HomeMy WebLinkAboutNS-1656 Not AdoptedORDINANCE NO. NS- 1656
KMD/fm
9/14/8~Z
AN ORDINANCE OF THE CITY OF SANTA
AMENDING THE SANTA ANA MUNICIPAL
BY ADDING ARTICLE X TO CHAPTER 3~
SISTING OF SECTIONS 36-450 THRO
INCLUSIVE, PROHIBITING C
BY ICE CREAM TRUCKS.
CON-
36-455,
DNS
THE CITY COUNCIL OF THE
ORDAIN AS FOLLOWS:
OF SANTA ANA DOES
SECTION 1: That
is hereby amended by adding
article shall read as
Santa Ana Municipal Code
:le X to Chapter 36, which
ARTICLE X. ICE
TRUCKS
Sec. 36-450.
Cream trucks; purpose and intent.
The city
which ice cream and o
for purposes of reta
special dangers to
children and
purpose and
Aha, by adoption
defined in this
of public peace
traffic and
expressly finds that vehicles in
frozen dessert products are carried
sale on the public streets pose
public health, safety and welfare of
in the City of Santa Ana. It is the
the City Council of the City of Santa
this article, that ice cream trucks, as
, be regulated for the preservation
safety and welfare and the prevention of
hazards.
36-451. Definitions.
used in this article:
(a) Ice Cream Truck means any vehicle, as that
term is .ned in the California Vehicle Code in which ice
cream, milk, popsicles, sherbets, frozen yogurt or
fr( products of any kind comprise the bulk of the
vehic stock and are carried for purposes of retail sale
on a public street, alley or highway within the City of
Ana.
ORDINANCE NO. NS-1656
Page two
(b) Vend or Vending means delivering
ice cream, ice milk, popsicles, sherbets, forzel
or frozen dessert products of any kind for sal
vehicle on city streets, alleys or highways.
offering
products
from a motor
(c) Frozen Dessert Product incl
ice milk, popsicle, sherbet, frozen
of any kind.
any ice cream,
frozen dessert
(d) Person means any
ship, association or corporation,
limited to, owners, operators,
of ice cream trucks.
and
person, firm, partner-
.ncludes, but is not
lessors and lessees
Sec. 36-452.
conduct:
No person shall vend
is stopped, parked or standinc
or highway:
(a) Within five
dentially developed
(b) Within fi
property between the
day when school is in
crosswalk;
(c)
an ice cream truck which
any public street, alley
(500) feet of any resi-
hundred (500) feet of any school
of 6:30 a.m. and 6:00 p.m. on any
;
two hundred (200) feet of any marked
(d)
street, alley or
the posted speed limit on the public
is 35 miles per hour or greater;
(e)
of any other
limited to,
the ice cream truck is parked in violation
of this Code, including, but not
36-136(c).
to p
vehicle
When any part of the ice cream truck is open
customers other than on.the side of the
the street, alley or highway;
hic
(g) When the ice cream truck is not stopped,
standing on the right side of the streeb, alley or
(h) When the prospective customer is standing or
sitting in another vehicle; or
ORDINANCE NO. NS-1656
Page three
(i) When the prospective customer is located
that portion of the street, alley or highway which is
to vehicular traffic.
Den
Sec. 36-453.
Musical or sound emittin¢
No person shall use any musical or
or amplifying device designed to attract
ice cream truck is vending, whether the veh~
stopped, standing or moving.
emitting
while an
is parked,
Sec. 36-454. Backing of ice
restricted
trucks
No person shall back an i(
attempt a sale.
cream truck to make or
Sec. 36-455. Conduct as a nuisance
Any ice cream truck Derated contrary to the
provisions of this article be and the same is hereby
declared to be unlawful public nuisance and the city
attorney may, in addi~ior or in lieu of prosecuting a
criminal action hereund~ commence an action or actions,
proceeding or proceedil for the abatement, removal or
enjoinment thereof, the manner provided by law, and shall
take such other and shall apply to such court or
courts as may have to grant such relief as will
abate or remove si establishment and restrain and enjoin
ORDINANCE NO. NS- 1656
Page four
any person from operating an ice cream trUck contrary to
the provisions of this Article.
ADOPTED this day of / , 1982.
ATTEST: GO,KEN, Mayor
JANICE C. GUY, Clerk of the Co~cil
COUNCILMEMBERS:
Bricken
Luxembourger ' 5 / APPROVED AS TO FORM:
Acosta
Serrato
Griset ~ - -
Mc OOPER,Eity Attorney