ORDINANCE NO. 1108
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER AMENDING CHAPTER 5.04, ARTICLE V TO THE
LANCASTER MUNICIPAL CODE CONCERNING THE
REGULATION OF SIDEWALK VENDORS
WHEREAS, Senate Bill No. 972 (“SB 972”) became effective on January 1, 2023, and modernizes the California Retail Food Code to include sidewalk food vendors; WHEREAS, among other things, SB 972 replaces criminal penalties with non-criminal administrative fines for violations, and sets not-to exceed amounts for such fines; WHEREAS, in light of the changes to the California Health and Safety Code set forth in SB 972, the City Council desires to amend its Sidewalk Vendor Permitting and Regulatory Program for the City of Lancaster (the “City”)
WHEREAS, the City Council of the City of Lancaster expressly finds that regulating mobile food operators is also necessary in order to protect public health, safety, and welfare, while accommodating commercial uses that generally promote an active and social pedestrian environment within appropriate areas of the City of Lancaster.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES ORDAIN AS FOLLOWS:
Section 1. Article V of Chapter 5.04, of the Lancaster Municipal Code is hereby amended to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason 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.
The City Council of the City of Lancaster hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
I, Andrea Alexander , City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the 24th day of October, 2023, and placed upon its second reading and adopted at a regular meeting of the City Council on the 14th day of November, 2023 by the vote:
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8 YES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
Attachments:
Exhibit A: Revised Chapter 5.04
Exhibit B: Map for LMC 5.04.490
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8 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF LANCASTER )
CERTIFICATION OF ORDINANCE
CITY COUNCIL
I, __________________________, ____________________________________ City of Lancaster, California, do hereby certify that this is a true and correct copy of the original Ordinance No. _________, for which the original is on file in my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this _________ day of ________________, ________.