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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. k6 2,�,t, 2f CITY CLERK OF THE CITY OF ANAHEIM