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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