or composed
of vivid and highly visible colors) for the purpose of increasing
visibility of such persons to motorists; and (2) providing a plan
or methodology for minimizing interference with traffic.
.0402 All solicitation of vehicles while engaged in transit on the public streets
shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.
.0403 All solicitations by the charitable or non-profit corporation, organization
or association pursuant to such certificate of exemption shall be limited
to one (1) day per calendar year.
.0404 Not more than one charitable or non-profit corporation, organization or
association shall be scheduled at the same location on the same date."
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its adoption.
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.
2
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.
SECTION 6. DECLARATION OF URGENCY.
The City Council declares that this ordinance is necessary as an emergency measure for the
immediate preservation of the public peace, health or safety pursuant to Section 511 of the City Charter
and the reasons for its urgency are as follows:
1. One or more charitable or non-profit corporations, organizations or associations has
historically conducted charitable solicitations of the occupants of vehicles which are engaged in transit
on the public streets of the City of Anaheim: specifically, the "Fill the Boot" fund-raising campaign
annually conducted by members of the Anaheim Firefighters Association prior to Labor Day. Such
solicitations are currently proscribed by the provisions of Chapter 14.30 of the Anaheim Municipal
Code. The City Council finds that it is in the public interest to allow such charitable solicitations to
lawfully proceed but to do so in a manner which addresses concerns regarding public safety. The City
Council finds that it is in the public interest to ensure that such solicitations may be lawfully conducted,
subject to the requirements and conditions imposed by this ordinance, prior to the forthcoming Labor
Day holiday.
2. Therefore, the adoption of this urgency ordinance will allow the City to exempt certain
charitable or non-profit fund-raising activities from the current proscription of Chapter 14.30 of the
Anaheim Municipal Code and to address public safety concerns associated with such activities prior
to the forthcoming Labor Day holiday.
3
THE FOREGOING ORDINANCE is adopted at a regular meeting of the City Council
of the City of Anaheim held on the 23rd day of August, 2005 by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF IM
By
MAYOR OF THE C ANAHEIM
ATTEST:
1TY CLERK OF tHE CITY OF ANAHEIM
58976.2
4
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STATE OF CALIFORNIA, )
) ss.
County ol' Orange )
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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
hay 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
September 1, 2005
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perjury under the laws of the State of California
chat the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: September ] _ 2005 , l
/ Signature
IlJ' Anaheim Bulletin
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ORDINANCE NO. 5989
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.30.030 OF CHAPTER 14.30 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SOLICITATION OF VEHICLE OCCUPANTS; AND DECLARING THAT THIS
ORDINANCE IS AN URGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT
WHEREAS, the City Council of the City of Anaheim has heretofore adopted Chapter 14.30 of Title 14 of the Anaheim Mu-
nicipal Code prohtbP6ng certain activities relating to the solicitation or attempted solicitation of employment, business or
chartable contributions or alms from the occupants of any vehicles in transit upon any public street In the City of Anaheim
WHEREAS, Section 14.30.030 of Chapter 14.30 of the Anaheim Municipal Code provides certain exemptions to said pro-
hibited activities; and
WHEREAS, one or tltore non-profit or charitable organizations have historically annually solicited charitable contribu-
tions in a manner ot11®twise prohibited by Chapter 14.30 of the Anaheim Municipal Code; and
WHEREAS, the Ctty of Anaheim wishes to provide an exemption from such prohibition for such organization(s) and such
other non-profit or charitable organizations which meet certain conditions and restrictions; and
WHEREASin order to promote the City's interest in protecting and preserving the safety of pedestrpns and vehicular
traffic m abort, and upon public and private streets, while at the same time providing a narrow exemption W ona or more
dtarit� pr
%=gown to continue with historical charitable fund-raising activities scheduled to occur within
the n hilly days, the Council finds and determines that the adoption of this ordinance as an emergency measure is
necessity, for the immed�"r" e preservation of the public peace, health or safety; and
WHEREAS, Section 511 of the City Charter provides that any ordinance declared by the City Council to be necessary as
an emergency measure for the immediate preservation of the public peace, health or safety, and containing a statement
of the reasons therefor, may be Introduced and adopted at one and the same meeting if passed by at least four affirmative
votes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1
That new subsection .040 be, and the same is hereby, added to Section 14.30.030 of Chapter 14.30 of Title 14 of the Ana-
heim kfunictriallOode, to read as follows:
".040 Any act.of soliciting or attempting to solicit contributions orp4rns by a bonaflde charity or non-profit corpora-
tion, organization or association, subject to compliance with the following requirements:
.0701 Such qualified charitable or non-profit corporation, organization or association shall obtain a certificate of ex-
empron from the Anaheim Police Department. Such certificate shah be issued within 72 hours following the submit-
tal of a written application therefor provided such application and the proposed solicitation conforms Il the following
requirements:
.01 That the applicant submits proof that it is qualified by the Intemai Revenue Service as a charitable or non-profit
corporation, organization or association exempt from taxation under applicable provisions of the Internal Revenue
Code;
.02 That the�rcat on is accompanied by a plan for review and approval by the Police Department 1() demonstrat-
ing
that
its will wear distinctive and Msthly visible atdre (such as garments or devices conternklg reflective
materials or composed of vivid and highly Asll _calors) for the purpose of increasing %n ib[Nty of such persons to
motorists; and (2) providing a plan or methodology for minimizing interference with traffic.
0402AII solicitation of vehicles while engaged in transit on the public streets shall be limited to between the hours of
10:00 a.m. to 3:00 p.m.
.0403AII solicitations by the charitable or non-profit corporation, organization or association pursuant to such certlrf
cate of exemption shall be limited to one (1) day per calendar year.
.0404 Not more than one charitable or non-profit corporation, organization or association shall be scheduled at the
same location on the same date."
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately upon its adoption.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,pa�agtaph, sentence or word of this or-
dinance of the Cade„hereby adopted, be declared for any reason to be Invalid, it b the iirrr�Feennt of the Council that it would
have passed all other portions of this ordinance Independent of the elimination hershbon 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 ordinances, of ordinancbsp ,which violations � s or
Int on to the effective date hereof, nor be con-
strued a waiver of a license or or the th any violation thereof. The previsions of
this ordinance, insofar as they are su ty the same as ordinance provisions previously adopted by the City relating
to the same subject matter, shall be construed as restatements shell continuations, and not as row enectments.
SECTION 5. PENALTY
it shall be unlawful for any person, firm or corporation to violate any provision or to favi to comply with any of the require-
ments of this ordinance. Any person, firm or corporation violating any provision of this ordinance or falling to comply with
arty of ile rerit7Memt3rrts shalt be deemed gulriy of a misdenoanor and upon comActbn ihen3of storl be punished by a fine
I'i rat exoeedktg One Thousand Dollars (61,000.00) or by imprisonment rrot a ng six (6) months, or by bdh such fine
and intENtsonment. Each such person, firm or corporation shall be doomed gx uIfNl frF mate offense for each dry
ing arryp n ol whichion, artd shall be punishablep tlier afoolr ash provided brirsn tide ordnaMinued or permlped by
sueh n, firm or co
SECTION 6. DECLARATION OF URGENCY.
The City Council declares that this ordinance is necessary asan emergency measure for the Immediate preservation of
the public peace, health or safety pursuant to Section 511 of the City Charter and the reasons for its urgency are as;
follows:
1. One or more charitable or non-profit corporations, organizations or assoeietlons has hlsl oricaliy conducted charita-
bla solicitations of the occupants of vehicles, which aro In tranalt on the 17Nc streets of the Clty of Anaheim: spa-
; ciRGallyy, li7e 'tint the @cat• fiatd.[aitir� tyrrlpolplt�txhrnducisd by Ota Rfraiphtara Attaocle-
tfrlh palet io labor Day. Stroh tol�0e�ttts ens by pnrai� � Chapler�4.30 of Mie Arnahelm Mu-
reCfpal t;Ylde The fxty Cotxtdi thatfe Mqi i kr in fhs b eolfo�tlax m
b to rio so In a manner which addresses conc>anta publk safety. TM city Council finita that le in p puWerrc
interest tip ensure that such soNdOetlorna may be cat acted, snibfect to the rerlufremnts and conditiors Imposed
by this ordk�nce, prior fa the forthcoming Labor Day
I
2. Therefore, the adoption of this urgency ordinanceill allow.Mo Civ exempt certain charitable or non-projM fund-
raising aelivNes from the current of Chapter 14.30 of the Anaheim Cade and to address public safe-
ty concerns associated with such activities prior to the forthcoming Labor Day holiday.
THE FOREGOING ORDINANCE Is adopted at a regular meting of the City Council of the City of Anaheim held on the
23rd day of August, 2005 by the follorving roll call vote:
AYES: Mayor Pringle, Council Members Sldhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: Nate
CITY OF ANAHEIM
f9y
ss/ Curt Pri
MAYOR OF E CITY OF ANAHEIM
ATTEST:
/
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