HomeMy WebLinkAboutORD ADOP 3 PUSHCART 05-18-92ORDINANCE FOR ADOPTION NO. 3
AG E N D 5-18-92
Aendomm A"*
Inter -Com r;
ATE: MAY 18, 1992
TO: WILLIAM A. HUSTON
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
U B J ECT: PUSHCART ORDINANCE
RECOMMENDATION
It is recommended that the City Council:
1. Provide direction to staff regarding pushcart
regulations.
2. Minute order that Urgency Ordinance No. 1088 establishing
guidelines for pushcart operation have reading by title
only.
3. Minute order that Urgency Ordinance No. 1088 be
introduced.
4. Minute order that Urgency Ordinance No. 1088 be passed
and adopted.
BACKGROUND .
Significant local media attention has been given to various
municipal efforts toward regulating pushcarts. The purpose of this
report is to provide the City Council with information regarding
the potentially urgent need to provide additional regulation of
pushcarts within the City of Tustin. In fact, staff strongly
believes that the failure to implement such regulations through the
adoption of the subject urgency ordinance could result in a
substantial number of pushcart vendors circumventing future
permanent pushcart provisions to be presented to the City Council.
Recently, the Community Development Department and the Tustin
Police Department, as part of the Community Improvement Partnership
Program (CIPP,) have reported an increased number of pushcarts
within the City. Staff believes that this increase has occurred
because the City of Santa Ana has recently adopted and implemented
an ordinance which limits the total number of pushcarts operating
within that city to not more than 200 units. It is estimated that
over 700 pushcarts currently operate within the City of Santa Ana.
It is anticipated that the occurrence of pushcarts within the City
of Tustin, and their associated nuisances, could further increase
City Council Report
Ordinance No. 1088
Page 2
May 18, 1992
as pushcart vendors displaced by enforcement of Santa Ana I s new law
seek other areas as potential markets.
Pushcarts are non -motorized vehicles used for the conveyance of
goods for sale, typically ice cream, flowers hot can dogs rresultamales,
etc. The uncontrolled existence of pushcarts
home
and business owner complaints of pushcart vendors positioning
themselves near their residences or business locations luring
customers, loitering, blocking sidewalks or driveways, creating a
trash problem; or presenting a potential security or safety risk to
the general public. Other problems include: increased noise
generated by pushcart horns, bells, or shouts of the operators as
well as a perceived health risk associated with the sometimes
unsightly or unsanitary condition of the pushcarts, the goods for
sale, or their operators.
At present, the City of Tustin prohibitsthe permanent existence of
i
pushcarts on private property since t is not a permitted or
conditionally permitted use of land listed within any zone
classification. However, since most pushcart activity occurs only
temporarily on private property or within a public right-of-way,
the Zoning Code prohibition does not eliminate the possibility of
pushcarts within the city.
Section 2500 et al of Chapter 51 Article 2 of the Tustin license ode
to
currently permits the issuance of a City business
"solicitors, registered agents, transient merchants, vendors,
peddlers, hawkers, hucksters,...or like business" upon payment of
the existing business license fee ($25.00 for new business) and
business tax per person ($10.00 per day of operation). License
applications are routinely routed to the Building and Safety, Fire,
Police, Health, Community Development, and other departments or
agencies as warranted for review and comment.
Application review is somewhat subjective since there are currently
no set standards or conditions for such activities and each case is
reviewed individually. Approval can be conditioned upon the user
obtaining mandatory licenses, insurance, or operating only within
specified hours of the day. Appeals of a denial or conditions of
approval can be made to the City Council. There is currently no
limit to the number of independent vendors that may apply or
operate within the City. At present, there exist no licensed
street vendor/pushcart operators within the city. Unlicensed
operation of a pushcart within the City of Tustin can result in
impounding of carts, citation with fine, or arrest.
City Council Report
_ Ordinance No. 1088
Page 3
May 18, 1992
DISCUSSION
City staff has surveyed a number of cities (Survey is attached as
Exhibit A) and subsequently developed a variety of regulation
options for pushcart management. Six (6) options have been
tentatively provid6d for City Council consideration. On December
91 1991, these options were presented to the Planning Commission in
order to obtain an informal recommendation for the City Council.
The Planning Commission recommended limiting pushcarts to special
districts (option 5) and special events (option 3) only.
Option 1 - No Change in Current Policy
Since the City currently has no licensed pushcart operators, it
might be argued that the current regulation and solicitor's fee is
sufficient. This option would allow pushcart vendors to continue
to be approved and licensed through the current business license
procedure described above. A single owner/operator would be
required to pay $25.00 for a business license and $10.00 for each
day of operation. In addition, the vendor would be required to
obtain all other necessary permits (County Health, etc.) prior to
operation within the city. No limit on the number of vendors
operating within the city would exist.
Option 2 Limit the Number of Pushcarts within the City
This option would be similar to that adopted by the City of Santa
Ana except that the total number of pushcarts allowed in Tustin
could be proportionately far less than the 200 allowed in Santa
Ana. A lottery procedure could be developed to ensure fairness in
providing vendors an equal opportunity to obtain a license.
Granting of a license for pushcarts could be contingent upon the
applicant's meeting a set of established and previously approved
standards and conditions of operation. Failure to comply with City
requirements would result in impounding of carts, citation with
fine, or arrest. If this option is pursued, pushcart fees should
be increased to sufficiently fund application review and
enforcement.
Option 3 Pushcarts Permitted at Special Events or Holidays Only
Parades, grand openings, marathons, Tiller Day type events, etc.
could possibly benefit from the presence of pushcarts. This option
would allow pushcarts to be licensed for special events and
holidays only,, pursuant to a set of previously established and
approved regulations and conditions. Consequently, this option
would prohibit pushcarts from operating outside of the event area
(residential, commercial or industrial properties) without prior
City approval. Processing of applications would continue to be
performed as a staff function.
_Option 4 Pushcarts Permitted By Approval of Discretionary Body
Currently, the approval of a street vendor's business license
application is processed and approved as a staff administrative
City Council Report
Ordinance No. 1088
Page 4
May 18,'1992
function. This option would require all future applications to be
reviewed by an appointed discretionary body such as the Planning
Commission (as a possible Conditional or Temporary Use Permit).
This option could require the noticing of affected property owners,
and would ensure closer scrutiny and possible mitigation of the
potential impacts of the use prior to approval. Appeals would be
brought to the City Council for final determination.
Option 5 Pushcarts Permitted in Special Districts Only
This option would designate a specific area(s) of the City where
pushcarts could legally operate during all times of the year.
Locations could be defined by designating specific streets,
shopping centers, zone districts, etc. Licensing review and
approval could follow any of the processing procedures described
above (staff, lottery, CUP, etc.).
Option 6 - Pushcarts Prohibited
This option would prohibit the
within the City of Tustin.
ANALYSIS
operation of pushcarts anywhere
Staff supports the recommendation of the Planning Commission in
this matter for the following reasons:
* The occurrence of illegal pushcarts and their negative
impacts has increased in recent months.
* Failure to provide tighter regulations for pushcarts can
further negatively impact City residents and business
owners.
* Pushcarts may be beneficial to the community at special
events or when constrained to a specific geographical
area.
* Current business license regulations and fees may not be
sufficient to preclude an uncontrolled proliferation of
licensed pushcart operators in the future.
Staff recommends that additional study be conducted on the matter
prior to adoption of a permanent ordinance. However, adoption of
Urgency Ordinance No. 1088 would provide interim regulations for
the operation of pushcarts within the City of Tustin during the
period that a permanent ordinance can be developed, considered, and
adopted by Council. Staff has purposely attempted to develop a
general standard to govern pushcarts until specific locations for
their future operation can be determined by the Planning Commission
and City Council. If adopted, Urgency Ordinance No. 1088 would
temporarily limit pushcart operation for a 45 -day period of time as
follows:
City Council Report
Ordinance No. 1088
Page 5
May 18, 1992
1. Licenses required
All pushcart business owners would be required to obtain a City
Business License. State Health Department and other permits would
also be required. All vendors would also be required to obtain a
solicitor's permit.
2. Cost
The following fee amounts would apply:
Business license - $25.00
Solicitor's fee - $10.00 per day
Any required Health Department fees
3. Hours of operation
Hours would be limited to between 7:00 a.m. and 9:00 p.m.
4. Approved locations
Pushcarts would be prohibited throughout the City except at:
a. Any commercial multi -use or multi -tenant shopping center with
either 30,000+ square feet of leasable area or greater than one (1)
acre in site size with owner's permission;
b. Any "Large Gathering" (regulated by Part 3 of Chapter 2,
Article 3 of the Tustin City Code which is attached as Exhibit B)
of more than 500 persons including but not limited to any festival,
race, parade, fair, City or School event, etc. in conjunction with
approval of a special event permit only. Pushcarts would be
permitted to operate on either private property (with owner
permission) or on the public right-of-way (with staff approval).
5. General Regulations
a. No noise making devices may be used on a pushcart.
b. A pushcart may not block or distract vehicles.
C. No signs would be allowed beyond those painted or affixed to
the cart.
d. All permits must be prominently displayed on the cart.
Community Development and Police Department staff will continue to
monitor pushcarts within the City during the interim period.
- City Council Report
Ordinance No. 1088
Page 6
May 18, 1992
STATE CODE REQUIREMENTS
The City Council has the authority to adopt an health interim a d wel urgency
nvy
ordinance to protect the public safety,
Urgency Ordinances require a 4 / 5ths vote ofthe city Council to
adopt and are effective immediately upon that
Interim urgency ordinances are authorized generally and are also
expressly authorized by the Government Code by provisions which
prescribe that an interim ordinance can be effective for a period
of 45 days from the date of adoption, and ca be and then tan
ly
extended for an additional ten and a half months
additional year through the notice and public ex
ar t eprocedure.
Under the Government Code provisions, unless
ded, the
ordinance will expire automatically on July 2, 1992.
The City Attorney's office has reviewed the proposed interim
ordinance and finds it acceptable. The proposed urgency ordinance
is also exempt from the requirements of the Californew ia
Environmental Quality Act and no further environmental
revanticipated.
No public hearing notice is required for the adoption of an urgency
ordinance. Only the extensions are required to follow the public
notice and hearing procedure.
CONCLUSION
Recent regulation of pushcarts in the City of Santa Ana may result
in an increase in the occurrence of complaintsand various
enforcement problems. Staff believes that the current
meas for
regulating pushcarts within the city are inadequate and should be
revised. Staff recommends that the City Council review the options
described above and provide further direction to staff. A
future Planning
comprehensive revision will then be developed f
or Commission and City Council consideration. Because the preparation
of a permanent ordinance would require more than 45 days, staff
anticipates the need within the next 45 days to extend rgency
would
Ordinance No. 1088 should it be adopted. Such an extension
require a public hearing before the City Council.
- City Council Report
Ordinance No. 1088
Page 7
May 18, 1992
Staff also recommends that the City Council minute order that
Urgency Ordinance No. 1088 have reading by title only, be
introduced, and be passed and adopted.
Ov Dana Ogdon ristine A.
Shingl n
0 Senior Planner Assistant City Man er
DO:do\pushcert.rpt
Attachments: Pushcart Survey
Part 3 of Chapter 2,
Ordinance No. 1088
Article 3 of Tustin City Code
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EXHIBIT B.
CHAPTER 2
• ENTERTAINMENT
CHAPTER INDEX ,
PART 1
PUBLIC
DANCING
3211
DEFINITIONS
•
3212
PERMIT
•
3213
MINORS
3214
SPECIAL POLICE OFFICERS
3215
REGULATIONS
3216
VIOLATION OF PART
PART 2
ENTERTAINMENT PERMITS
3221
ENTERTAINMENT DEFINED
3X2
PERMIT
•
3223
ADDITIONAL REGUfLATIONS
3224
MOP IF ICATION OF PERMIT
3225
REVOCATION OF PERMIT
3226
EXCEPTIONS
3227
PERMITS AND FEES NOT EXLUS IVE
3228!'
'CARNIVALS, CIRCUSES, FAIRS AND OTHER AMUSEMENTS
3229;
PROHIBITIONS ON WAITERS, WAITRESSES AND ENTERTAINERS
PART 3
LARGE
GATHERINGS
3230
PERMIT REQUIRED
-
3231
APPLICATION
3232
COST FOR REQUIRED EXTRA SERVICES
3233
PERMITS TO IICLUDE
3234
ADVERTISING OF UNAUTHORIZED GATHERING PROHIBITED
3235
DISPERSAL UPON LAWFUL ORDER
3236
UNLAWFUL ENTRY
3237
OBSTRUCTION OF PUBLIC WAYS
3238
AMPLIFIERS --PERMIT REQUIRED
PART 4
BINGO
GAMES
3241
DEFINITION OF BINGO
3242
LICENSE REQUIRED
3243
LICENSE SUSPENSION OR REVOCATION '
3244
REGULATIONS OF BINGO GAMES
PART 5
LEWD FILMS
3251
PURPOSE
3252
DEFINITIONS
REV: 1-82
BR -2-1
T MIN CITY CODE ENTERTAINMENT
PART 3 LARGE GATHERINGS
3230
3230 .PERMITS REQUIRED
No person shall organize, advertise, conduct, establish, maintain, carry on, set up, assist,
or participate in any outdoor gathering of, or proposed to be of, more than five hundred (500)
persons for any purpose, including but not limited to any festival, music festival, dance
festival, public dance, show, street dance, parade, exhibition, fair or any other gathering
related or unrelated to any of the foregoing, without a permit therefor first having been issued
by the Director of Community Development; provided, however, that there are excepted from
the provisions of this Section the following:
~ (a) Carnivals and circuses for which permits have been granted by the Director of
Community Development;
(b) Sports and other events conducted on public school premises with approval of school
authorities.
(c) Events sponsored l y the City. (Ord. No. 504; Ord. No. 929, 6-17-85)
3231. APPLICATION
Application for such permit shall include:
(a) The address and legal description of the premises upon which the gathering is
proposed;
(b) Copies of all leases, licenses, contracts and other consents of the owner or owners of
the premises;
(c) The names, addresses and financial statements of all promoters, organizers, presenters,
proprietors and financial backers of the proposed gathering;
(d) The hours and dates of the proposed gathering;
(e) A detailed description of the program, agenda -or plan of activities of the proposed
gathering;
(fl A statement of the estimated minimum and estimated maximum number of persons
who may reasonably be expected to attend the proposed gathering;
(g) A detailed description of each of the following items proposed by the applicants -for
the proposed gathering:
(1) A copy of each proposed advertisement and a description of all proposed publicity;
(2) A plan of the proposed access and traffic flow routes of ingress and egress
together with proposed directional signing; traffic barriers, traffic control officers
and pedestrian control officers;
(3) A proposed parking plan;
(4) A proposed sanitation plan, including provisions for toilets and drinking water;
(5) A- proposed plan for medical first aid assistance;
(6) A proposed plan for fire protection;
REV: 7-85
BR -2-13.
TUSTIN CITY CODE ENTERTAINMENT 3234
- therefor by the Director of Community Development, by any means or medium, including but
not limited to pamphlet, poster, handbill, billboard, sign, newspaper, magazine, radio and
television. No person shall print, distribute, broadcast, announce, use, or cause or assist in
any printing, distributing, broadcasting or announcement of any advertising of a proposed
gathering which has not been approved by*the Director of Community Development.
No person shall advertise, promote or announce within the City any gathering of persons
proposed to be held outside the City, if such proposed gathering has not been regularly
licensed in accordance with the ordinances, statutes and regulations of the jurisdiction within
which the gathering is proposed. (Ord. No. 504)
3235 DISPERSAL UPON LAWFUL ORDER
No person engaging in, participating in or attending any gathering for which a permit
has not been granted shall fail to leave the area of such gathering upon demand by any police
officer of the City. (Ord. No. 504)
3236 UNLAWFUL ENTRY
It shall be unlawful for any person to -enter, to attempt to enter, or to assist any other
person to enter, or to attempt to enter, any theatre, fair, festival, moving picture theatre,
athletic contest, place of amusement, place of entertainment, lecture or place of assemblage in
the City, for entrance of which an admission fee is charged or demanded, or ticket or permit to
enter is required, without having paid such admission fee or without having surrendered or
displayed such ticket or permit, unless such entrance is made with the express consent or
approval of the owner, proprietor or management of the place entered or sought to be entered.
(Ord. No. 504)
3237 OBSTRUCTION OF PUBLIC WAYS
Whenever two (2) or more persons gather together in such a manner as to obstruct the
free passage of any street, sidewalk, alley, public way or place used by members of the public
to go from place to place, such person shall move on or disperse when ordered to do so' by a
police officer. No person shall refuse or fail to disperse or move on when directed to do so by a
police officer. ,
No person shall stand, sit, linger, idle or loiter on any street, alley, sidewalk, park or
other public place, or in or about the entrance or exit of any business establishment, either on
foot or in an automobile or other vehicle, in such a manner as to obstruct ,or hinder the free
passage of persons along such public way, or obstruct or hinder persons entering and exiting
from any business establishment.
For the purpose of this section, "business establishment" shall mean any retail store, food
market, theatre, restaurant, drive-in restaurant, gasoline service station, bar, hotel, motel or
any other establishment which is open to and provides the public with any goods or services.
(Ord. No. 504)
REV: 7-85 BR -2-15
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ORDINANCE NO. 1088
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING
INTERIM REGULATIONS FOR THE OPERATION OF
PUSHCARTS IN THE CITY OF TUSTIN.
The City Council of the City of Tustin finds and determines as
follows:
A. The uncontrolled existence of pushcarts can result in
complaints of pushcarts blocking sidewalks or driveways,
creation of trash problems, potential security and safety
risks to the general public, generating loud noise, and
creating actual and/or perceived health risks associated
with the sometimes unsightly or unsanitary appearance of
the pushcarts or their operators.
B. The neighboring city of Santa Ana has recently adopted and
implemented an ordinance which reduces the approximately
700 pushcarts operating within the City of Santa Ana to not
more than 200.
C. The incidence of pushcarts within the City of Tustin, and
their associated nuisances, has increased as pushcart
vendors displaced by Santa Ana's new law seek other areas
as potential markets.
D. The City of Tustin Zoning Code does not adequately regulate
vendors or pushcarts operating within the city nor limit
their number.
E. The development of a permanent ordinance will require
further study and analysis. The City Council has the
authority to adopt an urgency ordinance to protect the
public safety, health, and welfare while the permanent
ordinance is being developed.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section 1. The following provisions are hereby adopted as
interim regulations for the operation of pushcarts:
"INTERIM PUSHCART REGULATIONS
1.0 PURPOSE
The purpose of this ordinance is to establish interim
regulations in order to control the operation of pushcarts and
to protect the public health, safety, general welfare, and
quality of life of Tustin citizens. The Tustin City Council has
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Ordinance No. 1088
Page 2
found and determined that these interim regulations for
pushcarts are necessary to attain that goal. These regulations
are intended to supplement any applicable provisions contained
within the Tustin City Code.
2.0 DEFINITIONS
Unless otherwise stated, the following definitions pertain
to this urgency ordinance.
"Director" means the Community Development Director or her
designee.
"Operator" means any person who operates a pushcart for the
purpose of vending food, beverage, or product therefrom.
"Owner" means any person as defined herein owning or controlling
one or more pushcarts and:
(1) Conducts or permits or causes the operation of such
pushcart(s) for vending food, beverage or product;
(2) Owns, operates, controls, manages, or leases such
pushcart(s); or
(3) Contracts with persons to vend food, beverage or
product from such pushcart(s).
"Owner's permit" means a business license issued by the City of
Tustin authorizing the holder to engage in the business of
vending food, beverage or product from a pushcart.
"Person" means any natural person, firm, partnership,
association, corporation, stockholder, including, but not
limited to, owners, operators, lessors and lessees of pushcarts.
"Pushcart" means any wagon, cart, or similar wheeled container,
which is not a "vehicle" as def ined in the Vehicle Code of the
State of California, from which food, beverage, or product is
offered for sale to the public.
"Solicitor's Permit" means the permit issued to any person who
operates a pushcart for the purpose of soliciting, vending, or
offering for sale any food, beverage, or product from a pushcart
on any private property, sidewalk, street, alley, highway or
public place within permitted areas of the City of Tustin.
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Ordinance No. 1088
Page 3
"Vend or vending" means offering food, beverage, or product of
any kind for sale from a pushcart on any sidewalk, street,
alley, highway or unenclosed place open to the public, whether
publicly or privately owned, including the movement or standing
of a pushcart for the purpose of searching for, obtaining or
soliciting retail sales of products.
3.0 GENERAL REGULATIONS
Pushcarts are prohibited in the City of Tustin except as
provided herein:
a. Upon issuance of approved City Business - and
Solicitor's License permits, pushcarts may operate
within the City of Tustin in the following locations
only:
1. Any commercial multi -use or multi -tenant shopping
center with either 30,000+ square feet of
leasable area or which is greater than one (1)
acre in site size;
2. Any "Large Gathering" regulated by Part 3 of
Chapter 2, Article 3 (Business Regulations) of
the Tustin City Code.
b. Pushcarts may be operated only between the hours of
7:00 a.m. and 9:00 p.m.
C. Each pushcart shall have affixed to it in plain view
a valid solicitor's license, personal identification,
and any necessary State or City permit required by
law.
4.0 PERMITS REQUIRED
a. No person shall operate a pushcart vending business as
an owner without the required business license,
solicitors permit or other license or approval
required under any other chapter of this Code for each
and every pushcart said person is operating or causing
to be operated in the City of Tustin.
b. No person shall operate a pushcart for the purpose of
vending without a valid solicitors permit issued
pursuant to the provisions of this urgency ordinance.
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Ordinance No. 1088
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C. No person shall employ or retain any person to operate
a pushcart for the purpose of vending unless the
person so employed or retained has a valid solicitors
permit issued pursuant to the provisions of this
urgency ordinance.
5.0 PROHIBITED CONDUCT
a. No noise making devices shall be used in conjunction
with pushcart vending.
b. Pushcarts shall not be stationed for purposes of
offering food, beverage, or product for sale in any
location which creates an unreasonable obstruction to
the normal flow of vehicular or pedestrian access,
within ten (10) feet of any intersection, driveway, or
building entrance, or in any space designed for
vehicular parking.
C. No signs or other advertising devices are permitted
beyond those painted or affixed to the cart or its
canopy.
d. Pushcarts may not operate without a refuse bin of at
least one cubic foot being provided in or on the
pushcart.
6.0 GENERAL PENALTY FOR VIOLATION
a. Any person violating or failing to comply with any
provision or mandatory requirement of this ordinance
shall be guilty of a misdemeanor unless charged as an
infraction by an enforcing officer.
b. Each person guilty of a misdemeanor or infraction
shall be guilty of a separate offense for each and
every day during any portion of which any violation or
any provision of this ordinance is committed,
continued or permitted by such person and shall be
punished accordingly.
C. The penalties and procedures provided in this
ordinance shall be cumulative and in addition to any
other procedure or procedures provided in this
ordinance or by state law for the abatement of the
pushcart violation, and abatement hereunder shall not
prejudice or affect any action, civil or criminal, for
the existence of such violation."
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Ordinance No. 1088
Page 5
Section 2. Pursuant to the California Environmental Quality
Act ("CEQA") and Article 18 of the State Guidelines, the
proposed project has been found to be exempt from the
requirements of CEQA, and therefore, no environmental documents
are required.
Section 3. This Ordinance is a City-wide Urgency Ordinance,
enacted pursuant to Government Code Section 65858(b), adopting
regulations for the operation of pushcarts. The Urgency
Ordinance shall extend for a period of 45 days from the date of
adoption of this Ordinance, unless legally extended by a noticed
public hearing or terminated.
Section 4. There is a current and immediate threat to the
public welfare, health, and safety. The facts constituting the
urgency are as follows:
(1) Without additional regulations in place, it is
anticipated that the occurrence of pushcarts within
the City of Tustin, and their associated nuisances,
could soon increase as a significant number of
pushcart vendors displaced by Santa Ana's new law seek
other areas as potential markets.
(2) The uncontrolled existence of pushcarts can result in
loitering, excessive noise, health risks related to
potentially unsanitary conditions, blocking sidewalks
or driveways, creating a trash problem, or presenting
a potential security or safety risk to the general
public.
(3) Current regulations permit uncontrolled and
unmonitored concentrations of pushcarts which may
unfairly compete with existing commercial uses.
(4) Failure to immediately implement pushcart regulations
through the adoption of an urgency ordinance could
result in a substantial number of pushcart vendors
circumventing future pushcart provisions to be
considered by the City.
Therefore, the City Council finds and declares that this Urgency
Ordinance is required for the itamediate preservation of the
public peace, safety, and/or health of the citizens of Tustin.
This Ordinance shall be adopted by a four-fifths (4/5) vote of
the City Council and shall be effective immediately 'upon the
adoption by such vote.
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Ordinance No. 1088
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Section 5. Severability
All of the provisions of this urgency ordinance shall be
construed together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or
if a provision is declared to be invalid or unconstitutional as
applied to all facts, all of the remaining provisions of this
ordinance shall continue to be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council held
on the 18th day of May, 1992.
LESLIE ANNE PONTIOUS
MAYOR
MARY E. WYNN
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1088
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted at a regular meeting of the
City Council held on the 18th day of May, 1992, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
DO:do\1088.
MARY E. WYNN, City Clerk