2011 - 2020 (NS-2813 - NS-3000)
2017 (NS-2908 - NS-2934)
8/8/2017 3:01:32 PM
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ORDINANCE NO. NS -2922 <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 />AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD <br />VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE <br />SECTIONS 36-700 THROUGH 36-720) <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 previously adopted Article XIV in <br />Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal <br />Code sections 36-700 through 36-720). <br />B. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending <br />Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as <br />Santa Ana Municipal Code sections 36-50 through 36-63. <br />C. The later ordinances were challenged in an action filed in Orange County <br />Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The <br />Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 <br />preempted the City ordinances because the City regulations were not limited to <br />protecting public safety. <br />D. Following the Vasquez case, the City has not sought to enact or enforce <br />further regulation of food vending vehicles, even though Vehicle Code section <br />22455 allows a local authority to adopt additional requirements for mobile <br />vending which restricts the time, place and manner of vending in order to protect <br />the public safety. <br />E. In an effort to update the Santa Ana Municipal Code (SAMC), the City Council <br />hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles" (SAMC <br />section 36-700 through 36-720) as well as Division 3 of Article 1 in Chapter 36 <br />"Vending Vehicles" (SAMC section 36-50 through 36-63). <br />Section 2. In accordance with the California Environmental Quality Act, the <br />recommended action is categorically exempt from further review per section <br />Ordinance No. NS -2922 <br />Page 1 of 3 <br />
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