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5990ORDINANCE NO. 5990 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 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. 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. 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 3. 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 4. 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. V THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the23rd day of August , 2005, and thereafter passed and adopted at a regular meeting of said City Council held onl3ttday of Septembkcthe following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None MAYOR OF THE CITY OF ANAHEIM ATTEST: Cdi CLERK OF THE CITY OF ANAHEIM 59002.1 3 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am it citizen of the United States and a resident of the County at<)resaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal :�terk of the Anaheim Bulletin, a newspaper that ass been adjudged to be a newspaper of general �_irculation by the Superior Court of the County if Orange, State of' California, on December 28, 94 1. rase No. A 21021 in and fix the Cite of yn.thelin. County 1�f Change, State of California; iliath,- notice, o1 which the annexed is a true printed copy, has been published in each regular nd ertlre issue of ;aid newspaper and not in any >Upplement theren,ton the folloxvitlg dates. to r September 22, 20015 I (or dcdare) under flic penalty of neriur- under the i; w; of the State of California "jai dw foregoing !< true and correct 1-1,e'utt d at Sar-,ta Ina. Orange I ounty. �31 to=Ina. ren � - i )al= `>. ptember ? +Io, ewe ' 1i"nature 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 ORDINANCE N0. 5990 AN ORDINANCE OF THE CTY AMFpJf N 14.30.030 OF CHAPTER 14.30 OF 14 tPAL CODE RELATING TO SOLICITATIQN VEH ICLEOMP WHEREAS, the City Corm of the Cfi;y of Anaheim has hereYpfore adopted Chapter 14.30 of Tim 14 ofStaAnaheim Municipal Catepa certain to the soliolWion o sotidmtion of emmpl(ft►rejM, c coigns or alms from the occupants of any vehides m transit upon pu sbeet in the CtiY Of Anaheim WHEREAS, Section 14.30.030 of Chapter 14.30 of the Anaheim Municipal Code pro- vides certain exemptions to said prohibited aeftfies; and WHEREAS, one o mora non profit o ctreritable oganizatNxns h" historically annual- Iy solicited charftabls rmntrglutions to a r0arirter piherwfse prohibiad 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 orrgg�erniatten s) and such other non profit or charitable organizations which meet certain conditions and restrictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. 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-proltt corporation, organization or assodlation, subject to compliance w th the following requirements: .0401 Such qualified charitable or non-profit corporation, organization or asso- ciation shall obtain a certificate of exemption from the Anaheim Police Depart- ment. Such certificate shed) be issued within 72 hour 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 Inter- nal Revenue Code; 02 That the application is accompanied by a plan for review and approval by the Police DeppeRment (1) demonstrating that its solicitors will wear dis- tinctive and high y visible attire (such as garments or devices containing re - If a materials o sod of vivid and highly visible colors) for the pur- pose of increasing visiblily of such parsons 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. SEVERABILITY The City Council of the City of Anaheim hereby declares the should an act* sentence or word of this ordinance of the Code, hereby a be deciared for any reason to be invalid, it is the intent of the Council that it wouldd ave passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. 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 li- cense or penalty or the paned provisions applicable to any violation thereof. The provisions of this ordinance, Insofar as they are substantially the same as ordinance provisions previ- ously adopted by the City relating to the same subject matter, shall be construed as re- statements and continuations, and not as new enactments. SECTION 4. 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 parson, firm or corporation violating any provision of this ordinance or failing to comppl�yy with any of its requirements' shall be deemed guilty of a misdemeanor and upon conv)clion thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceed- ing six (6) months, or by both such fine and imprisonment. Each such person, firm or cor- poration 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 perm by such person, firm or corporation, and shall be punishable therefor as provid- ed for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun- cil of the City of Anaheim held on the 23rd day of August, 2005 and thereafter passed and adopted at a regular meeting of said City Council held on 13th day of September by the fol- lowing roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None ABSENT: None ABSTAIN: None /s/Curt Pringle MAYOR OF -THE CITY OF ANAHEIM ATTEST: /s/Sheryll Schroeder CITY CLERK OF THE CITY OF ANAHEIM Publish: Anaheim Bulletin September 22 2005 25-687 6811826