HomeMy WebLinkAboutCC ORD 1985-1872 URGENCY ORDINANCE REPEALING ORDINANCE NO. 1870 AMENDING CHAPTER 9.04 AND ADDING CHAPTER 9.06 TO PROHIBIT THE SALES OF FOOD OR BEVERAGES FROM MOBILE FOOD PREPARATION UNITS WITHIN THE CITYORDINANCE NO. 1872
AN URGENCY ORDINANCE OF THE CITY OF NATIONAL CITY
REPEALING ORDINANCE NO. 1870, AMENDING CHAPTER 9.04,
AND ADDING CHAPTER 9.06 TO THE NATIONAL CITY
MUNICIPAL CODE TO PROHIBIT
THE SALES OF FOOD OR BEVERAGES FROM MOBILE FOOD
PREPARATION UNITS WITHIN THE CITY
WHEREAS, the City Council of the City of National City, having
considered relevant oral and documentary evidence, has determined that sales of
food or beverages from mobile food preparation units, defined as "any vehicle or
portable food service unit upon which food is prepared for service, sale or
distribution at retail", presents a threat to the public health, safety and welfare,
in that:
a) There is a danger
preparation units due
those units, including
b) There is a danger of
those units.
to drivers and patrons of mobile food
to the existence of cooking facilities on
gas -operated cooking devices.
explosion from cooking facilities existing on
There is a danger of fire from hot grease and propane gas on the
units.
d) There is a hazard presented where cooking is done while the units
are in motion.
e) There is a danger from the units being driven at a high rate of
speed from location to location.
f) There is a danger arising from the spilling of hot liquids while the
units are in motion.
g) 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, or if food storage is improper.
There is a threat to the safety of drivers of the units and to the
public from the likelihood of accidents occurring on public streets.
i) There is a health hazard presented by the storage of waste on the
units, and by disposal of waste produced on the units.
There is a problem in providing adequate staff to inspect and
regulate the units.
h)
J)
k)
Due to the size of the units, they would contribute to traffic
congestion within the City.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of National City as follows:
Section 1. That Ordinance No. 1870 is hereby repealed.
Section 2. That Chapter 9.04 of National City Municipal Code
is amended to add Section 9.04.121, to read as follows:
9.04.121 Section 61.177 repealed. Section 61.177 is repealed.
Section 3. That Chapter 9.06 is added to the National City
Municipal Code, to read as follows:
CHAPTER 9.06
MOBILE FOOD PREPARATION UNITS
9.06.010 Mobile Food Preparation Unit - Defined. A "mobile
food preparation unit" is defined as any vehicle or portable food service
unit upon which food is prepared for service, sale or distribution at
retail.
9.06.020 Mobile Food Preparation Unit - Operation Prohibited.
It is unlawful to sell any food or beverage products from a mobile food
preparation unit within the City.
Section 4. 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.
Section 5. This ordinance shall take effect immediately, and
shall remain in effect for a period of 90 days.
PASSED AND ADOPTED this 10th day of December, 1985.
Kile Morgan,layor
A'1'1'EST :
Io e Campbell, City
APPROVED AS TO FORM:
George H. riser, III —City Attorney
Passed and adopted by the Council of the City of National City, California,
on December 10, 1985 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen
Absent: Councilmen
Abstain: Councilmen
AUTHENTICATED BY:
Cooper, , VanDevent er Waters, Morgan
Dalla
None
None
KILE MORGAN
Mayor of the City of National City, California
City C erk of the City of NationallCity, 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
and on December 10, 198,5
December 10, 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. 1872 of the City of National City, passed
and adopted by the Council of said City on Peceplhx: IR.,. 19:5.5
(Seal)
City Clerk of the City of National City, California
By:
Deputy