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I. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. The safety of children is a significant concern for the City of Santa Ana. 1. In California Vehicle Code Section 22456, the Legislature declared, "motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." Many of the vending vehicles in Santa Ana, not only ice cream trucks, cater to children by offering toys and snack type items. As such, children, often unsupervised, purchase items from the vending vehicles. Accidents have occurred as a result of pedestrians crossing the street mid- block without regard for traffic to get to a vending vehicle. The risk to pedestrians crossing the street mid-block at night is increased due to the decreased visibility. The purpose of this ordinance is to regulate a business being operated within the City of Santa Ana; the purpose of this ordinance is not to regulate vehicular traffic except to protect the public safety and welfare of the residents as permitted by the Vehicle Code. Separation of five hundred feet (500') from any school, park, community center or playground facility is necessary to protect pedestrians and insure the flow of vehicle traffic. The City has received complaints that vending vehicles display merchandise outside of their vehicle on the parkway, sidewalk and the streets. 1. Streets are for the purpose of vehicular travel. California Vehicle Code Section 590. C. 2. D. E. F. G. H. Merchandise or equipment in the streets impedes vehicular travel and thus is a public safety hazard to other vehicles and pedestrians. Sidewalks are intended for pedestrian travel. As such, tables, chairs, other furniture, trash receptacles, generators or equipment placed within or upon the sidewalk impede pedestrian travel causing pedestrians to seek another route which would not insure the pedestrian's safety. The hours of operation should be limited to the hours of 9:00 a.m. to 8:00 p.m. 1. The morning hours of operation were selected to help mitigate peak traffic times in the residential neighborhoods. The risk to pedestrians crossing the street mid-block at night is increased due to decreased visibility. Daily to allow parking spaces that would be occupied by vending vehicles to be utilized by residents for overnight parking. Noise restrictions are necessary for pedestrian safety as well as the peace and quiet enjoyment of the neighborhoods. Music and/or artificially generated noise 2. 3. 2. 3. Ordinance No. NS-2655 Page 4 of6