HomeMy WebLinkAbout50B - ICE CREAM TRUCKS
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
OCTOBER 17, 2005
TITLE:
ADOPT ORDINANCE TO REGULATE THE
HOURS OF OPERATION FOR ICE CREAM
TRUCKS OPERATING ON CITY STREETS
APPROVED
o As Recommended
o As Amended
o Ordinance on 1 st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
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CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt an ordinance regulating the hours of operation for ice cream trucks
operating on City streets.
DISCUSSION
This matter arose during various meetings with vendors and residents
regarding the proposed mobile vending regulations. Vendors have been
concerned that the proposed hours of operation for mobile vendors are
more restrictive than hours for ice cream trucks, which at present can
operate 24 hours a day.
These unlimited hours of operation can serve
create traffic congestion, jeopardize the
frequently patronize ice cream trucks, and
Further, such unlimited hours of operation
inconsistent with those proposed for mobile
similar businesses.
to disrupt neighborhoods,
safety of children who
impact on-street parking.
for ice cream trucks are
vendors, though they are
Accordingly, the Neighborhood Improvement/Code Enforcement City Council
Committee unanimously recommended at its September 27, 2005 meeting to
create an ordinance that would establish hours of operation for ice cream
trucks consistent with those proposed for mobile vendors.
The attached ordinance establishes operating hours for ice cream trucks
of 9 a.m. to 8 p.m. daily.
M. Trevino
e utive Director
Planning & Building Agency
KA:rb
rb\reports\Vending Vehicle Ordinance lO-17-0S.cc
508-1
ORDINANCE NO. NS-2702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADDING SECTION 36-461.1 TO THE
SANTA ANA MUNICIPAL CODE RELATING TO HOURS
OF OPERATION FOR ICE CREAM TRUCKS OPERATING
ON CITY STREETS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Section 36.461.1 is added to Chapter 36 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 36-461.1. Hours of Operation.
Vending from an ice cream truck, whether of a frozen dessert
product or of any other good or product, shall only occur between the
hours of 9:00 a.m. to 8:00 p.m. daily.
Section 2. The City Council of the City of Santa Ana hereby, finds, determines
and declares as follows:
A. The Request for Council Action for this ordinance dated October 17, 2005,
and Ordinance NS-2655 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.
B. Sections 22455 and 22456 of the Vehicle Code of the State of California
authorize a city to regulate the sales of goods and products from motor
vehicles, particulary ice cream trucks as therein defined, and the
Legislature has explicitly found "that motor vehicles engaged in vending
ice cream and similar food items in residential neighborhoods can
increase the danger to children."
C. The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
D. In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. Categorical
Exemption Environmental Review No. 2005-186 will be filed for this
project.
Ordinance No. NS-2702
Page 1 of 3
508-2
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 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 4. 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
day of
,2005.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
AYES: Council members
NOES: Councilmembers
ABSTAIN: Council members
NOT PRESENT: Councilmembers
Ordinance No. NS-2702
Page 2 of 3
508-3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2702 to be the original ordinance adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
508-4
Ordinance No. NS-2702
Page 3 of 3