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HomeMy WebLinkAboutOrdinances - No. 1816ORDINANCE NO. 1816 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODl AMENDING LODl MUNICIPAL CODE CHAPTER 9.18 -VENDING ON STREETS, SIDEWALKS, AND PRiVATE PROPERTY - BY REPEALING AND REENACTING SECTION 9.18.110 IN ITS ENTIRETY RELATING TO SANITATION ________-____-___-______________________----------------------------- __-____________---_-____________________----------------------------- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODl AS FOLLOWS: SECTION 1. Lodi Municipal Code Section 9.18.1 10, “Sanitation,” is hereby repealed and reenacted to read as follows: 9.1 8.1 10 Sanitation. A. All motorized food wagons or conveyances shall operate out of a commissary pursuant to California Health and Safety Code Section 114287. All motorized food wagons or conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the vendor of the motorized food wagon or conveyance shall pick up all refuse generated by such operation within a twenty-five foot radius of the vehicle before such vehicle is moved. No vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor. A motorized food wagon or conveyance shall comply with California Health and Safety Code s114315 regarding the availability of adequate toilet facilities for use by food service personnel. 8. C. SECTION 2. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 3. No Mandatorv DuW of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. SECTION 5. This ordinance shall be published one time in the “Lodi News-Sentinel,’’ a daily newspaper of general circulation printed and published in the City of Lodi, and shall take effect thirty (30) days from and after its passage and approval. Approved this 3‘‘ day of September, 2008 / /JOANNE MOUNCE! c/ Mayor City Clerk State of California County of San Joaquin, ss. _-__________________------------------_--------------------------------- ____________________----_----------------------------_------------------ I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1816 was introduced at a regular meeting of the City Council of the City of Lodi held August 20, 2008, and was thereafter passed, adopted, and ordered to print at a regular meeting of said Council held September 3, 2008, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Katzakian, and Mayor Mounce NOES; COUNCIL MEMBERS - None ABSENT COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None I further certify that Ordinance No. 1816 was approved and signed by the Mayor on the date of its passage and the same has been publ-ant to law. City Clerk Amroved as to Form: .. City Attorney 2