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HomeMy WebLinkAboutNS-2251 - Amending Sections 36-700, 36-709, and 1-18.1 of Santa Ana Municipal Code and Repealing Sections Pertaining to Sale of Food from Vehicles505 ORDINANCE NO. NS-2251 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-700, 36-709 AND 1- 18.1 OF THE SANTA ANA MUNICIPAL CODE AND REPEALING SECTIONS 36-715 AND 36-716, PERTAINING TO THE SALE OF FOOD FROM VEHICLES REL: 4/13/95 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 36-700 of the Santa Ana Municipal Code is amended to read as follows: Sec. 36-700. Purpose and intent. The city council expressly finds that vehicles in which produce are carried for purposes of retail sale on the public and private streets, and vehicles from which hot and/or cold food prepared in the vehicle and/or pre-packaged are sold or offered for sale, pose traffic hazards and special dangers to the public 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 persons who engage in the operation of food vending from vehicles with clear and concise regulations to prevent safety and traffic hazards, as well as to preserve the peace, safety and welfare of the community. SECTION 2: That section 36-709 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-709. Food vending vehicle regulations. (a) Each food vending vehicle shall have a current, valid Santa Ana Police Department inspection sticker affixed to the left side of the rear of the food vending vehicle. (b) Each operator shall be issued an identification card which will also serve as the operator's permit. The operator shall wear or carry such card in a visible position upon his or her person at all times while engaged in the operation of and/or the actual vending from a food vending vehicle, and shall produce the same for inspection upon request. Each operator 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 operator. 1 ORDINANCE NS-2251 507 Page 2 (c) In addition co the operator's permit required in section (b) above, each person who drives a food vending vehicle shall have on his/her person a current, valid California driver's license, which he/she shall make available for inspection by law enforcement officials upon request. SECTION 3: That sections 36-715 and 36-716 of the Santa Ana Municipal Code are hereby repealed. SECTION 4: That section 1-18.1 of the Santa Ana Municipal Code is hereby amended to read 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, 10-64, 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, 164, 16-6, 16-34, 16-35, 16-46 through 16-60; Chapter 17; sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420; Chapter 21; Chapter 26; sections 36-700 through 36-720; and Chapter 41. The above listed officers and employees also have the duty to enforce secticns 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 5: If any section, subsection, sentence, clause, phrase or portion of ~his 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. O D NANCE NS-22Sl Page 3 SECTION 6: 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 5th ATTEST: C day of June , 1995. Pulido Aye Richardson Aye Espinoza Aye Lutz Aye McGuigan Aye Mills Aye Moreno Aye APPROVED AS TO FORM: city Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange of Santa Ana on with the Charter of the City of Santa Ana. I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance to be the original ordinance adopted by the City Council of the City ~ -~-- q.,,~ ; and that said ordinance was published in accordance Date: