5618ORDINANCE NO. 5618
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTIONS 1.13.070, 4.08.090, 4.12.010, 4.12.060,
4.29.220, 4.82.150, 4.90.160, 4.97.180,
4.98.080, 6.04.100, 6.42.150, 6.44.170,
6.60.060, 7.24.080, 7.32.100, 9.04.080,
10.08.140, 10.18.160 AND 15.12;190 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PUNISHMENT
FOR CONVICTION OF MISDEMEANOR FOR VIOLATION OF
VARIOUS MUNICIPAL CODE PROVISIONS
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 1.13.070 of Chapter 1.13 of Title 1 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"1.13.070 MISDEMEANOR TO IMPERSONATE CORPS MEMBERS -PENALTY.
It shall be a misdemeanor, punishable in the manner
provided in Section 1.01.370, for any person not a member of the
Corps:
.010 To wear, display, or carry, as the case may be, any items
which shall have been issued to any member of the Corps; or
.020 To represent, identify or hold himself out, in any manner
whatsoever to be a member of the Corps or to have any connection with
the Corps."
SECTION 2.
That Section 4.08.090 of Chapter 4.08 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.08.090 NONCONFORMING SIGNS A NUISANCE--ABATEMENT--VIOLATIONS--
PENALTIES.
In the event any person should place any sign in violation
of the provisions of this chapter, such sign is hereby declared to be
unlawful and a public nuisance, and the City Attorney of the City of
Anaheim shall, upon order of the City Council of the City of Anaheim,
immediately commence action or actions, proceeding or proceedings,
for the abatement and removal and enjoinment thereof in the manner
provided by law, and shall take such other steps and shall apply to
such court or courts as may have jurisdiction to grant such relief as
will abate and remove such sign and restrain and enjoin any such
person from continuing such sign in place or placing any sign
contrary to the provisions of this chapter.
Any person, whether as principal, agent, employee or
otherwise, violating any of the provisions of this chapter shall be
guilty of a misdemeanor and upon conviction thereof shall be punished
in the manner provided in Section 1.01.370. Such person shall be
deemed guilty of a separate offense for each and every day during any
portion of which any violation of this chapter is committed,
continued or permitted by such person, and shall be punishable as
herein provided.
The remedies provided for herein shall be cumulative and
not exclusive."
SECTION 3.
That Section 4.12.010 of Chapter 4.12 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.12.010 PINBALL MACHINES PROHIBITED -DEFINED_
Every person who manufactures, owns, stores, keeps,
possesses, sells, rents, leases, lets on shares, lends or gives away,
transports or exposes for sale or lease or offers to sell, rent,
lease, let on shares, lend or give away or who permits the operation
of or permits to be placed, maintained, used or kept in any room,
space or building owned, leased or occupied by him or under his
management or control, any pinball or marble machine or device as
hereinafter defined, and every person who makes or permits to be made
with any person any agreement with reference to any machine or
device, as hereinafter defined, pursuant to which the user thereof as
a result of any element of chance or other outcome unpredictable to
him, may become entitled to receive any money, credit, allowance, or
thing of value or additional chance or right to use such machine or
device, or to receive any check, slug, token or memorandum entitling
the holder to receive any money, credit, allowance or thing of value,
is guilty of a misdemeanor and shall be punished in the manner
provided in Section 1.01.370. Any machine, apparatus or device is a
pinball or marble machine or device within the provisions of this
section if it is one that is adapted, or may readily be converted
into one that is adapted, for use in such a way that, as a result of
the insertion of any piece of money or coin or other object such
machine or device is caused to operate or may be operated and by
reason of any element of chance or of other outcome of such operation
unpredictable by him, the user may receive or become entitled to
receive any piece of money, credit, allowance or thing of value, or
any check, slug, token or memorandum, whether of value or otherwise,
which may be exchanged for any money, credit, allowance or thing of
value, or which may be given in trade, or the user may secure
additional chances or rights to use such machine, apparatus or
device, irrespective of whether it may, apart from any element of
chance or unpredictable outcome of such operation, also sell, deliver
or present some merchandise, indication of weight, entertainment or
other things of value."
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SECTION 4.
That Section 4.12.060 of Chapter 4.12 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.12.060 POSSESSION OR CONTROL OF PINBALL MACHINE -PENALTIES.
It is further expressly provided that every person who has
in his possession or under his control, either as owner, lessee,
agent, employee, mortgagor or otherwise, or who permits to be placed,
maintained or kept in any room, space, enclosure or building owned,
leased or occupied by him, or under his management or control,
whether for use or operation or for storage, bailment, safekeeping or
deposit only, any pinball machine or marble machine of the type and
character described in Sections 4.12.010 and 4.12.020, is guilty of
a misdemeanor, punishable in the manner provided in Section 1.01.370,
even though such person claims that such device is a game of
amusement only and that there is no return of any kind to the
player."
SECTION 5.
That Section 4.29.220 of Chapter 4.29 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.29.220 VIOLATION AND PENALTY.
Violation of this chapter is a misdemeanor and is
punishable in the manner provided by Section 1.01.370. Revocation of
a license or certificate shall not be a defense against prosecution.
Any massage establishment operated, conducted, or
maintained contrary to the provisions of this chapter shall be, and
the same is hereby declared to be, unlawful and a public nuisance,
and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement, removal and enjoinment
thereof, in the manner provided by law."
SECTION G.
That Section 4.82.150 of Chapter 4.82 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.82.150 NEWSRACK VIOLATIONS --MISDEMEANOR.
Notwithstanding the provisions of Sections 4.82.050 and
4.82.060, violations of this Chapter 4.82 shall be a misdemeanor, and
any person convicted of such misdemeanor shall be punished in the
manner provided in Section 1.01.370. Each day that such violation is
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committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder.
In any prosecution charging a violation of any provision of
this Chapter 4.82, proof by People of the State of California that
the particular newsrack described in the complaint was installed,
used or maintained, or caused to be installed, used or maintained, in
violation of any provision of this chapter, together with proof that
the defendant named in the Complaint was at the time of such
installation, use, or maintenance, the person whose name, address,
and phone number appeared on the newsrack pursuant to the
identification requirements of subsection (I) of Section 4.82.040
and/or the location registration requirements of Section 4.82.020,
shall constitute prima facie evidence that the newsrack was under the
supervision and control of such person at the time of the violation,
but shall not be prima facie evidence that such person violated the
provision alleged in the complaint."
SECTION 7.
That Section 4.90.160 of Chapter 4.90 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.90.160 VIOLATION AND PENALTY_
Violation of this chapter is a misdemeanor and is
punishable in the manner provided in Section 1.01.370. Revocation of
a license or certificate shall not be a defense against prosecution.
Any Escort Bureau or Introductory Service operated,
conducted, or maintained contrary to the provisions of this chapter
shall be, and the same is hereby, declared to be unlawful and a
public nuisance and the City Attorney may, in addition to or in lieu
of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law."
SECTION 8.
That Section 4.97.180 of Chapter 4.97 of Title 4 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"4.97.180 VIOLATION AND PENALTY.
Violation of this chapter is a misdemeanor and is
punishable in the manner provided in Section 1.01.370. Revocation of
a license or certificate shall not be a defense against prosecution.
Any dance studio or social studio establishment operated,
conducted, or maintained contrary to the provisions of this chapter
shall be, and the same is hereby declared to be, unlawful and a
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public nuisance and the City Attorney may, in addition to or in lieu
of prosecuting a criminal action hereunder, commence an action or
actions, proceeding or proceedings, for the abatement, removal and
enjoinment thereof, in the manner provided by law."
SECTION 9.
That Section 4.98.080 of Chapter 4.98 of Title 4 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
"4.98.080 PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor and shall, upon conviction
thereof, be punished in the manner provided in Section 1.01.370.
Failure of a permittee to conform to all applicable provisions of
this chapter shall constitute ground for denial of a subsequent
permit under this chapter."
SECTION 10.
That Section 6.04.100 of Chapter 6.04 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"6.04.100 PENALTY FOR VIOLATIONS.
It shall be a misdemeanor, punishable in the manner
provided in section 1.01.370, for any person, during an emergency,
to:
.010 Wilfully obstruct, hinder, or delay any member of the
emergency organization in the enforcement of any lawful rule or
regulation issued pursuant to this chapter or in the performance of
any duty imposed upon him by virtue of this chapter;
.020 Do any act forbidden by a lawful rule or regulation issued
pursuant to this chapter, if such act is of such a nature as to give
or be likely to give assistance to the enemy or to imperil the lives
or property of inhabitants of this City, or to prevent, hinder, or
delay the defense or protection thereof;
.030 Wear, carry, or display, without authority, any means of
identification specified by the emergency agency of the State."
SECTION 11.
That Section 6.42.150 of Chapter 6.42 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
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116.42.150 PENALTY FOR VIOLATIONS.
Any person who violates any of the provisions of this chapter is
guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370. Failure of a
permittee to conform to all applicable provisions of this chapter
shall constitute grounds for denial of a subsequent permit under this
chapter."
SECTION 12.
That Section 6.44 .170 of Chapter 6.44 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"6.44.170 PENALTY FOR MAINTAINING NUISANCE.
.010 The owner or occupant of a lot or premises within the City
who permits or allows the existence of a public nuisance as defined
in this chapter upon a lot or premises owned, occupied or controlled
by him, or who violates this chapter, is guilty of a misdemeanor,
except for violations of this chapter which have been deemed to be
infractions.
.020 A misdemeanor under this chapter shall be punishable in the
manner provided in Section 1.01.370.
.030 An infraction under this chapter shall be punishable by a
fine not to exceed Two Hundred Fifty Dollars ($250.00)."
SECTION 13.
That Section 6.60.060 of Chapter 6.60 of Title 6 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"6.06.060 FAILURE TO ABATE NUISANCE -PENALTY.
Any record owner or any person occupying or otherwise in
control or possession of any premises upon which there exists a
breeding place of flies who, after service upon him of the written
notice from the Orange County Mosquito Abatement District, as set
forth in Section 6.60.050, refuses or neglects to abate such nuisance
or to perform all work necessary, including the extermination of
adult flies and the control of fly breeding, to prevent its
recurrence in accordance with and within the time specified in such
written notice, and any person or record owner who fails to remove
all manure from the premises as and when required by Section
6.60.011, and any person placing fly breeding matter on land as
prohibited by Section 6.60.012, shall be guilty of a misdemeanor and
upon conviction thereof shall be punished in the manner provided in
Section 1.01.370."
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SECTION 14.
That Section 7.24.080 of Chapter 7.24 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"7.24.080 VIOLATION AND PENALTY.
.010 Violation of this chapter is a misdemeanor and is
punishable in the manner provided in Section 1.01.370.
.020 Any handbills distributed on public property in violation
of Section 7.24.030 may be removed by any duly authorized employee of
the City of Anaheim. In the event that such handbills are removed by
an employee of the City of Anaheim, the person responsible for
distributing such handbills and/or the person or entity directing,
controlling, employing or hiring the handbill distributor shall be
liable to the City of Anaheim for the cost of cleaning up such
handbills in addition to any other penalties provided by law."
SECTION 15.
That Section 7.32.100 of Chapter 7.32 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
117.32.100 PENALTY.
Any person violating or failing to comply with any of the
provisions of this chapter is guilty of a misdemeanor and shall be
punished in the manner provided in Section 1.01.370. Each such
person is guilty of a separate offense for each and every day during
any portion of which any violation of the provisions of this chapter
is committed."
SECTION 16.
That Section 9.04.080 of Chapter 9.04 of Title 9 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"9.04.080 PENALTY FOR VIOLATIONS.
Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating any of the provisions of this
chapter shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished in the manner provided in Section 1.01.370. Such
person, firm or corporation shall be deemed guilty of a separate
offense for each and every day during any portion of which any
violation of this chapter is committed, continued or permitted by
such person, firm or corporation, and shall be punishable as herein
provided.
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of the
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provisions of this chapter shall be deemed a public nuisance and may
be, by this City, summarily abated as such, and each day such
condition continues shall be regarded as a new and separate offense."
SECTION 17.
That Section 10.08.140 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"10.08.140 PENALTIES.
.010 No person shall wilfully break, damage, destroy, uncover,
deface or tamper with any structure, appurtenance or equipment which
is a part of the sewage works.
.020 Any person found to be in violation of any provision of
this chapter except Section 10.08.140.010 shall be served by the City
with written notice stating the nature of the violation and providing
a reasonable time limit for the satisfactory correction thereof. The
offender shall, within the period of time stated in such notice,
permanently cease all violations.
.030 Any person who shall continue any violation beyond the time
limit provided for in Section 10.08.140.020 shall be guilty of a
misdemeanor, and on conviction thereof shall be punished in the
manner provided in Section 1.01.370. Each day in which any such
violation shall continue shall be deemed a separate offense.
.040 Any person violating any of the provisions of this chapter
shall become liable to the City for any expense, loss or damage
occasioned the City by reason of such violation.
.050 The Engineer shall have the power to temporarily shut off
any premises from the use of the public sewerage system and/or any
municipal industrial waste pipeline of the City where the occupant or
user of such premises is placing in such public sewerage system
and/or municipal industrial waste pipeline substances in violation of
this chapter. The Engineer shall report the circumstances of such
shut-off to the City Council at its next regular meeting following
such shut-off.
.060 In the event that any person deposits any substances in any
public sewer, sewer pipe, manhole, septic tank connected with the
public sewerage system or municipal industrial waste pipeline within
the City in violation of the provisions of this chapter, in addition
to any other penalties provided by this chapter, such person shall
pay the City for the damage caused thereby and for the cost of any
cleaning of any portion of said public sewerage system and/or
municipal industrial waste pipeline made necessary by reason thereof.
The Engineer shall determine the amount of such damage and costs and
shall deliver to the occupant of the premises wherein said substances
were placed or deposited in said public sewer, sewer pipe, manhole,
septic tank connected with the public sewerage system or municipal
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industrial waste pipeline, a statement of the same. In the event that
such occupant fails to pay the same within fifteen days after such
delivery of statement, the Engineer shall notify the City Council.
Thereupon the City Council shall cause a notice to be sent by the
City Clerk by registered United States mail to the occupant of said
premises at least ten days previous to a hearing on the amount of
such damage and costs as determined by the Engineer. At such hearing
the City Council shall take evidence upon the extent of such damage
and costs and determine whether the same as determined by the
Engineer is correct. If the Council finds the determination of the
Engineer is incorrect, it shall correct the same and fix the correct
amount. After correcting the determination of the Engineer or
affirming the same if it finds it to be correct, the City Council
shall thereupon give said occupant fifteen days in which to pay said
costs and damages and if the same are not paid within said fifteen
days, then the City Council shall shut off said premises from the use
of the public sewerage system and municipal industrial waste
pipelines of the City. The hearing upon determining the amount of
such damages and costs, as herein provided, shall be public, and the
said occupant shall be entitled to be represented by an attorney. The
decision of the City Council determining the amount of such costs and
damages shall be final and conclusive.
.070 (Repealed by 5040, 7/25/89)"
SECTION 18.
That Section 10.18.160 of Chapter 10.18 of Title 10 of the Anaheim
Municipal Code be, and the same is hereby, amended to read as
follows:
"10.18.160 WILFUL MISREPRESENTATIONS.
Notwithstanding any other provision of law, and in addition
thereto, and not in lieu thereof, any person or entity who willfully
misrepresents a material fact to the Department for the purpose of
securing relief from the provisions of this chapter for any Customer
shall be guilty of a misdemeanor. A violation of this section shall
be punishable in the manner provided in Section 1.01.370."
SECTION 19.
That Section 15.12.190 of Chapter 15.12 of Title 15 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as
follows:
"15.12.190 PENALTY FOR VIOLATIONS.
Any person, firm or corporation, whether as principal,
agent, employee or otherwise, violating any of the provisions of this
chapter shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished in the manner provided in Section 1.01.370. Such
person, firm or corporation shall be deemed guilty of a separate
offense for each and every day during any portion of which any
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violation of this chapter is committed, continued or permitted by
such person, firm or corporation, and shall be punishable as herein
provided.
In addition to the penalties hereinabove provided, any
condition caused or permitted to exist in violation of any of the
provisions of this chapter shall be deemed a public nuisance and may
be, by this City, summarily abated as such, and each day such
condition continues shall be regarded as a new and a separate
offense."
SECTION 20. 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 21. 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 22. 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.
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THE FOREGOING ORDINANCE is
Council of the City of Anaheim this
ATTEST
CITY CLERK OF THE CITY OF ANAHEIM
0023844.01
11
approved and adopted by the City
21st day of Ocppber 1997
MAYOR OF THE CI OF AN IM
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. 5618 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 7th day of October, 1997, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 21st day of October, 1997, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5618 on the 21 st day of October, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 21st day of October, 1997.
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. 5618 and was published once in the North County News on
the 30th day of October, 1997.
CITY CLERK OF THE CITY OF ANAHEIM