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HomeMy WebLinkAboutNS-1710 - Amending Santa Ana Municipal Code by Adding Section 36-43 Thereto Prohibiting Commercial Advertising Noise on Public Streets ...EJC:mb 12/07/83 ORDINANCE NO., NS- 1710 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY ADDING SECTION 36-43 THERETO PRO- HIBITING COMMERCIAL ADVERTISING NOISE ON PUBLIC STREETS AND ADDING ARTICLE X TO CHAPTER 36, CONSISTING OF SECTIONS 36-450 THROUGH 36-464 INCLUSIVE, REGU- LATING THE OPERATION OF ICE CREAM TRUCKS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 36-43, which said section reads as follows: Sec. 36-43. Amplification devices. No driver of a vehicle shall operate or permit operation of any radio system, loudspeaker, ~o~ other noise device intended to make sound audible outside the vehicle when the vehicle is ~being operated upon a~y street and the purpose of such sound is to advertise for commercial purposes. SECTION 2: The City Council finds and determines that commercial vehicles operating on city streets with sound amplifying equipment which produces sound audible outside such vehicles are detrimental to the public health, welfare and safety. SECTION 3: That the Santa Ana Municipal Code is hereby amended by adding Article X to Chapter 36, which article shall read as follows: ARTICLE X. ICE CREAM TRUCKS Sec. 36-450. Ice Cream Trucks; purpose and intent. The City Council expressly finds that vehicles in which ice cream, confections and other frozen dessert products ORDINANCE NO. NS- 1710 Page two are carried for purposes of retail sale on the public streets pose special dangers to the public health, safety and welfare of children and residents in the City of Santa Ana. It is the purpose and intent of the City Council, in enacting this article, to provide responsible companies and individuals who engage in the operation of ice cream trucks with clear and concise regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community. Sec. 36-451. Definitions. As used in this article: (a) Ice Cream Truck means any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales on any public street, alley or highway within the City of Santa Ana of ice cream, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products and confections of any kind. The inventory of these vehicles is not necessarily limited to ice cream, confections or frozen dessert products. (b) Frozen Dessert Product includes ice cream, ice milk, popsicles, frozen yogurt, confections and chilled desserts of any kind. (c) Person means any natural person, firm, partnership, association, corporation, stockholder and includes, but is not limited to, owners, operators, drivers, lessors and lessees of ice cream trucks. (d) Vend or Vending means offering frozen dessert products of any kind for sale from a motor vehicle on a street, alley, highway or public place within the City of Santa Ana and includes the movement or standing of an ice cream truck for the purpose of searching for, obtaining or soliciting retail sales of frozen dessert products. (e) Ice Cream Vendor shall mean any person, as defined in this article, who (1) conducts or permits or causes the operation of ice cream trucks; (2) owns, operates, controls, manages or leases ice cream trucks; ~or (3) contracts with persons to drive and vend from ice cream trucks. ORDINANCE NO. NS- 1710 Page three (f) Operator shall mean any person who drives, operates or vends from an ice cream truck and shall include the driver and assistant on each ice cream truck. (g) Vendor's Permit shall mean a permit issued by the City of Santa Ana authorizing the holder thereof to engage in the business of ice cream vending. (h) Operator's Permit shall mean the permit issued to any person who drives or operates an ice cream truck, vends, sells or assists in selling products from an ice cream truck. (i) Safety Inspection Sticker shall mean a sticker affixed to an ice cream truck evidencing that it has been inspected by the Santa Ana Police Department and found to be in safe operating condition. Sec. 36-452. PERMIT REQUIRED (a) No person shall operate or cause the operation of an ice cream truck in the City of Santa Ana without a vendor's permit issued pursuant to the provision of this article and any othe~ license.or permit required under any other chapter of this code for each and every ice cream truck. (b) No person shall drive or vend from any vehicle defined as an ice cream truck in the City of Santa Ana without an operator's permit issued pursuant to the provisions of this article. Sec. 36-453. PE~IT TERM AND RENEWAL The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the permit for additional one (1) year terms by submitting new applications in conformance with sections 36- 454 and 36-455 together with such permit renewal fee as may be established by resolution of the City Council. Sec. 36-454. APPLICATION FOR ICE CREAM VENDOR PERMIT; CONTENTS; REQUIRED FEE. (a) Any person desiring to obtain a permit to ORDINANCE NO. NS- 1710 Page four operate or cause the operation of one or more ice cream trucks shall make application to the chief of police or his designated representative. Prior to submitting such appli- cation a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee requi~r~d under any other chapter of this Code. (b) Neither the filing of an application for a permit, nor tke payment of an application fee, shall authorize the vending from, operation or management of an ice cream truck until such permit has been granted or renewed. (c) Each applicant for a permit to conduct business as an ice cream vendor shall furnish the following information: (1) The present or proposed address from which the business is to be conducted; (2) The full true name under which the business will be conducted; (3) The full true name and any other names used by the applicant; (4) The present residence and business addresses and telephone numbers of the applicant; (5) A description of the merchandise which the ice cream trucks will vend; (6) The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle; (7) A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles; ORDINANCE NO. NS- 1710 Page five (8) A policy of insurance in the manner and form required by this article from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California; (9) The full true names and residence addresses of all persons employed or intended.to.be employed or with whom the applicant has contracted or intends to contract as drivers, operators or attendants; (10) Certification, from the Santa Ana Police Department, evidencing that each and every ice cream truck to be owned, operated or controlled by the applicant has, within two months prior to the date the applicaton is received by the Chief of Police, passed a safety inspection and is eligible for the issuance of a safety inspection sticker. (11) The applicant, if an individual; or each of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or each of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from ice cream trucks, shall also furnish the following information: ((a)) California driver's license or identification number of the above-described natural persons; ((b)) Date of birth of the above-described natural person; ((c)) The permit history of the above-described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; ((d)) Ail criminal convictions suffered by the above-described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction; ORDINANCE NO. NS- 1710 Page six (12) The applicant, if other than an in- dividual, shall also furnish the following information: ((a)) Each business address of the applicant for the three-year period immediately preceding the date of the applicatio~ and' the inclusive dates of each such business; ((b)) The nature of the business or firm for the three-year period immediately preceding the date of the application; ((c)) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; ((d)) Ail criminal convictions suffered by the applicant including ordinance violations, stating the date, place, nature and sentence of each such conviction; (13) Such other identification and/or information as the chief of police or his designated representative may require in order to discover the truth the matters required to be set forth in the application. (d) The applicant, if a natural person or, if the applicant is a partnership or corporation, the designated responsible managing officer, shall personally appear at the police department of the City of Santa Ana and produce proof that the required application fee has been paid and shall present the application containing the information and supporting documentation required by subsection (c) of this section; (e) When any change occurs regarding the written information required by subsection c of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the chief of police within two weeks after such change; ORDINANCE NO. NS- 1710 Page seven Sec. 36-455. APPLICATION FOR OPERATOR'S PERMIT; CONTENTS; REQUIRED FEE (a) Any person desiring to obtain an operator's permit for an ice cream truck shall make application to the chief of police or his designated representative. Prior to submitting such application a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this Code. (b) Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from or operation or management of an ice cream truck until such permit has been granted or renewed. (c) Each applicant for an operator's permit shall furnish the following information: (1) The present or proposed address from which the business is to be conducted; (2) The full true name under which the business will be conducted; (3) The full true name and any other names used by the applicant; (4) The present residence address and telephone number of the applicant; (5) California driver's license number of the applicant; (6) Acceptable written proof that the applicant is at least eighteen (18) years of age; (7) The applicant's h~ight, weight, color of eyes and hair, and date of birth; ORDINANCE NO. NS- 1710 Page eight (8) Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six-month period immediately preceding the date of the application; (9~) The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application; (10) The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; (11) Ail criminal convictions suffered by the applicant, including ordinance violations, and traffic offenses; (12) Acceptable written proof that the applicant is insured under a policy of insurance in the manner and form required by this article from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California; (13) Certification from the Santa Ana Police Department that the applicant has successfully completed, within two months of the date the application is received by the Chief of Police, a special training course in traffic safety, based upon a curriculum devised and carried out by the Santa Ana Police Department; (14) Such other identification and/or information as the Chief of Police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application; (d) The applicant shall personally appear at the police department of the City of Santa Ana and produce proof that the required application ORDINANCE NO NS-1710 Page nine fee has been paid and shall present the application containing the information and supporting docu- mentation required by subsection (d) of this section. (e) When any change occurs regarding the written information required by subsection (d) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the chief of police within two weeks after such change. (f) If the applicant is an individual who intends to own, operate and drive his or her own ice cream truck, it is not necessary to pay a separate fee for the operator's permit application. Sec. 36-456. INVESTIGATION OF APPLICATIONS The chief of police shall have a reasonable period of time in which-ho investigate the appli- cation and background of the applicant for a vendor's permit or an ,operator's permit. The chief of police, or his representative, shall, within thirty (30) days after the date of the filing of the application, render a written recommendation to the city manager, as to approval or denial of the application for the permit or renewal thereof. Sec. 36-457. ISSUANCE OF PERMIT The city manager, within ten (10) days after receiving the application and aforementioned recommendation from the chief of police, shall grant the vendor's permit or operator's permit only if he finds that all of the following requirements have been met: (a) The required fees have been paid; (b) The application conforms in all respects to the provisions of this chapter; (c) The applicant has not knowingly made a material misrepresentation of fact in the application; ORDINANCE NO. Page ten NS- 1710 (d) The applicant has fully cooperated in the investigation of the application; (e) The applicant if an individual; or any of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from an ice cream truck or a natural person employed or contracted with to be a driver has not been convicted or pleaded nolo contendere or guilty within five (5) years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health Safety Code ~ 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or in the case of applications for an operator's permit, alcohol or drug-related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in section 11105 of the California Penal Code. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. Sec. 36-458. DENIAL OF PERMIT (a) If the city manager does not find that all of the requirements set forth in Sections 36- 454(c) or 36-455(c) have been met, he shall deny the application for vendor's or operator's permit. In the event the application for the permit is denied by the city manager, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally ORDINANCE NO. NS-1710 Page eleven served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit. (b) Any applicant whose application for an ice cream vendor or operator's permit has been denied by the City Manager may appeal such denial to the City Manager, as provided by Chapter 3 of this Code. Sec. 36-459. REVOCATION OF PERMIT. (a) Any vendor's or operator's permit may be suspended or revoked by the City Manager or his designated representative for any of the following reasons: (1) Falsehood of any information supplied by the permittee upon which issuance of the permit was based; (2) Failure of the permittee to notify the Chief of Police within two (2) weeks, of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based; (3) Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in sections 36-457 through 36-463, inclusive; (4) Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from ice cream truck pursuant to the permit. (5) Violation by the permittee of any offense set forth in section 36-457(c). ORDINANCE NO. NS-1710 Page twelve (b) No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Chapter 3 of this Code. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired. (c) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one (1) year following such revocation. Sec. 36-457. ICE CREAM TRUCK REGULATIONS. (a) Each ice cream truck shall have a current, valid County of Orange health inspection sticker affixed to the lower right side of the windshield and a current, valid Santa Ana Police Department inspection sticker affixed to the left side of the rear of the ice cream truck. (b) Each individual who drives, operates or vends from an ice cream truck shall have on his person a current, valid California Driver's License, which he shall make available for inspection by law enforcement officials upon request. (c) Each operator's permit holder shall be issued an identification card which will also serve as the operator's permit. The permit holder shall wear or carry such card in a visible position upon his or her person at all times while vending from an ice cream truck, and shall produce the same for inspection upon request. Each permit holder shall immediately surrender to the Chief of Police any operator's permit issued by the City of Santa Ana upon the suspension, revocation or expiration of such permit or upon leaving employment as an ice cream truck operator. ORDINANCE NO. NS- 1710 Page thirteen Sec. 36-458. PROHIBITED CONDUCT. (a) No person shall vend from an ice cream truck which is stopped, parked or standing on any public street, alley or highway: (1) Within five hundred (500) feet of any school property, park, playground or recreational facility; (2) When the posted speed limit on the public street, alley or highway is thirty-five (35) miles per hour or greater; (3) When the ice cream truck is parked in violation of any other provision of this Code, including, but not limited to, Section 36-136(c), or the California Vehicle Code; (4) When any part of the ice cream truck is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway; (5) When the ice cream truck is not stopped, parked or standing on the right side of the street, alley or highway; (6) When the prospective customer is standing or sitting in another vehicle; or (7) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic. (b) No person shall back an ice cream truck to make or attempt a sale. (c) No minor shall ride in or on an ice cream truck. (d) No more than two (2) individuals shall be in or on a vending ice cream truck. ORDINANCE NO. NS- 1710 Page fourteen Sec. 36-459. INSURANCE PROVISIONS. (a) It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any ice cream truck in the City of Santa Ana unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each ice cream truck, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of California, which policy shall conform in all respects to the requirements of this chapter. (b) The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any ice cream truck with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property growing out of the maintenance, operation or ownership of any ice cream truck in an amount of one million dollars ($1,000,000.00), combined single limit, no aggregate. (c) Every insurance policy and every certificate of motor vehicle liability insurance filed within the City pursuant to the provisions of this chapter shall contain the following endorsements: (1) It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 36, article X of the Santa Ana Municipal Code. This policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, adminJ, strators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the feasor or the insured. (2) There is continuing liability up to ORDINANCE NO. NS- 1710 Page fifteen the full amount of the policy, notwithstanding any action or recovery thereon. (3) No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty (30) days after written notice of such cancellation or reduction in coverage shall have been given to the clerk of the council of the City of Santa Aha. Said period of thirty (30) days to commence running from the date said notice is actually received in the office of the clerk of the council. Sec. 36-460. INSPECTION OF ICE CREAM TRUCKS. (a) Each ice cream truck for which a permit or renewal is sought shall be inspected by the Santa Ana Police Department to insure that the vehicle can be safely operated. (b) In addition to other equipment required by law, each ice cream truck shall be equipped with the following: (1) A convex mirror mounted so that the occupant of the driver's seat can see the area in front of the truck which is obscured by the vehicle's hood. (2) A back-up alarm audible for a distance of at least one hundred (100) feet. Sec. 36-461. REQUIRED SIGNS AND LETTERING. (a) There shall be displayed in a conspicuous place on both the front and back of the ice cream truck appropriate warning signs or lettering, e.g. "CAUTION CHILDREN." The lettering shall not be less than six (6) inches in height and the lettering shall be in contrast to the color of the background upon which they are placed. (b) There shall be displayed in a conspicuous place on both the right and left side of the ice cream truck lettering permanently affixed showing the name of the company or operator of the ice cream truck and the business address and telephone number of the owner or operator. The lettering shall not be less than four (4) inches in height, and shall be in contrast to the color of the background upon which they are placed. ORDINANCE NO. NS- 1710 Page sixteen (c) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the ice cream truck so as to interfere with the visibility of the lettering required in subsection (b). Sec. 36-462. NOISE LEVEL. Ice cream vendors shall not operate any sound device or music system when stopped, standing, or parked. Sec. 36-463. APPLICABILITY OF REGULATIONS TO EXISTING BUSINESS. The provisons of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law. All such persons and businesses shall have thirty (30) days from said effective date to file a completed application for vendors' or operators' permits with the chief of police or his designated representative. Sec. 36-464. CONDUCTING AS A NUISANCE. Any ice cream truck operated contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating an ice cream truck contrary to the provisions of this Article. SECTION 3: 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 and each declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion ORDINANCE NO. NS- 1710 Page seventeen thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for 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 3rd ATTE S T: day of- .January ,1984. APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Aye Griset Aye Acosta N~y Bricken Aye Johnson Aye McGuigan Aye Young Aye CITY ATTORNI~f