HomeMy WebLinkAbout75C - PH MOBILE FOOD VENDORSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 5, 2017
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
El As PUBLIC HEARING - ADOPT AN [I As Amended nded
ORDINANCE TO REGULATE MOBILE ❑ ordinance on 1" Reading
FOOD VENDING VEHICLES AND DIRECT El ordinance on Reading
[I El Implementing Resolution
STAFF TO DEVELOP AN ELECTRICAL ❑ Set Public Hearing For
POWER OPTIONS PROGRAM FOR
MOBILE VENDORS
{STRATEGIC PLAN NO 5, 4}
Z. / , CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
1. Adopt an ordinance to regulate mobile food vending vehicles in the Santa Ana Municipal
Code.
2. Direct staff to return with a program to provide mobile vendors electrical power options
upon purchase of street lights.
DISCUSSION
In December 1994, the City Council adopted regulations for vending vehicles. Subsequently in
2004 and 2005, the City Council adopted regulations by Ordinances NS -2655 and NS -2701,
which were challenged by an action filed at the Orange County Superior Court (Vasquez v. City
of Santa Ana - Case No. 05CC13450). The Court ruled in favor of the plaintiffs, finding that
California Vehicle Code (CVC) section 22455 preempted Santa Ana's ordinances because City
regulations were not limited to protecting public safety. Since the Court's ruling, the City of Santa
Ana has not been able to regulate mobile vending vehicles in our community.
However, concerns with the effects of unregulated mobile vending remained. In fall of 2015 the
City began an effort to construct a mobile vending ordinance that addressed the concerns of the
community, complied with State law and allowed mobile venders to provide services and operate.
The City conducted multiple outreach efforts to inform the public and venders and obtain input
from various stakeholders. These efforts are outlined in Exhibit 1- Timeline of City of Santa Ana's
Mobile Food Vending Vehicle Outreach Efforts with Stakeholders.
The proposed ordinance drafted in response to these outreach efforts was presented to City
Council during the spring and summer of 2017. On July 5, 2017, the City Council repealed the
mobile food vending ordinance to comply with the Court's decision and directed staff to evaluate
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Adopt an Ordinance to Regulate Mobile Food Vending Vehicles
September 5, 2017
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the following areas of concern: distance from schools, parking time limits and potential vending
sites in the public right-of-way. In addition, they directed staff to discuss the final revised draft
with key stakeholders.
1. Distance from Schools, Parks, Community Centers and Public Playgrounds.
The first draft of the mobile vending ordinance prohibited mobile vending vehicles within 500 feet
of a school, park, community center or public playground. However, the mobile vending industry
representatives were concerned that this requirement in addition to the 100 foot distance
requirement from any intersection would eliminate their ability to operate in many locations that
they have conducted business in for years. Neighborhoods that would have been dramatically
impacted by this restriction include: Willard, Bishop and Pico Lowell.
In response to the 250 feet reduction in the distance requirements, Santa Ana Unified School
District indicated concern that reducing the 500 foot buffer between vendors and the school sites
would be in direct conflict with Federal guidance prohibiting competing breakfast and lunch sales.
Staff is recommending 250 feet as it conforms to the City's safety findings.
2. Amend Time Limit requirement.
The proposed ordinance does not recommend any time limits or restrictions requiring mobile
vendors moving after a specific amount of time, other than the overnight commissary storage
requirement.
3. Mobile Vending Sites and Lease of the Public Right -of -Way
As part of the ongoing general plan amendment discussions, the City will investigate establishing
Food Vending Zones. These sites would include environmentally -friendly options for vending.
During discussion of the draft ordinance, the City Council directed staff to consider lease of public
right-of-way as long-term parking spaces for mobile vendors. Of particular interest was the ability
to replace the gas generators with electric power from City streetlights.
Most of the City streetlights are owned by Southern California Edison (SCE). Currently, PWA is
negotiating with SCE to buy back the streetlights. Once the City takes ownership, estimated to
be in late spring 2018, the streetlights can be modified to include outlets and meters for use by
street vendors. Power can be provided wherever streetlights are available. Estimated cost to
modify existing streetlights is between $17,500 and $21,000 per streetlight.
In addition, the City may wish to investigate extension of power from City -owned facilities or
properties to on -street or off-street parking and use of streetlights that are currently owned by the
City.
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Adopt an Ordinance to Regulate Mobile Food Vending Vehicles
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4. Since the last Council Meeting, the following outreach has been conducted:
• Neighborhood/Comm Link Representatives August 3, 2017
• Food on Wheels Association August 9, 2017
• Produce Mobile Vendors and/or Attorney Federico Sayre August 7,2017 and ongoing
• Brick and Mortar Business Representatives August 14, 2017
• Santa Ana Unified School District September
Additionally, two hundred forty-six (246) mobile vending business license holders received notice
of the August 24`h public hearing on the proposed ordinance before the City Council.
The information gathered served as the findings to formulate staff's recommendations. This
effort included a review from the City Attorney's Office staff to ensure adherence and compliance
with applicable laws and to ensure we had proper evidence to support our regulations.
Based upon this additional input and discussion, the proposed ordinance and recommendations
have been revised to minimize potential impacts to mobile vending businesses while ensuring
public health and safety. Additionally, to provide reasonable regulations for food and produce
vehicles, City staff recommends the adoption of a new Food Vending Vehicle ordinance to
protect the public's health and safety in accordance with Vehicle Code section 22455 and the
California Retail Food Code and County of Orange Health Care Agency/Environmental Health.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability,
Engagement and Sustainability; Objective #4 (Support neighborhood vitality and livability).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Candida Neal
Acting Executive Director
Planning & Building Agency
AN:rb
S:RFCA19-5-171PBA Vehicle Vending 9-5-17
Exhibits: 1. Timeline of Outreach with Various Stakeholders
2. Ordinance to Adopt New Regulations
3. Findings
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ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA ADOPTING THE NEW FOOD VENDING
VEHICLE ORDINANCE IN CHAPTER 36 OF THE SANTA
ANA MUNICIPAL CODE
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 expressly finds that vending
vehicles pose traffic hazards and special danger to the safety and welfare
of children. and residents of the City. The City's intent is to provide clear
and concise regulations to ensure safety and prevent traffic hazards, as
well as preserve the peace, safety and welfare of the community.
B. 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).
C. 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.
D. 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.
E. 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.
On August 1, 2017, in an effort to update the Santa Ana Municipal Code
(SAMC), the City Council repealed 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) by Ordinance NS -2922.
Ordinance No. NS-XXXX
Page 1
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G. The City Council hereby adopts a new Food Vending Vehicle ordinance
restricting the place and manner of vending in order to protect the public
safety in accord with Vehicle Code section 22455.
Section 2. In accordance with the California Environmental Quality Act, the
recommended action is categorically exempt from further review per section
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. The City hereby adopts the new "Food Vending Vehicles", Article
XIV to Chapter 8 of the Santa Ana Municipal Code to read as follows:
ARTICLE XIV. FOOD VENDING VEHICLES.
Sec. 36-700. Purpose and Intent.
The City Council expressly finds that vending vehicles pose traffic hazards and special
dangers to the safety and welfare of children and residents of the city. 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 vending from vehicles with clear and
concise regulations to ensure safety and prevent traffic hazards, as well as preserve the
peace, safety and welfare of the community.
Sec. 36-701. Definitions.
As used in this article:
A. "Crosswalk" shall be defined by the California Vehicle Code, as that term
may be amended from time to time.
B. "Business license" means a business license required by Chapter 21 of
the City of Santa Ana Municipal Code.
C. "Food vending vehicle" or "vending vehicle" means any vehicle or trailer,
as those terms are defined in the California Vehicle Code, which is equipped or used for
retail sales of produce and/or prepared, pre-packaged, or unprepared, unpackaged food
or foodstuffs of any kind on any public street, alley or highway or private street or alley
within the City. The inventory of these vehicles is not necessarily limited to edible items
and may include nonfood sundries. Food vending vehicle as used in this article does not
refer to, nor include, ice cream trucks as regulated in Article X of Chapter 36 of this
Code.
Ordinance No. NS-XXXX
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D. "Operator" as used in this article shall mean any entity and all person(s)
that:
(1) Owns, controls, manages, and/or leases a food vending vehicle; and/or
(2) Contracts with any person(s) to drive, operate, prepare food in, and/or
vend from, a food vending vehicle; and/or
(3) Drive, operate, vend and/or prepare food in or from a food vending
vehicle.
E. "Goods" or "merchandise" shall include items and products of every kind
and description, including all foods, produce, and beverage items.
F. 'Park" shall be defined by Chapter 31 of this Code, as it may be amended
from time to time.
G. "School" shall mean any institution of learning for minors, whether public
or private, offering instruction in those courses of study required, by the California
Education Code and maintained pursuant to standards set by the state board of
education. This definition includes a nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution of education,
but it does not include either a vocational institution or a professional institution of higher
educations, including a community or junior college, college, or university.
H. "Street' shall be defined by the California Vehicle Code, as that term may
be amended from time to time.
I. "Vend" or "vending" as used in this article means soliciting, displaying,
offering for sale for monetary or other consideration, or sale, of any goods or
merchandise to the public from a vehicle; offering produce, prepared food, prepackaged
food or nonfood sundries of any kind for sale from a food vending vehicle on a public or
private street, alley, highway or public place within the City of Santa Ana and includes
the movement or standing of a food vending vehicle for the purpose of searching for,
obtaining or soliciting retail sales of produce, prepared food, prepackaged food or
nonfood sundries.
J. "Restocking" means the transfer of food, goods or merchandise to a food
vending vehicle from any other person or vehicle and includes, but is not limited to,
loading and delivery of food, goods and merchandise.
Sec. 36-702. Operational Requirements.
A. No person shall own, control, operate, manage, lease, or contract with any
other person for the operation of a food vending vehicle in the City without a valid
business license issued, in addition to any other license or permit required under any
other chapter of this code, for each and every food vending vehicle.
Ordinance No. NS-XXXX
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B. All operators shall comply with the following regulations:
1. Each operator vending any produce or other food item shall comply
with all County of Orange Health Care Agency requirements for mobile food facilities, as
well as all required food handling permits. Each operator shall possess and at all times
display such permits in conspicuous view upon each vending vehicle.
2. Each operator shall possess and at all times display in conspicuous
view upon each such vehicle a City business license.
3. Every food vending vehicle shall have the name, address, and
telephone number of the holder of the business license permanently affixed on both the
left and right sides of the vehicle. Such information shall be in letters and numerals not
less than four inches in height and shall be in contrast to the color of the background
upon which the letters are placed.
4. No additional lighting other than that required by the California
Vehicle Code may be installed or operated on a food vending vehicle. Any signage or
display for a food vending vehicle must comply with the generally applicable sign
regulations contained in Chapter 41 of the Code.
5. No operator of a food vending vehicle shall operate any sound
amplification systems or other sound making devices or music systems to advertise,
draw attention to, or announce the presence of any such vehicle while such vehicle is
moving, stopped, standing, or parked upon any public or private street.
6. No owner or operator of a vending vehicle shall permit vending
within two hundred and fifty (250) feet from a school, park, community center or public
playground facility.
7. No owner or operator shall permit the vending vehicle to vend
within fifty (50) feet of a marked or unmarked crosswalk in an intersection.
8. No food vending vehicle shall be parked, stopped, or left standing
in any manner which blocks or impedes vehicular access to any driveway or restricts
the free movement of other vehicles upon any public or private street. Vending shall
only be permitted where the food vending vehicle has been brought to a complete stop
and parked adjacent to the curb in a lawful manner
9. Vending from a food vending vehicle while the vehicle is parked,
stopped, or standing on any public or private street, alley, or highway is permitted only
when that part of the food vending vehicle open to prospective customers is on the side
of the vehicle immediately next to the right side of the public or private street, alley, or
highway. Under no circumstances may vending occur from the left side of a food
vending vehicle. Notwithstanding the above provisions, no person shall vend to any
customer whose location creates a traffic hazard.
Ordinance No. NS-XXXX
Page 4
75C-8
10. All food vending vehicles shall maintain and make refuse
containers available large enough to contain all trash and refuse generated by the
operation of such vehicle. The operator of the food vending vehicle shall pick up all
trash and refuse generated by the operator's vending during the time the vehicle is
stopped, that is within not less than a fifty (50) -foot radius of the vehicle, before such
vehicle is moved.
11. Restocking of a food vending vehicle shall only occur where the
vehicle is lawfully parked and such restocking does not restrict vehicle or pedestrian
traffic or otherwise create a traffic hazard.
12. No food vending vehicle shall attach to or receive any electrical
power or other utilities from any public or private property while the vehicle is located on
any private or public•street or alley without a permit issued by the City of Santa Ana.
13. Vending is, prohibited from a food vending vehicle that is parked,
stopped, or standing on any public street, alley, or highway where the posted speed
limit on the public street, alley, or highway is thirty-five (35) miles per hour or greater.
14. No owner or operator of a vending vehicle shall permit objects,
including but not limited to tables, chairs, or other furniture, trash receptacles,
generators or equipment, to be placed into that portion of the street, alley or highway
which is open to vehicular traffic, nor shall any object, including but not limited to
tables, chairs, other furniture, trash receptacles, generators or equipment, be placed
within or upon the parkway or sidewalk.
15. In conformance with the California Retail Food Code and County
of Orange Health Care Agency/Environmental Health, food vending vehicles shall be
stored at or within an approved commissary in order to have protection from
unsanitary conditions. Food vending vehicles shall not be stored overnight outside of
an approved commissary.
Sec. 36-703. Exemptions.
This article shall not apply to any City -sponsored event where the operator of the
food vending vehicle is operating pursuant to a valid contract with the City.
Sec. 36-704. Land Use Certificate Required for Vending on Private Property.
A. Vending on Private Property - Zones. Food vending vehicles shall be
allowed on private property in conjunction with a Land Use Certificate and/or special
event permit for activities on property in commercial, manufacturing, or planned
development zones designated for commercial or manufacturing uses. Food vending
vehicles operating on private property must obtain the consent of the person who is in
Ordinance No. NS-XXXX
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legal control of the property and subject to the provisions of Chapter 41 of the City of
Santa Ana Municipal Code.
B. Vending on Private Property - Activities. Food vending vehicles shall be
allowed on private property in conjunction with a Land Use Certificate and/or special
event permit for activities such as filming for movies, a party, fair, or carnival. Food
vending vehicles operating on private property must obtain the consent of the person
who is in legal control of the property and subject to the provisions of Chapter 41 of the
City of Santa Ana Municipal Code.
C. Pursuant to this section, the following restrictions apply to vending on
private property:
1. A food vending vehicle may only vend and remain parked on
private property for the period of time noted in the Land Use
Certificate and/or special event permit.
All food vending vehicles are required to have a City of Santa Ana
business license conspicuously displayed when vending.
3. Nothing in this section shall be construed to excuse food vending
vehicles from complying with all other provisions of this chapter.
Sec. 36-705. Penalty for Violation.
Every violation of the provisions of this article shall be addressed through the use of an
administrative citation as set forth in sections 1-21.1 through 1-21.9 of this Code. Each
day any violation of any said provision of this article shall continue shall constitute a
separate offense. Use of an administrative citation shall not prevent or preclude the City
from seeking additional criminal, civil or other legal remedy established by law.
Section 4. If any section, subsection, sentence, clause or 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 or phrase or portion thereof irrespective of the fact that any one or
more section, subsection, sentence, clause or phrase or portions be declared invalid or
unconstitutional.
Ordinance No. NS-XXXX
Page 6
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ADOPTED this day of
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By:cl !_��
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
2017.
Miguel A. Pulido
Mayor
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-XXXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on 2017, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana
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Ordinance No. NS-XXXX
Page 7
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[Exhibit 2 to RFCA]
Findings in Support of the Proposed SAMC Mobile Vending Regulations
Distance restrictions from schools, parks, community centers, and public playgrounds
A majority of school children in Santa Ana walk to and from school, and the City continuously
works to improve the safety of walking routes to school and other community destinations for
the City's youth. In the opinion of Engineering staff, the presence of vending trucks in the
vicinity of schools, parks, and community centers creates a hazardous condition by providing an
attraction for children to cross streets at midblock locations. The concern is greatest at schools
where those streets have driving lanes queued with cars carrying parents arriving to pickup or
drop off their students. Traffic Engineering staff has observed occurrences of students crossing
streets midblock to reach vending trucks.
In addition, the gathering of customers waiting in line for vending trucks create the potential to
block paths along sidewalks, thereby forcing children and other pedestrians to dangerously
detour around the blocked sidewalk and out into the street in the travel path of vehicles. The size
of vending trucks obstructs visibility to both vehicle drivers and pedestrians, resulting in
potentially unsafe conditions under certain circumstances.
Therefore, similar to specific locations whereby engineering staff use red curb markings to
maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering
staff, that vending trucks should not stop to operate/conduct business at any location within 500'
from a school, park, community center or public playground.
Distance restrictions from a crosswalks and intersections
Right of way for vehicle, bicycle and pedestrian traffic at roadway intersections and crosswalk is
controlled by a variety of devices, such as traffic signals, signage, and flashing beacon, which are
typically placed behind the curb to the right of the vehicle path. For the traffic control devices to
be effective, the signage must be visible a sufficient distance in advance of the intersection or
crosswalk to allow vehicles to stop.
The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of
traffic collisions for a ten year period. The analysis determined that over 50% of all pedestrian
vs. motor vehicle collisions occurred at intersections. Often, these types of collisions are due to
the motor vehicle driver not seeing, or otherwise not being aware of the pedestrian. Vending
trucks, with their high profile, boxy shape, and lack of windows create an obstruction to visibility
particularly near intersections and crosswalks where there is significant concentrations of vehicle
and pedestrians.
Therefore, similar to specific locations whereby engineering staff use red curb markings to
maintain visibility and reduce line of sight obstructions, it is the opinion of Traffic Engineering
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staff, that to maintain visibility of traffic and traffic control devices, vending trucks (stop to
operate/conduct business at any location) are prohibited within 100' of intersections and marked
or unmarked crosswalks.
Vending prohibited on streets where posted speed is 35 mph or greater.
The City recently approved Safe Mobility Santa Ana, which analyzed causes and correlation of
traffic collisions for a ten year period. The study determined that, while arterial streets constitute
only 21 % of the roadway network in the City, over 60% of collisions involving severely injured
or killed pedestrians and bicyclists occur on arterial streets where speeds are typically 35 mph or
higher.
In the opinion of Engineering staff, the presence of vending trucks on streets with speed limits
greater than 35 mph creates a hazardous condition by obstructing visibility to view pedestrians,
bicyclists, and traffic control devices, providing an attraction for patrons to cross streets at
midblock locations, and creates the potential for customers to block sidewalk requiring
pedestrians to enter the motor vehicle path.
Additional Mobile Vending Health and Safety Issues Encountered by Santa Ana Police
Department
The Santa Ana Police Department has reported that during recent years, mobile vending trucks
have attracted individuals engaged in the sales of narcotics. At times it has been employees of
the mobile vending trucks and more frequently individuals who use the vending trucks as a way
to blend in with the environment to give their illegal activity a perception of legitimacy. The
illegal activity has included narcotics sales and illegal sale of cigarettes. It is also known that
many gang members use the mobile vending trucks as a way to conceal narcotics and firearms in
order to prevent being in possession of the items when contacted by the police. It is not unusual
for truck operators to be intimidated by gang members and feel obligated to pay a "tax" to the
local gang(s). Mobile vending truck operators have also been victims of crimes from robbery to
homicide. A high concentration of vending trucks are found in the most challenging gang areas
of the city and exacerbate the quality of life/crime related issues in those areas.
Many of the vending trucks sell replica/toy firearms. As such often times guns purchased from
the vending trucks have been used to perpetrate crimes. Those firearms have also been used by
vending truck operators as a feint form of protection. The toy/replica firearms being sold in
areas with a high concentration of vending trucks may lead to disastrous results to the prevalence
of real firearms and violent crime in some of those areas.
Vending trucks post both pedestrian and traffic related problems. Many of the vendors set out
chairs and tables along the curb/sidewalk areas which can obstruct the use of the public walkway
by those not patronizing the vending truck. Due to the size of mobile vending trucks and their
common presence in some of the most densely populated areas of Santa Ana the risk for
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pedestrian fatalities is a major concern. Many of the areas with the high concentration of
vending trucks have a large amount of children who live and go to school in the area.
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