HomeMy WebLinkAboutNS-2922 - Repealing Division 3 of Article 1 of Chapter 36 "Vending Vehicles"ORDINANCE NO. NS -2922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA REPEALING DIVISION 3 OF ARTICLE 1.
OF CHAPTER 36 "VENDING VEHICLES" (SANTA ANA
MUNICIPAL CODE SECTIONS 36-50 THROUGH 36-63)
AND REPEALING ARTICLE XIV OF CHAPTER 36 "FOOD
VENDING VEHICLES" (SANTA ANA MUNICIPAL CODE
SECTIONS 36-700 THROUGH 36-720)
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The City Council of the City of Santa Ana previously adopted Article XIV in
Chapter 36 "Food Vending Vehicles" in December 1994 (Santa Ana Municipal
Code sections 36-700 through 36-720).
B. The City Council later adopted Division 3 of Article 1 in Chapter 36 "Vending
Vehicles" in 2004 and 2005 (Ordinances NS -2655 and NS -2701) codified as
Santa Ana Municipal Code sections 36-50 through 36-63.
C. The later ordinances were challenged in an action filed in Orange County
Superior Court (Vasquez v. City of Santa Ana - Case No. 05CC13450). The
Court ruled for the plaintiffs, finding that California Vehicle Code section 22455
preempted the City ordinances because the City regulations were not limited to
protecting public safety.
D. Following the Vasquez case, the City has not sought to enact or enforce
further regulation of food vending vehicles, even though Vehicle Code section
22455 allows a local authority to adopt additional requirements for mobile
vending which restricts the time, place and manner of vending in order to protect
the public safety.
E. In an effort to update the Santa Ana Municipal Code (SAMC), the City Council
hereby repeals Article XIV in Chapter 36 "Food Vending Vehicles" (SAMC
section 36-700 through 36-720) as well as Division 3 of Article 1 in Chapter 36
"Vending Vehicles" (SAMC section 36-50 through 36-63).
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section
Ordinance No. NS -2922
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15061(b)(3), in that it can be seen with certainty that the project will have no possible
significant impact on the environment. As a result, a Notice of Exemption will be filed
upon the adoption of this ordinance.
Section 3. Article XIV in Chapter 36 "Food Vending Vehicles" (Santa Ana
Municipal Code Sections 36-700 through 36-720) is hereby repealed in its entirety.
Section 4. Division 3 of Article 1 in Chapter 36 "Vending Vehicles" (Santa Ana
Municipal Code Sections 36-50 through 36-63) is hereby repealed in its entirety.
ADOPTED this 15t day of August, 2017.
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By:
Lisa Storck
Assistant City Attorney
AYES: Councilmembers Martinez Sarmiento, Solorio, Villegas (4)
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers Pulido (1)
NOT PRESENT: Councilmembers Benavides, Tinaiero (2)
Ordinance No. NS -2922
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS -2922 to be the original ordinance adopted by the City
Council of the City of Santa Ana on August 1, 2017, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date: C12�y
Maria'D. Huizar /
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2922
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