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ORDINANCE NO. NS-2702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING SECTION 36-461.1 TO THE SANTA ANA MUNICIPAL CODE RELATING TO HOURS OF OPERATION FOR ICE CREAM TRUCKS OPERATING ON CITY STREETS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Section 36.461.1 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-461.1. Hours of Operation. Vending from an ice cream truck, whether of a frozen dessert product or of any other good or product, shall only occur between the hours of 9:00 a.m. to 8:00 p.m. daily. Section 2. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A. The Request for Council Action for this ordinance dated October 17, 2005, and Ordinance NS-2655 shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. B. Sections 22455 and 22456 of the Vehicle Code of the State of California authorize a city to regulate the sales of goods and products from motor vehicles, particulary ice cream trucks as therein defined, and the Legislature has explicitly found "that motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." C. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. D. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-186 will be filed for this project. Ordinance No. NS-2702 Page 1 of 3 11 B-1