HomeMy WebLinkAboutNS-2366 - Amending the Regulations for the Operation of Pushcarts in the Downtown District336
ORDINANCE NO. NS- 2366
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING
THE REGULATIONS FOR THE OPERATION
OF PUSHCARTS IN THE DOWNTOWN
DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS
AS FOLLOWS:
SECTION 1: That Section 26-1 of the Santa Ana
Municipal Code be amended to read as follows:
Sec. 26-1. Definitions.
For purposes of this article, the following terms have
the following respective meanings:
(a)
Pushcart. Any wagon, cart, or similar wheeled
container, not a "vehicle" as defined in the
Vehicle Code of the State of California, from
which food, beverage or product is offered for
sale to the public.
(b)
Vend or vending. Offering food, beverage or
product of any kind for sale from a pushcart on
any sidewalk, street, alley, highway or
unenclosed place open to the public, whether
publicly or privately owned, including the
movement or standing of a pushcart for the
purpose of searching for, obtaining or soliciting
retail sales of products.
(c)
Person. Any natural person, firm, partnership,
association, corporation, stockholder, including,
but not limited to, owners, operators, lessors
and lessees of pushcarts.
(d)
Owner. Any person who owns or controls one (1) or
more pushcarts and:
(i)
Conducts or permits or causes the operation
of such pushcart(s) vending food, beverage
or product;
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(e)
(f)
(g)
(h)
(i)
(j)
(k)
(2) Owns, operates, controls, manages or leases
such pushcart(s); or
(3)
Contracts with persons to vend food,
beverage or product from such pushcart(s).
Operator. Any person who operates a pushcart for
the purpose of vending food, beverage or product
therefrom.
Owner's permit. A permit issued by the City of
Santa Ana authorizing the holder to engage in the
business of vending food, beverage or product
from a pushcart.
Operator's permit. The permit issued to any
person who operates a pushcart for the purpose of
soliciting, vending or offering for sale any
food, beverage or product from a pushcart on any
sidewalk, street, alley, highway or public place
within the City of Santa Ana.
Uniform. At the minimum, a shirt containing the
logo, insignia, name or other identifying
characteristic of the owner.
Civic Center District. Extends to and includes
all of the following:
The open-space pedestrian areas in the civic
center complex bounded by Flower Street, Civic
Center Drive, Broadway and Santa Ana Boulevard.
Also including Sasscer Park and the area adjacent
to the Ronald Reagan Federal Building and United
States Courthouse.
Downtown District. The area located between Ross
Street on the west, First Street on the south,
Civic Center Drive on the north, and French
Street on the east, excluding the area defined as
the Civic Center District as defined by section
26-1(i) of this Code.
Director. The executive director of the planning
and building agency or his or her designated
representative.
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SECTION 2: That Santa Aha Municipal Code Section 26-2
is hereby amended to read as follows:
Sec. 26-2. General prohibitions.
(a) No person shall sell or offer for sale any food,
beverage or product from any portable box, stand, bag or
similar container other than a pushcart, on any street,
parkway or sidewalk, or in any unenclosed area open to the
public.
(b) No person shall employ, direct or otherwise cause
any other person to vend or offer to vend any food,
beverage or product in violation of subsection (a) of this
section.
(c) From and after January 1, 1999, no person shall
operate a pushcart within the Downtown District as defined
by section 26-1(j) of this Code.
SECTION 3: That Section 26-6 of the Santa Aha
Municipal Code is hereby amended to read as follows:
Sec. 26-6. Special standards for the Civic Center District.
(a) Standards for pushcart operations in the Civic
Center District shall be established by resolution of the
City Council. Such standards may extend to the quantity,
location, appearance, product mix, mobility and cleanliness
of pushcarts and their operation. Permits issued by the
director for pushcarts in the Civic Center District shall
be conditioned by the director as the director determines
appropriate to restrict permit grantees to vending
operations in accordance with such standards, and such
conditions shall be set forth in the certificate.
(b) In imposing special requirements for the operation
of pushcarts in the Civic Center District, the City Council
recognizes that pushcart operations in the Civic Center
District may become detrimental to the City's effort to
maintain that area, in that they could create congestion
problems on the sidewalks, cause increased litter problems
in the area, and give the area an unkempt appearance. It is
the purpose of the special requirements to limit and
control pushcart operations in the Civic Center District to
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the extent necessary to avoid such adverse effects or
mitigate them to an acceptable level.
SECTION 4: That Section 26-21 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 26-21. Limitation on the number of pushcarts.
NO owner's permit shall be issued which would cause
the number of persons vending from pushcarts outside of the
Civic Center District to exceed one hundred ninety-one
(191). No owner's permit shall be issued pursuant to this
article which would cause the number of persons vending
from pushcarts in the Civic Center District to exceed nine
(9).
SECTION 5: 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 any one or more
sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
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.
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ADOPTED this
1998.
17th
day of Auqust ,
ATTEST:
COUNCILMEMBERS:
Pulido Aye APP
Richardson Absent /~
Espinoza Absent
Lutz Aye
McGuigan Aye A~
Franklin Aye
Moreno Absent
lOVED AS TO FORM:
Ordinance No. NS-2366
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of Califomia
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
A/~ - ~ $ ~ ~ to be the original ordinance adopted by the City Council of the City of Santa
Ana on o°/17/,g~C ; and that said ordinance was published in accordance with the
Charter of th~ City ~f Santa Ana.
Date:
[// Clerk of the Counci~-/-~
City of Santa Ana/