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HomeMy WebLinkAbout11A - VENDING VEHICLES ORDINANCE NO. NS-2701 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA ANA AMENDING SECTIONS 36-56 THROUGH 36-63 OF CHAPTER 36 OF THE SANTA ANA MUNICIPAL CODE TO REGULATE VENDING VEHICLES, AND AMENDING SECTION 1-18.1 OF THE CODE THE CITY COUNCil OF THE CITY OF SANTA ANA DOES ORDAIN AS FOllOWS: Section 1. Section 36-56 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-56. Additional Prohibitions. (a) No owner shall permit vending from a vending vehicle that is stopped, parked or standing on any public street, alley or highway: (1) When any part of the vending vehicle is open for vending to prospective customers other than on the side of the vehicle next to the right hand side of the street, alley or highway (except when lawfully parked at the left curb on a one-way street a person may vend to a person standing on the left parkway or sidewalk); or (2) When the prospective customer is standing or sitting in another vehicle; or (3) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic or for vehicular parking. (b) No owner shall permit his or her vending vehicle to vend within 200 feet of another vending vehicle on the same side of the street, or in any event within 100 feet of another vending vehicle wherever located on the same street. (c) No owner shall permit his or her vending vehicles to vend on any public street, alley or highway when the posted speed limit on the public street, alley or highway is greater than thirty-five miles per hour (35 MPH). Ordinance No. NS-2701 Page 1 of 8 11A-1 Section 2. Section 36-57 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-57. Time Limit. No owner shall permit his or her vending vehicles to vend for a period of time in excess of 90 minutes in anyone location, and said vending vehicle must be moved a distance of not less than 500 feet between consecutive stops at which vending occurs; and no owner shall allow the vending vehicle to return to vend in the same block in the same day after leaving it. Section 3. Section 36-58 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-58. Owner's permit required. (a) No person shall own, control, manage, lease or contract with other persons for the operation of a vending vehicle in the city without obtaining and holding a valid owner's permit issued pursuant to the provisions of this article, in addition to any other license or permit required under any other chapter of this Code, for each and every vending vehicle. (b) The permit sticker issued by the City shall be installed on the vehicle in the manner prescribed by the executive director of the planning and building agency. (c) "Owner's permit" shall mean the permit issued to any owner that authorizes the holder thereof to engage in the business of vending from a vending vehicle. Section 4. Section 36-59 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-59. Permit term and renewal. The term of the owner's permit, unless sooner revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the owner's permit for additional one-year terms by submitting a new application in conformance with section 36-60 herein together with such owner's permit renewal fees as may be established by resolution of the City Council. Section 5. Section 36-60 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-60. Applications for owner's permits; required fees. Ordinance No. NS-2701 Page 2 of 8 11 A-2 (a) Any person desiring to obtain an owner's permit shall make application to the executive director of the planning and building agency. Applications for an owner's permit shall be submitted in the form prescribed by the executive director of the planning and building agency which shall include proof of the items specified in Section 36-61 of this Code. (b) Prior to submitting such applications a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the executive director of the planning and building agency at the time such application is filed. Owner's permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other provision of this Code. No owner's permit application shall be processed unless and until the applicant has provided all the information requested on the application and has submitted the appropriate fee(s). (c) Neither the filing of any application for an owner's permit, nor the payment of an application fee, shall authorize the vending from a vending vehicle until such owner's permit has been granted or renewed. Section 6. Section 36-61 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-61. Issuance of owner's permits. The executive director of the planning and building agency, or his or her designated representative, within ten (10) days after receiving the completed application, shall grant the owner's permit only if he or she finds that all of the following requirements have been met: (1) The required fees have been paid; (2) The applicant has not had an owner's permit revoked within the preceding twelve (12) months. (3) The applicant has, for each vehicle for which an owner's permit is sought, identified the Vehicle Identification Number and license plate number for said vehicle. Section 7. Section 36-62 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Ordinance No. NS-2701 Page 3 of 8 11A-3 Sec. 36-62. Revocation of owner's permit. (a) Any owner's permit may be revoked by the city manager or his or her designated representative for one (1) felony conviction of the owner during the previous 12 months or three (3) citations for violations of any state law or municipal ordinance to the owner, while in the course of vending from a vending vehicle. The citations may either be criminal filings or administrative citations pursuant to Sections 1-21 through 1-21.9, or any combination thereof, within the preceding twelve (12) months. (b) No person whose owner's permit is revoked shall be eligible to apply for a new owner's permit for a period of twelve (12) months following such revocation. Section 8. Section 36-63 is added to Chapter 36 of the Santa Ana Municipal Code to read in full as follows: Sec. 36-63. Appeal of School Separation requirement (1) The requirement of five hundred feet (500') distance from a school, pursuant to 36-54(a) may be appealed to the deputy city manager for development services. (2) The deputy city manager for development services or designee may, after consultation with city agencies as he or she deems appropriate in the exercise of his or her sole and absolute discretion, modify the requirement of five hundred feet (500') distance if he or she determines all of the following: i. That because of the school layout there is no entrance or exit within five hundred feet (500') from the proposed boundary modification. ii. The location of the proposed boundary modification is not frequented by children as a path of travel. iii. There are no safety concerns with allowing vending to occur in the location of the proposed boundary modification. (3) If a boundary is modified by the deputy city manager for development services, then a map identifying the boundaries in which vending is prohibited shall be prepared and be available to the public. The deputy city manager for development services or designee shall annually review the map for accuracy and shall make any necessary Ordinance No. NS-2701 Page 4 of 8 11A-4 modifications to the boundaries based upon the criteria in subsection (2) above. Section 9. Section 1-18.1 of Chapter 1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (new language in underline, deleted language in strikeout): 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 36-63; sections 36-450 through 36-467; 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 shall also have the duty to enforce permit parking districts established by the City of Santa Ana. 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 10. In adopting the amendments set forth in Sections 1 through 9 above, 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. B. California Vehicle Code Section 22455(b) permits cities to adopt additional requirements for vending vehicles for public safety. C. 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 Ordinance No. NS-2701 Page 5 of 8 11A-5 items in residential neighborhoods can increase the danger to children." 2. 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. D. 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. E. 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. F. Vending Vehicles are conducting businesses within primarily residential zones. This business creates impacts to the residential neighborhoods, such as increased traffic congestion, reduction in available parking, as well as safety concerns. 1. On order to address these impacts, the 90-minute time limit in any one location, and the separation of the vending vehicle (herein after "congestion management regulations") will reduce the impacts to parking in the neighborhood, and will provide a safer residential neighborhood. 2. Vending vehicles are typically wider than a standard vehicle, which causes them to encroach into traffic lanes. This encroachment can create visibility hazards for vehicles exiting the driveways, as well as a more dangerous situation for other vehicles and bicycles. 3. The Legislature, in adopting California Vehicle Code Section 22456(e)(3), determined that potential danger to children requires that a vehicle stopped to vend ice cream must have a minimum unobstructed view of the highway in both directions of 200 feet. In Santa Ana, children purchase from the type of vending vehicles regulated by this ordinance in addition to purchasing from ice cream trucks; for example, the September 25, 2005 Los Angeles Times article on this subject states that in Santa Ana, "parents feel comfortable sending their children to buy items [from mobile food vendors]. Remedios Arias, 32, sent her 11-year-old son to buy 10 eggs for $1 on a recent morning." 4. The use of these congestion management regulations will restrict the number of visibility-impacting vehicles on the street and thereby reduce the number of times that opposing vehicles and bicycles must enter or cross traffic lanes as they pass the vending vehicles. Ordinance No. NS-2701 Page 6 of 8 11A-6 G. The Request for Council Action for this ordinance dated October 17, 2005 and September 6, 2005, and Ordinance No. 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. H. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. I. 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. J. 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. K. The City Council determines that despite these vending vehicle regulations, and the regulations adopted in Ordinance NS-2655, that there remains a reasonable opportunity to vend within the City of Santa Ana, and will not prohibit any access to vending vehicles to any neighborhood within the city. L. 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. M. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2005-161 will be filed for this project. Section 11. 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. Ordinance No. NS-2701 Page 7 of 8 11A-7 Section 12. 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: Kylee O. Otto Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2701 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 Ordinance No. NS-2701 Page 8 of 8 11A-8