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7. Food uses open between 12 midnight and 5:00 a.m. within 150 feet of ~ residential property. 8. Banquet facilities. = Drive-through automated teller machines (ATM) as ancillary to a bank or other financial institution, provided, however, that no drive-through ATM shall be located within one hundred fifty (150) feet of residentially zoned property, measured from property line to property line." Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 16th day of July , 2001. Patricia A. McGuigan ~, \ Mayor Pro Tern APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: i ~ Be~a Ghiel ? in ssistant City Attorney Ordinance No. NS-2476 Page 2 of 3