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HomeMy WebLinkAboutNS-2655 - Adding Division 3 of Article 2 to Chapter 36 of Santa Ana Municipal Code to Regulate Vending Vehicles and Amending Section 1-18.1ice cream trucks vending trucks . . . ORDINANCE NO. NS-2655 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 3 OF ARTICLE 2 TO CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE VENDING VEHICLES AND AMENDING SECTION 1-18.1 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. Division 3 of Article II is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: DIVISION 3. VENDING VEHICLES Sec. 36-50. Purpose and Intent. The city council expressly finds that vending vehicles pose traffic hazards and special dangers to the public safety and welfare of children and residents of the City of Santa Ana. It is the purpose and intent of the city council, in enacting this article, to provide responsible companies and persons who engage in the operation of vending from vehicles with clear and concise regulations to prevent safety and traffic hazards, as well as preserve the peace, safety and welfare of the community. Sec. 36- 51. Definitions (a) "Vending vehicle" shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or used for sale of goods or merchandise, but shall exclude "Ice Cream Trucks" as that term is defined in the California Vehicle Code. "Goods" or "merchandise" shall include items and products of every kind and description, including all foods, produce, and beverage items except for those goods by an "Ice Cream Truck" as that term is defined in the California Vehicle Code. (b) (c) "Vend or vending" shall mean soliciting, displaying, offering for sale for monetary or other consideration, or sale, of any goods or merchandise to the public from a vehicle. "Owner" shall mean any natural person or entity who: (1) Owns, controls, manages, and/or leases a vending vehicle; and/or (d) Ordinance No. NS-2655 Page 1 of6 (e) (f) (g) (h) Contracts with a person(s) to drive, operate, and/or vend from a vending vehicle. "Operator" shall mean any person who drives, operates or vends from a vending vehicle. "School" shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include either a vocational institution or a professional institution of higher education, including a community or junior college, college, or university. "Crosswalk" shall be defined by the California Vehicle Code, as that term may be amended from time to time. "Park" shall be defined by Santa Ana Municipal Code Chapter 31, as it may be amended from time to time. (2) Sec. 36. 52. Hours of operation. Vending from vending vehicles shall only occur between the hours of 9:00 a.m. to 8:00 p.m., daily. Sec. 36- 53. Noise Restrictions. No owner or operator shall permit a vending vehicle to play, use, or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from a vending vehicle when said is stationary. Sec. 36- 54. Prohibited conduct. (a) No owner or operator of a vending vehicle shall permit vending within five hundred feet (500') of any school, park, community center or playground facility. No owner or operator of a vending vehicle shall permit objects, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a food vending vehicle (b) (c) Ordinance No. NS-2655 Page 2 of 6 . (d) No owner or operator shall permit the vending vehicles to vend within fifty feet (50') of a marked or unmarked crosswalk. Sec. 36-55. (a) (b) Trash Receptacles and Trash Removal All vending vehicles shall be equipped with on-board refuse containers that are accessible to customers, large enough to contain all trash and refuse generated by the operation of such vehicle. The owner and operator of the vending vehicle, or someone on their behalf, shall pick up and properly dispose of all trash and refuse generated by such operation within a fifty-foot (50') radius of the outside of the vehicle. . Section 2. Section 1-18.1 of Chapter 1 is amended to read in full as follows: Sec. 1-18.1. Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19, 10-26, 10-27, 10-64, 10-70, 10- 71,10-89,10-97,10-98,10-100,10-140,10-141, 10-142, 10-143, 10-150, 10- 151,10-177,10-197,10-203,10-209,10-221 through 10-238; sections 16-1, 16-2,16-3,16-4,16-6,16-34,16-35,16-46 through 16-60; sections 16-110--16- 125; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420 Chapter 21; Chapter 26; section 36-148; sections 36-50 through 36-55; and Chapter 41. The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above-listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). Section 3. In adopting the amendments set forth in Section 1, the City Council of the City of Santa Ana hereby finds, determines and declares as follows: . A. Vending vehicles within the City of Santa Ana present public safety and welfare concerns to the residents of Santa Ana, especially the children. Ordinance No. NS-2655 Page 3 of 6 I. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. The safety of children is a significant concern for the City of Santa Ana. 1. In California Vehicle Code Section 22456, the Legislature declared, "motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children." Many of the vending vehicles in Santa Ana, not only ice cream trucks, cater to children by offering toys and snack type items. As such, children, often unsupervised, purchase items from the vending vehicles. Accidents have occurred as a result of pedestrians crossing the street mid- block without regard for traffic to get to a vending vehicle. The risk to pedestrians crossing the street mid-block at night is increased due to the decreased visibility. The purpose of this ordinance is to regulate a business being operated within the City of Santa Ana; the purpose of this ordinance is not to regulate vehicular traffic except to protect the public safety and welfare of the residents as permitted by the Vehicle Code. Separation of five hundred feet (500') from any school, park, community center or playground facility is necessary to protect pedestrians and insure the flow of vehicle traffic. The City has received complaints that vending vehicles display merchandise outside of their vehicle on the parkway, sidewalk and the streets. 1. Streets are for the purpose of vehicular travel. California Vehicle Code Section 590. C. 2. D. E. F. G. H. Merchandise or equipment in the streets impedes vehicular travel and thus is a public safety hazard to other vehicles and pedestrians. Sidewalks are intended for pedestrian travel. As such, tables, chairs, other furniture, trash receptacles, generators or equipment placed within or upon the sidewalk impede pedestrian travel causing pedestrians to seek another route which would not insure the pedestrian's safety. The hours of operation should be limited to the hours of 9:00 a.m. to 8:00 p.m. 1. The morning hours of operation were selected to help mitigate peak traffic times in the residential neighborhoods. The risk to pedestrians crossing the street mid-block at night is increased due to decreased visibility. Daily to allow parking spaces that would be occupied by vending vehicles to be utilized by residents for overnight parking. Noise restrictions are necessary for pedestrian safety as well as the peace and quiet enjoyment of the neighborhoods. Music and/or artificially generated noise 2. 3. 2. 3. Ordinance No. NS-2655 Page 4 of6 . . . J. from a parked vending vehicle attracts the attention of children and adults, oftentimes crossing mid-block without regard to traffic. Vending vehicles shall be located at least fifty feet (50') from a marked or unmarked crosswalk to protect pedestrians and to insure the safe flow of traffic. The separation distance from the crosswalk provides additional visibility to vehicles thereby enhancing the public safety for vehicles pedestrians and bicyclists on city streets. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic, pedestrian congestion, and litter accumulation. 1. To help minimize these impacts, the vending vehicles will be equipped with on-board refuse containers large enough to contain all trash and refuse generated by the operation of the vehicle. Additionally, trash and refuse generated by the vending vehicle business will be picked-up within a fifty-foot (50') radius of the outside of the vehicle before such vehicle is moved. The Request for Council Action for this ordinance dated June 21, 2004, and the Chief of Police written recommendation dated June 16, 2004, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall constitute the necessary findings for this ordinance. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public safety and welfare of the children and residents of the City of Santa Ana associated with vending vehicles. The police power regulations, such as those employed in this ordinance, are legitimate, reasonable means of accountability to help protect the public safety and welfare of the children and residents of the City of Santa Ana. All provisions of the Santa Ana Municipal Code, which are repeated herein, are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2004-157 will be filed for this project. K. 2. L. M. N. o. P. Q. Section 4. 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 Ordinance No. NS-2655 Page 5 of 6 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. The city clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. ADOPTED this 6th day of Julv 2004. ~ Æ- ~ /~idO ;;ø-~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: Council members Alvarez. Bist. Christv. Franklin. Garcia. Solorio (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers E!J.U.QQ..U ) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2655 to be the original ordinance adopted by the City Council of the City of Santa Ana on July 6, 2004. Date: '1" /7-bY Ordinance No. NS-2655 Page 6 of6