HomeMy WebLinkAboutCC ORD 1985-1870 URGENCY ORDINANCE PURSUANT TO SECTION 36937 PROHIBITING MOBILE FOOD PREPARATION UNITS FROM OPERATING WITHIN THE CITY OF NATIONAL CITY, AND IMPOSING A MORATORIUM ON THE ISSUANCE OF BUSINESS , FOR A PERIOD OF NINETY DAYSM a `- e.d.
ORDINANCE NO. 1870
AN URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY
PURSUANT TO SECTION 36937 OF THE GOVERNMENT CODE,
PROHIBITING MOBILE FOOD PREPARATION UNITS FROM
OPERATING WITHIN THE CITY OF NATIONAL CITY, AND
IMPOSING A MORATORIUM ON THE ISSUANCE OF BUSINESS
LICENSES FOR THE OPERATION OF MOBILE FOOD PREPARATION
UNITS, FOR A PERIOD OF NINETY DAYS
WHEREAS, interest has been expressed by the owners and/or operators
of mobile food preparation units, as defined in Section 27526 of the Government
Code, to operate within the City of National City; and
WHEREAS, the City Council of the City of National City has
determined that operation of said mobile food preparation units presents a
threat to the preservation of the public health or safety, in that:
a) There is a danger to drivers and patrons of mobile food
preparation units due to the existence of cooking facilities on
those units, including gas -operated cooking devices.
b) There is a danger of explosion from cooking facilities existing on
those units.
c) There is a hazard presented where cooking is done while the units
are in motion.
d) There is a danger arising from the spilling of hot liquids while the
units are in motion.
e) There is a health hazard presented by the potential for sales of
spoiled food if the food preparation or preservation devices on the
units malfunction.
f) There is a threat to the safety of drivers of the units and to the
public if accidents were to occur on public streets.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of National City as follows:
Section 1. A moratorium is hereby enacted to prohibit the operation
of mobile food preparation units, as defined in Section 27526 of the
Health and Safety Code, within the City of National City, for a period
of ninety days, and operation of a mobile food preparation unit within
the City of National City shall constitute an infraction for such ninety
day period.
Section 2. A moratorium is hereby enacted on the issuance of
business licenses to the owners and/or operators of mobile food
preparation units, as defined in Section 27526 of the Health and Safety
Code, for a period of ninety days, and no business license shall issue
to the owners and/or operators of mobile food preparation units for
such ninety day period.
Section 3. This ordinance is adopted as an urgency ordinance to
preserve the public health or safety, pursuant to Section 36937 of the
Government Code, based on the reasons set forth above, and based
upon the provisions of Section 27503 of the Health and Safety Code.
Section 4. This ordinance shall take effect immediately.
Section 5. This ordinance shall not apply until December 4, 1985 to
owners and/or operators of mobile food preparation units who have
applied for and paid the fee for a National City business license prior
to November 19, 1985, if a business license is issued by the City in
the ordinary course of business prior to December 4, 1985.
PASSED and ADOPTED this 19th day of Novem/ 1985.
4.1,4;
Kile Morg: ; t ayor
ATTEST:
E CAMPBELL
Ione a pbell, City Jerk
BY:
APP
OVED AS TO FORM:ri "'
George H. Eiser, III - City Attorney
Passed and adopted by the Council of the City of National City, California,
on Noyember .„1.9Q5 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen Nonq
Absent: Councilmen Waters
Abstain: Councilmen None
AUTHENTICATED BY: KILE MORGAN
Mayor of the City of National City, California
IONE CAIVBELL
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on November 19 , 1985
and on
November 19, 1985
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO. 1870 of the City of National City, passed
and adopted by the Council of said City on November 19 , 1955
(Seal)
By:
City Clerk of the City of National City, California
Deputy