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5330FOLLOWS: A ORDINANCE NO. 5330 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION 14.32.310 OF CHAPTER 14.32 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SALE OF GOODS OR MERCHANDISE BY VEHICLE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That new subsection .015 be, and the same is hereby, added to Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code, to read as follows: 11.015 Prohibition on Sales from Vehicles in Residential Areas. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle which is either (i) parked, stopped, or standing upon any public street, alley, parkway, sidewalk, or other public property, within any residential zone of the City of Anaheim, or (ii) located upon any public street at any location where either side of the portion of such public street upon which such vehicle is located abuts upon or is contiguous to any lot or parcel of property which is zoned or used for residential purposes." SECTION 2. That subsection .020 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Regulations for Sales from Vehicles in Nonresidential Areas. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street, alley, parkway, sidewalk, or other public property in the City of Anaheim (other than those locations prohibited pursuant to subsection .015 above) except in accordance with all applicable provisions of this Code and in compliance with each -of the following requirements: .0201 Such vending shall be only by means of a vehicle duly registered and licensed by the State of California. A .0202 Such vending shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property. .0203 Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City of Anaheim business license issued pursuant to Title 3 of this Code. .0204 Each operator shall possess and at all times display in conspicuous view upon such vehicle an unexpired and unrevoked operator's permit issued pursuant to subsection .030 of this section. .0205 It is unlawful for any vendor to sell or offer for sale any goods or merchandise from any vehicle pursuant to this section unless such person shall possess and at all times while conducting such vending maintain upon his or her person an unexpired and unrevoked vendor's permit issued pursuant to subsection .040 of this section. .0206 It is unlawful for any operator to permit or allow any vendor under such operator's control, direction, charge, or employ to vend any goods or merchandise from any vehicle pursuant to this section unless such vendor possesses an unexpired and unrevoked vendor's permit issued pursuant to subsection .040 of this section. .0207 Each operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle. .0208 No vending from such vehicle shall be permitted within sixty (60) feet of any intersection of two or more public streets nor within five hundred (500) feet of any public or private elementary, junior high, or high school. .0209 No vending from such vehicle shall be permitted for a period of time in excess of sixty (60) minutes in any one location and said vehicle must be moved a distance of not less than two hundred (200) feet between consecutive stops at which vending occurs. .0210 No 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 the public street. .0211 Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse 2 A generated by such vending. .0212 Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty five (25) feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator. .0213 No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner. .0214 Any vehicle from which vending occurs pursuant to this section shall have the name, address, and telephone number of the holder of the operator's permit permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters not less than four (4) inches in height and shall be in contrast to the color of the background upon which the letters are placed. .0215 No vending shall be permitted by any operator or conducted by any vendor except between the hours of 9:00 a.m. and 9:00 p.m. of each day. .0216 Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle shall comply with the limitations and provisions set forth in Chapter 6.72 of this code. No amplified sound making devices shall be used for such purposes upon any public street immediately contiguous to any residentially zoned property within the City. Non -amplified sound making devices shall be permitted for such purposes provided (i) such sounds shall not be made while the vehicle is stopped, parking, or otherwise in a stationary position; and (ii) such sounds shall not be audible for a distance of more than two hundred (200) feet. .0217 Any operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the Weights and Measures Division of the Orange County Department of Agriculture." SECTION 3. That paragraph .0308 of subsection .030 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 3 F1 11.0308 A certificate of insurance or other additional proof as may be required by the City Attorney or Risk Manager showing evidence of a public liability and property damage insurance policy for vehicle liability coverage protecting the operator from all claims for damage to property or bodily injury including death, which may arise from the operation of vehicles under the permit or in connection therewith. Such insurance shall provide coverage of not less than Two Hundred Fifty Thousand Dollars ($250,000) for bodily injury for each person, Five Hundred Thousand Dollars ($500,000) per occurrence and property damage coverage of One Hundred Thousand Dollars ($100,000) per occurrence. Such insurance shall provide that the policy shall not terminate or be cancelled without thirty (30) days' advance written notice to the City of Anaheim." SECTION 4. That subsection .080 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 11.080 Revocation of Permit. Any vendor's or operator's permit may be revoked by the License Collector for good cause shown including but not necessarily limited to any of the following reasons: .0801 Falsification of any information supplied by the permittee upon which issuance of the permit was based; .0802 Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this section; .0803 Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit; .0804 Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this section. .0805 No such revocation shall become effective until expiration of the appeal period specified in subsection .090 of this section. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Service shall be deemed made on the 4 permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the City Manager by filing a written notice of appeal with the License Collector within ten (10) days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the License Collector. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Manager. Otherwise the suspension or revocation shall become effective immediately upon expiration of said appeal period. .0806 No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation." SECTION 5. That new paragraph .055 be, and the same is hereby, added to subsection .110 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code, to read as follows: 11.055 'Residential zone' or 'zoned for residential purposes' shall mean any property which, by ordinance of the City of Anaheim, is then currently classified into either (i) any one of the residential zones specified in Chapter 18.21 through Chapter 18.35, inclusive, of Title 18 of the Anaheim Municipal Code, or (ii) any Specific Plan Zone of the City of Anaheim in which residential dwellings are an expressly permitted use." SECTION 6. That new paragraph .058 be, and the same is hereby, added to subsection .110 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code, to read as follows: 99.058 'Used for residential purposes' shall mean any lot or parcel of property any portion of which is being lawfully used as a dwelling as defined in Section 18.01.050 of the Anaheim Municipal Code." SECTION 7. That subsection .120 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and same is hereby, amended to read as follows: 5 I 11.120 Penalty. Notwithstanding any other provision of this Code to the contrary, a violation of any of the provisions of this Section 14.32.310 shall constitute an infraction punishable in accordance with the provisions of Section 36900 of the Government Code of the State of California, or any successor provision thereto." SECTION 8. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 9. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 25th day of August , 1992. ATTEST: CITY CLERK LF 'HE CITY OF ANAHEIM JLW:lm 2 MAYOR OF THE CITY O AHEIM i STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5330 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 18th day of August, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 25th day of August, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Pickler and Daly NOES: COUNCIL MEMBERS: Ehrle and Hunter ABSENT: COUNCIL MEMBERS: None _ AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5330 on the 26th day of August, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of August, 1992. Z' --� CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5330 and was published once in the Anaheim Bulletin on the 3rd day of September, 1992. \) --x S4:�C-- CITY CLERK OF THE CITY OF ANAHEIM