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HomeMy WebLinkAbout01-25 Commercial Vending Vehicles' Hours of Permissible OperationORDINANCE NO. 01-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER XXI OF TITLE 10 OF THE COSTA MESA MUNICIPAL CODE REGARDING COMMERCIAL VENDING VEHICLES' HOURS OF PERMISSIBLE OPERATION. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10-370 OF chapter XXI of Title 10 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 10-370. Hours of operation. (a) No vehicle or stand used for vending shall remain on public property during non-operating hours. Overnight parking of commercial vending vehicles on a public street or alley is prohibited as set forth in Section 10-186; and (b) No vending shall be permitted by any operator or conducted by any vendor on a residential street except between the hours of 9:00 a.m. and 5:00 p.m." Section 2. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. 1 Section 3. Publication. This Ordinance shall take affect and be in full force and effect thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, it shall be published once in a newspaper of general circulation printed and published in the City of Costa Mesa. Or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and with fifteen (15) days after adoption, the City Clerk shall cause to .be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 1" day of October, 2001. ATTEST: Deputy City Clerld of the City of Costa Mesa F1 Ma'yor'-df the City of Costa Mesa APPROVED AS TO FORM CITY ATTORiVE��' 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 01-25 was introduced and considered section by section at a regular meeting of said City Council ' held on the 17' day of September, 2001, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 1St day of October, 2001, by the following roll call vote: AYES: Cowan, Dixon, Monahan, Robinson, Steel NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2"d day of October, 2001. 11AA,T. Deputy City lerk and ex -officio Clerk of the City Co ncil of the City of Costa Mesa 3