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<br />Chapter 5C, Title III, Part 2 of the Penal Code of the State of California <br />(commencing with Section 853.5). <br /> <br />Section 3. In adopting the amendments set forth in Section 1, the City Council <br />of the City of Santa Ana hereby finds, determines and declares as follows: <br /> <br />A. <br /> <br />Vending vehicles within the City of Santa Ana present public safety and <br />welfare concerns to the residents of Santa Ana, especially the children. <br /> <br />California Vehicle Code Section 22455(b) permits cities to adopt additional <br />requirements for vending vehicles for public safety. <br /> <br />The safety of children is a significant concern for the City of Santa Ana. <br /> <br />1. In California Vehicle Code Section 22456, the Legislature declared, <br />"motor vehicles engaged in vending ice cream and similar food <br />items in residential neighborhoods can increase the danger to <br />children." <br /> <br />Many of the vending vehicles in Santa Ana, not only ice cream <br />trucks, cater to children by offering toys and snack type items. As <br />such, children, often unsupervised, purchase items from the <br />vending vehicles. <br /> <br />Accidents have occurred as a result of pedestrians crossing the street <br />mid-block without regard for traffic to get to a vending vehicle. The risk to <br />pedestrians crossing the street mid-block at night is increased due to the <br />decreased visibility. <br /> <br />The purpose of this ordinance is to regulate a business being operated <br />within the City of Santa Ana; the purpose of this ordinance is not to <br />regulate vehicular traffic except to protect the public safety and welfare of <br />the residents as permitted by the Vehicle Code. <br /> <br />Separation of five hundred feet (500') from any school, park, community <br />center or playground facility is necessary to protect pedestrians and insure <br />the flow of vehicle traffic. <br /> <br />The City has received complaints that vending vehicles display <br />merchandise outside of their vehicle on the parkway, sidewalk and the <br />streets. <br /> <br />B. <br /> <br />C. <br /> <br />2. <br /> <br />D. <br /> <br />E. <br /> <br />F. <br /> <br />G. <br /> <br />1. <br /> <br />Streets are for the purpose of vehicular travel. California Vehicle <br />Code Section 590. <br /> <br />Merchandise or equipment in the streets impedes vehicular travel <br />and thus is a public safety hazard to other vehicles and <br />pedestrians. <br /> <br />Sidewalks are intended for pedestrian travel. As such, tables, <br />chairs, other furniture, trash receptacles, generators or equipment <br />placed within or upon the sidewalk impede pedestrian travel <br /> <br />2. <br /> <br />3. <br /> <br />11 8-4 <br /> <br />Ordinance No. NS-2655 <br />Page 4 of 7 <br />