5455A
ORDINANCE NO. 5455
AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING 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 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 regulating the sale of goods
or merchandise from vehicles; and
WHEREAS, subsections .020 and .030 of said Section
14.32.310 require that any person conducting or otherwise
operating the business of vending goods or merchandise from a
vehicle on the public streets in the City of Anaheim must obtain
an operator's permit from the City pursuant to the provisions of
said subsections and to identify the number of vehicles which
shall be used in such vending operation; and
WHEREAS, subsections .020 and .040 of said Section
14.32.310 require any person engaging in the vending of goods or
merchandise from a vehicle, or driving such vehicle, on the
public streets in the City of Anaheim must obtain a vendor's
permit from the City pursuant to the provisions of said
subsections; and
WHEREAS, residents and vendors have expressed concern
that the number of vendors and the number of vehicles vending
goods or merchandise on the public streets in certain areas of
the City of Anaheim has reached or exceeded the number which
should be permitted in such areas for purposes of preserving the
public peace, health or safety; and
WHEREAS, based upon such expressed concerns, the City
is in the process of studying possible new regulations concerning
vending of goods or merchandise from vehicles, including a
possible limitation on the number of vendors and/or vending
vehicles permitted; and
WHEREAS, to protect the public peace, health or safety,
the City Council adopts this interim ordinance as an emergency
measure to prohibit the issuance of any additional permits, 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.
Notwithstanding any other provision of the Anaheim
Municipal Code to the contrary, no operator's permits or vendor's
permits shall be approved or issued by the City of Anaheim
pursuant to the provisions of Section 14.32.310 of the Anaheim
Municipal Code during the period this ordinance is in effect.
SECTION 2.
Notwithstanding any other provision of the Anaheim
Municipal Code to the contrary, no operator conducting or
otherwise operating the business of vending goods or merchandise
from a vehicle upon the public streets within the City of Anaheim
for which a permit is required pursuant to Section 14.32.310 of
the Anaheim Municipal Code shall, during the period this
ordinance is in effect, increase the number of vehicles used for
such purposes within the City of Anaheim above the number of
vehicles: (i) heretofore authorized pursuant to paragraph .0307
of subsection .030 of Section 14.32.310, and (ii) used for such
purposes in the City of Anaheim by said operator immediately
prior to the date of adoption of this ordinance.
SECTION 3. EXEMPTIONS.
Nothing contained in this ordinance shall prohibit:
1. the renewal of any operator's permit pursuant to
the provisions of subsection .030 of Section 14.32.310, or
the renewal of any vendor's permit pursuant to the
provisions of subsection .040 of Section 14.32.310 of the
Anaheim Municipal Code; or
2. the issuance of a vendor's permit at the request
of an operator to a new vendor of such operator provided the
new vendor is a replacement for a prior vendor of such
operator who had been issued a vendor's permit by the City.
Prior to the issuance of a vendor's permit to such new
vendor, the operator by whom such new vendor will be
employed shall identify the prior vendor by name and permit
number, and shall request the termination of such prior
vendor's permit. The vendor's permit of the prior vendor
shall be canceled and terminated by the City effective upon
the issuance of the vendor's permit to the new vendor.
Nothing contained herein shall authorize an increase in the
number of vendor's permits in effect for any operator during
the period this ordinance is in effect.
SECTION 4. EFFECTIVE DATE OF ORDINANCE.
This ordinance shall take effect immediately as an
emergency measure and shall remain in full force and effect for a
period of ninety (90) days after the date of adoption, or until
sooner repealed, unless extended by the adoption of a subsequent
i
ordinance in the manner provided by law.
SECTION 5. 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 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:
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;
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.
I
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of
September , 1994.
MAY R OF THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
8643.1\JWHITE\September 8, 1994
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. 5455 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
27th day of September, 1994 and after reading of the ordinance by the City Attorney by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Simpson
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5455 on the 28th day
of September, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th
day of September, 1994.
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. 5455 and was published once in the Anaheim Bulletin on the 6th day of October, 1994.
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CITY CLERK OF THE CITY OF ANAHEIM