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5117FOLLOWS: r ORDINANCE NO. 5117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING VARIOUS SUBSECTIONS OF 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 subsection .0208 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: ".0208 No vending from such vehicle shall be permitted within forty (40) 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." SECTION 2. That subsection .0209 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: ".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 vehicles must be moved a distance of not less than two hundred (200) feet between consecutive stops at which vending occurs." SECTION 3. That subsection .0215 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: 11.0215 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." SECTION 4. That subsection .0218 of Section 14.32.310 of Chapter 14.32 of Title 14 of the Anaheim Municipal Code be, and the same is hereby, repealed. I SECTION S. That subsection .0308 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: ".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 One Hundred Thousand Dollars ($100,000) for bodily injury for each person, Three Hundred Thousand Dollars ($300,000) per occurrence and property damage coverage of Fifty Thousand Dollars ($50,000) 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 6. 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 in its entirety to read as follows: ".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 a permit was based; .0802 Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any crime occurring while such person was engaged in conducting vending operations from a vehicle, whether within or outside the City of Anaheim, involving (i) moral turpitude, or (ii) the possession or sale of any controlled substance specified in California Health and Safety Code Section 11054 through 11058, or (iii) the violation of any provision of Chapters 1, 5, 7.5, 7.6 or 8 of Title 9 of Part 1 of the California Penal Code, or (iv) an alcohol or drug-related offense in the case of a vendor's permit held by a person who is a driver of a vehicle operated pursuant to this section; 032290 2 W .0803 Exercise of the permit in a manner contrary to the public peace, health, safety or general welfare. .0804 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 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. .0805 No person or entity whose permit revoked shall be eligible to apply for a new permit for a period of one year following such revocation." SECTION 7. That new subsection .120 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: ".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 by a maximum fine of Fifty Dollars exclusive of any penalty assessments or other assessments imposed by the court or by law." 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. 032290 3 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 Ist day of May, 1990, M YOR OF THE C TY OF NAHEIM ATTES CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 3575L 032290 4 CLERK 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. 5117 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 3rd day of April, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 1st day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Kaywood and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5117 on the 4th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of May, 1990. 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 Ordinance No. 5117 and was published once in the Anaheim Bulletin on the 11th day of May, 1990. CITY CLERK OF THE CITY OF ANAHEIM