5508r
ORDINANCE NO. 5508
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
AND EXTENDING ORDINANCE NO. 5455 ADOPTED AS
AN INTERIM MEASURE PROHIBITING THE ISSUANCE
OF ANY NEW PERMITS FOR VENDING OF GOODS OR
MERCHANDISE FROM VEHICLES PURSUANT TO
SECTION 14.32.310 OF THE ANAHEIM MUNICIPAL
CODE WHILE THE CITY IS STUDYING AND
CONSIDERING NEW REGULATIONS CONCERNING SUCH
SUBJECT; AND SUPERSEDING ORDINANCE NO. 5476;
AND DECLARING THAT THIS ORDINANCE IS AN
EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE
EFFECT.
WHEREAS, the City of Anaheim heretofore adopted
Section 14.32.310 of the Anaheim Municipal Code regulating the
sale of goods or merchandise from vehicles; and
WHEREAS, on September 27, 1994, the City Council of the
City of Anaheim adopted Ordinance No. 5455 as an interim measure
prohibiting the issuance of any additional permits for vending
from vehicles, and to prohibit any additional vending vehicles,
for a period of ninety (90) days while the City is studying and
considering new regulations concerning such subject; and
WHEREAS, on December 20, 1994, the City Council of the
City of Anaheim adopted Ordinance No. 5476, extending the
effective period of Ordinance No. 5445 to and including June 30,
1995; and
WHEREAS, Ordinance No. 5455 as previously extended will
expire on June 30, 1995, unless further extended; and
WHEREAS, the City is still studying and considering
such new regulations; and
WHEREAS, to protect the public peace, health or safety,
the City Council adopts this interim ordinance to extend the time
Ordinance No. 5455 shall remain in effect and to prohibit the
issuance of any additional vendor or operator permits pursuant to
Section 14.32.310 of the Anaheim Municipal Code, and to prohibit
any additional vending vehicles, during the period the City is
studying and considering said new regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF ORDINANCE NO. 5455.
Section 4 of Ordinance No. 5455 be, and the same is
hereby, amended to read as follows:
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"SECTION 4. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect
immediately as an emergency measure and shall
remain in full force and effect until
midnight on December 31, 1995, or until
sooner repealed, unless extended by the
adoption of a subsequent ordinance in the
manner provided by law."
SECTION 2. EXTENSION OF ORDINANCE NO. 5455.
Ordinance No. 5455 of the City of Anaheim, as herein
amended, be, and the same is hereby, extended for an additional
period of time to expire at midnight on December 31, 1995, or
until sooner repealed, or unless extended by the adoption of a
subsequent ordinance in the manner provided by law.
SECTION 3. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately upon
adoption.
SECTION 4. PENALTY FOR VIOLATION.
Any violation of this ordinance shall be a misdemeanor
punishable as set forth in Section 1.01.370 of the Anaheim
Municipal Code.
SECTION 5. INTERIM ORDINANCE NO. 5476 SUPERSEDED.
Interim Ordinance No. 5476, and any provision of any
other ordinance inconsistent with the provisions hereof, is
superseded hereby.
SECTION 6. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, subsection, paragraph, sentence, phrase,
term or word of this ordinance, hereby adopted, be declared for
any reason to be invalid, it is the intent of the City Council
that it would have adopted all other portions of this ordinance
independent of the elimination herefrom of any such portion as
may be declared invalid.
SECTION 7. DECLARATION OF URGENCY.
The City Council declares that this ordinance is
necessary as an emergency measure for the immediate preservation
of the public peace, health or safety, and the reasons for its
urgency are as follows:
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1. The City currently has no numerical limit on the
number of operator's permits, vendor's permits, or vehicles
used for vending purposes which may be authorized by the
City pursuant to Section 14.32.310 of the Anaheim Municipal
Code; and
2. Concerns have been expressed to the City by both
residents and vendors that the number of such vendors, and
the number of such vehicles engaged in vending from vehicles
in the City, has reached, or may have exceeded, the
numerical limit necessary for preservation of the public
peace, health or safety; and
3. The City is now studying and considering new
regulations concerning vending from vehicles, including a
possible numerical limit on the number of such permits and
vehicles; and
4. The City may receive applications for additional
permits and vehicles prior to the conclusion of such study
and consideration of any proposed new regulations which
applications would conflict with such new regulations; and
5. Unless this ordinance is adopted as an emergency
measure, additional permits may be issued, and additional
vehicles may be used for vending, prior to the date such new
regulations can be adopted which additional permits and/or
vending vehicles would be detrimental to the public peace,
health or safety.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of June, 1995.
MA OR OF THE CITY OF AOAHEIM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
12449.1\J1IHITE\June 9, 1995 3
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 urgency Ordinance
No. 5508 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
27th day of June, 1995 and after reading of the ordinance by the City Attorney by the following vote of the members
thereof:
AYES: COUNCIL MEMBERS: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5508 on the 27th day
of June, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th
day of June, 1995.
, � � 2 '-�'
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. 5508 and was published once in the Anaheim Bulletin on the 6th day of July, 1995.
CITY CLERK OF THE CITY OF ANAHEIM.