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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: 1 I "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as an emergency measure and shall remain in full force and effect until midnight on December 31, 1995, or until sooner repealed, unless extended by the adoption of a subsequent ordinance in the manner provided by law."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: 2 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.