5403FOLLOWS:
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ORDINANCE NO. 5403
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING 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 .015 of Section 14.32.310 of Chapter
14.32 of Title 14 of the Anaheim Municipal Code be, and the same
is hereby, repealed.
SECTION 2.
That subsection .020 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:
11.020 Regulations for Sales from Vehicles.
It is unlawful for any person to sell or
offer for sale, or operate any vehicle or conduct any business
for the purpose of causing the sale of or offering for sale, any
goods or merchandise from any vehicle parked, stopped, or
standing upon any public street, alley, parkway, sidewalk, or
other public property in the City of Anaheim except in accordance
with all applicable provisions of this code and in compliance
with each of the following requirements:
.0201 Such vending shall be only by means of a
vehicle duly registered and licensed by the State of California
with an unladen weight of less than six thousand (6,000) pounds.
.0202 Such vending shall be limited to public
streets only and shall not be permitted upon any alley, parkway,
sidewalk, or other public property.
.0203 Each operator shall possess and at all times
display in conspicuous view upon each such vehicle a City of
Anaheim business license issued pursuant to Title 3 of this Code.
.0204 Each operator shall possess and at all times
display in conspicuous view upon such vehicle an unexpired and
unrevoked operator's permit issued pursuant to subsection .030 of
this section.
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.0205 It is unlawful for any vendor to sell or
offer for sale any goods or merchandise from any vehicle pursuant
to this section unless such person shall possess and at all times
while conducting such vending maintain upon his or her person an
unexpired and unrevoked vendor's permit issued pursuant to
subsection .040 of this section.
.0206 It is unlawful for any operator to permit or
allow any vendor under such operator's control, direction,
charge, or employ to vend any goods or merchandise from any
vehicle pursuant to this section unless such vendor possesses an
unexpired and unrevoked vendor's permit issued pursuant to
subsection .040 of this section.
.0207 Each operator causing the sale of or offering
for sale any produce or other food item for which a food handling
permit or other health permit is required by law shall possess
and at all times display such required permit(s) in conspicuous
view upon such vehicle.
.0208 No vending from such vehicle shall be
permitted within sixty (60) 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.
.0209 No vending from such vehicle shall be
permitted for a period of time in excess of ten (10) minutes in
any one location and said vehicle must be moved a distance of not
less than one hundred (100) feet between consecutive stops at
which vending occurs.
.0210 No vehicle shall be parked, stopped, or left
standing in any manner which blocks or impedes vehicular access
to any driveway or restricts the free movement of other vehicles
upon the public street.
.0211 Each vehicle shall be equipped with a trash
receptacle of a size adequate to accommodate all trash and refuse
generated by such vending.
.0212 Each vendor shall pick up and deposit in the
trash receptacle on the vehicle any paper, cups, wrapper, litter,
or other refuse of any kind which were a part of the goods or
merchandise supplied from the vehicle and which have been left or
abandoned within twenty five (25) feet of such vehicle on any
public property other than in a trash receptacle provided for
such purposes. No vendor or operator shall dispose of any trash
or refuse in any such public or private trash receptacle other
than a trash receptacle owned, operated, or otherwise provided by
and under the control of such vendor or operator.
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.0213 No vending shall be permitted except after
the vehicle has been brought to a complete stop and parked
adjacent to the curb in a lawful manner.
.0214 Any vehicle from which vending occurs
pursuant to this section shall have the name, address, and
telephone number of the holder of the operator's permit
permanently affixed on both the left and right sides of the
vehicle. Such information shall be in letter not less than four
(4) inches in height and shall be in contrast to the color of the
background upon which the letters are placed.
.0215 No vending shall be permitted by any operator
or conducted by any vendor except between the hours of 9:00 a.m.
and 8:00 p.m. of each day.
.0216 Any use of amplified sound making devices,
including vehicle horns, to advertise, draw attention to, or
announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in Chapter 6.72 of this
code. No amplified sound making devices shall be used for such
purposes upon any public street immediately contiguous to any
residentially zoned property within the City. Non -amplified
sound making devices shall be permitted for such purposes
provided (i) such sounds shall not be made while the vehicle is
stopped, parking, or otherwise in a stationary position; and (ii)
such sounds shall not be audible to a person with normal hearing
for a distance of more than two hundred (200) feet.
.0217 Any operator or vendor using scales or any
other weighing or measuring devices shall have all such scales
and devices inspected and sealed by the Wights and Measures
Division of the Orange County Department of Agriculture.
.0218 All foods, beverages, utensils and equipment
offered for sale or utilized on vending vehicles shall at all
times be protected from contamination and pollution by dust,
dirt, flies, vermin, rodents, animals, unnecessary handling,
droplet infection, overhead leakage, insecticides, rodenticide,
cleaning compounds, and other poisonous or deleterious
substances, and all other forms of contamination.
SECTION 3.
That subsection .120 of Section 14.32.310 of Chapter
14.32 of Title 14 of the Anaheim Municipal Code be, and same is
hereby, amended to read as follows:
11.120 Penalty.
Notwithstanding any other provision of this
Code to the contrary:
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.1201 Any violation of paragraph .0208, .0209,
.0210 or .0213 of subsection .020 of this Section 14.32.310 shall
be punishable as a civil complaint pursuant to the provisions of
Section 14.32.320 of this Code.
.1202 Except as set forth in paragraph .1201 above,
any violation of any provision of this Section 14.32.310 shall
constitute an infraction punishable in accordance with the
provisions of Section 36900 of the Government Code of the State
of California, or any successor provision thereto."
SECTION 3. 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.
SECTION 4. 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 2nd day of
November , 1993.
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MAYOR OF THE CITf OF ANAVM
ATTEST•
CITY CLERK OF THE CITY OF ANAHEIM
JLW:lm
3834.1\JYHITE\September 8, 1993 4
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. 5403
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of October,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd
day of November, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5403 on the 3rd day
of November, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd
day of November, 1993.
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. 5403 and was published once in the Anaheim Bulletin on the 11th day of November, 1993.
CITY CLERK OF THE CITY OF ANAHEIM