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HomeMy WebLinkAboutNS-1587BKS:ms 4/22/81 ORDINANCE NO. NS- 1587 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTION 36-136 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT FOOD VENDING VEHICLE SALES NEAR SCHOOL PROPERTY OR CROSSWALKS. ~ O£pT' THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION I: Section 36-136 of the Santa Ana Municipal Code is amended to read as follows: Sec. 36-136. Parking at certain places and fer certain purposes prohibited. (a) Parki.n~ ~or s.ale, etc,, when i.no~erative. No person shall park a vehicle upon any roadway fcr the principal purpose of displaying such vehicle for sale. No person shall p~rk, stop or leave standing any vehicle for a period of time longer than twelve (12) hours on any public street or highway in the city unless such vehicle is in a condition to be lawfully operated upon the public highways; and no person shall repair, dismantle, overhaul or do any mechanical work upon any vehicle on any part of any public street or highway in the city except to change rims, to replace flat tires or to make other emergency repairs to enable such vehicle to be moved to the proper place for mechanical work. (b) Parkin~ over 72 hours. No person who owns or has custody or control of any vehicle shall park or store such vehicle upon any street or alley for more t~an a consecutive period of seventy-two (72) hours. The chief of police is authorized to remove any vehicle from the roadway if such vehicle is parked or stored in violation of this subsection (b). (c) Parkin~ food vendin~ vehicle. No person shall park, stop or stand any wagon, cart or vehicle upon any part of any street of the city and leave the same stopped, parked or standing in any one location for a period of time longer tkan five (5) minutes for the purposes of selling or delivering any food or drink from such wagon, cart or vehicle, and no operator or person shall make a second stop after moving from the last place of parking, stopping or standing within a distance of fifty (50) feet of the last place of parking, stopping or standing; and no person shall park, stop or stand any wagon, cart or vehicle upon any part of any street of t~,e city for the purposes of selling any food or drink from such wagon, cart or vehicle within five hundred (500) feet of any school property during school hours or within two hundred (200) feet of any marked crosswalk. No person shall use any musical or other sound emitting device designed to attract customers while such wagon, cart, or vehicle is parked, stopped or standing in the manner and for the purposes described with this Section. The city council expresses its intent to permit the traditional delivery or vending of beverages and foods from wagons, carts or vehicles from house to house through the residential areas of the city, but declares its intention to prohibit any such conveyance being used as a store of stationary location for the sale of such wares upon the ORDINANCE NO. NS-1587 PAGE TWO streets of the city, said streets being for the primary purpose of providing trafficways for moving vehicles. (d) Parking on .left of one-way roadway. In the event the highway includes two (2) or more separate roadways and traffic is restricted to one direction upon such roadway, no person shall stop, stand or park a vehicle upon the left- hand side of such a one-way roadway. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution fc~r violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 6th day of July , 1981, by the fcllowing vote: AYES: COUNCILMEN: NOES: COUNCILMEN: Acosta, Bricken, Griset, Luxembourger, Markel, McGuigan, Serrato None ABSENT: COUNCILMEN: None ATTEST: MAYOR APPROVED AS TO FORM: Attorney