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ORDINANCE NO. NS -2924 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA ADOPTING THE NEW FOOD VENDING <br />VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA <br />ANA MUNICIPAL CODE <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The City Council of the City of Santa Ana expressly finds that vending <br />vehicles pose traffic hazards and special danger to the safety and welfare of <br />children and residents of the City. The City's intent is to provide clear and <br />concise regulations to ensure safety and prevent traffic hazards, as well as <br />preserve the peace, safety and welfare of the community. <br />B. The City Council of the City of Santa Ana previously adopted Article XIV in <br />Chapter 36 "food Vending Vehicles" in December 1994 (Santa Ana Municipal <br />Code sections 36-700 through 36-720). <br />C. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending <br />Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as <br />Santa Ana Municipal Code sections 36-50 through 36-63. <br />D. The later ordinances were challenged in an action filed in Orange County <br />Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The <br />Court ruled for the plaintiffs, finding that California Vehicle Code section 22455 <br />preempted the City ordinances because the City regulations were not limited to <br />protecting public safety. <br />E. Following the Vasquez case, the City has not sought to enact or enforce <br />further regulation of food vending vehicles, even though Vehicle Code section <br />22455 allows a local authority to adopt additional requirements for mobile <br />vending which restricts the time, place and manner of vending in order to protect <br />the public safety. <br />F. On August 1, 2017, in an effort to update the Santa Ana Municipal Code <br />(SAMC), the City Council repealed Article XIV in Chapter 36 "Food Vending <br />Vehicles" (SAMC section 36-700 through 36-720) as well as Division 3 of Article <br />1 in Chapter 36 "Vending Vehicles" (SAMC section 36-50 through 36-63) by <br />Ordinance NS -2922. <br />Ordinance No. NS -2924 <br />Page 1 of 7 <br />