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ORDINANCE NO. NS-XXXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1. <br />OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA <br />MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63); <br />REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD <br />VENDING VEHICLES' (SANTA ANA MUNICIPAL CODE <br />SECTIONS 36-700 THROUGH 36-720); AND ADOPTING <br />THE NEW FOOD VENDING VEHICLE ORDINANCE IN <br />CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The City Council of the City of Santa Ana expressly finds that vending <br />vehicles pose traffic hazards and special danger to the safety and welfare <br />of children and residents of the City. The City's intent is to provide clear <br />and concise regulations to ensure safety and prevent traffic hazards, as <br />well as preserve the peace, safety and welfare of the community. <br />B. The City Council of the City of Santa Ana previously adopted Article XIV in <br />Chapter 36 "Food Vending Vehicles' in December 1994 (Santa Ana <br />Municipal Code sections 36-700 through 36-720). <br />C. The City Council later adopted Division 3 of Article 1 in Chapter 36 <br />"Vending Vehicles" in 2004 and 2005 (Ordinances NS-2655 and NS-2701) <br />codified as Santa Ana Municipal Code sections 36-50 through 36-63. <br />D. The later ordinances were challenged in an action filed in Orange County <br />Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450), <br />The Court ruled for the plaintiffs, finding that California Vehicle Code <br />section 22455 preempted the City ordinances because the City <br />regulations were not limited to protecting public safety. <br />E. Fallowing the Vasquez case, the City has not sought to enact or enforce <br />further regulation of food vending vehicles, even though Vehicle Code <br />section 22455 allows a local authority to adopt additional requirements for <br />mobile vending which restricts the time, place and manner of vending in <br />order to protect the public safety. <br />Exhibit-3 <br />Ordinance No. NS-XXXX <br />Page 1 <br />11 A-23 <br />