HomeMy WebLinkAbout1981-05-19; City Council; 6592-1; Prohibition of Vending Trucks near schoolsCITY OF CARLSBAD
AGENDA BILL NO. 6592, Supplement No. 1 Initial:
Dept . Hd
C. Mgr.
DATE : May 19, 1981 c. l4tty:*
--L;ltt- DEPARTMENT: City Attorney
Subject:
PROHIBITION OF VENDING TRUCKS NEAR SCHOOLS
Statement of the Matter
The City Council, at your May 5, 1981 meeting, directed
the City Attorney to prepare an ordinance which would prohibit
vending trucks from stopping near schools. An ordinance which
would prohibit the stopping or standing of a vending truck within
four blocks of a school building or a school grounds at any time
while children are going to or leaving school during opening or
closing hours or during the noon recess has been prepared. Because
of the danger to the children inherent in allowing this kind of
activity to continue, the ordinance has been prepared as an
urgency measure. A 4/5th vote is required.
Exhibit
Ordinance No. 3 /q .
Recommendation
If the City Council concurs, your action is to adopt
Ordinance No. 3/2/ .
Council Action:
5-19-81 Council adopted Ordinance No. 3128.
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ORDINANCE
.-.
NO. 3128
AN EMERGENCY ORDINANCE AS AN URGENCY MEASURE OF THE
CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 10, CHAPTER 10.40 OF THE CARLSBAD
MUNICIPAL CODE BY T'HE AMENDMENT OF SECTION 10.40.060 ,
TO PROHIBIT VENDORS FROM PARKING OR STANDING ON THE
PUBLIC RIGHT-OF-WAY IN THE VICINITY OF SCHOOLS UNDER
CERTAIN CIRCUMSTANCES.
The City Council of the City of Carlsbad, California
hereby ordains as follows:
SECTION 1: That Title 10, Chapter 10.40, Section
10.40.060 of the Carlsbad Municipal Code is amended by the
e
addition of Subsection (e) to read as follows:
"(e) Notwithstanding anything in this section to the
contrary, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables
or foodstuffs are sold, rented, displayed, solicited or offered
for sale or bartered or exchanged, or any lunch wagon or eating
cart or vehicle, on any portion of any street, public parking lot
or other public right-of-way within the city within one half mile
of a school building or school grounds while children are going to or leaving such school during opening or closing hours or
during tl-e noon recess period."
DECLARATION OF URGENCY: This is an emergency ordinance adopted
as an urgency measure pursuant to California Government Code
Section 36937, and shall take effect immediately. Evidence has
been presented to the City Council that the stopping of vending
vehicles near schools are creating traffic problems and
endangering the safety of the children by causing them to be in
or across the street in an unsafe manner. Such operation is
further resulting in dblaying the chi.ldren on their way to or
from school, frequently resulting in their crossing the streets
after crossing guards have ceased to function. In order to cure
this situation, and prevent vending trucks from operating near
the schools, it is necessary that this ordinance take effect
immediately .
EFFECTIVE DATE: This ordinance shall be effective
immediately upon passage. The City Clerk of the City of
Carlsbad shall certify to the adoption of this ordinance and
cause it to be published once in the Carlsbad Journal within
fifteen days after its adoption.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of
the City Council of the City of Carlsbad, California held on the
19th day of May , 1981 by the following
vote, to wit:
AYES : Council Fkhers Packard, Casler, Anear & Kulchin
/ RONALD C. PACKARD, Mayor
ATTEST :
&QQ& t.R ALETHA L. RAUTENR
(SEAL)