HomeMy WebLinkAbout03 P.H. PUSHCART ORD 06-15-92r.... - t -a.
PUBLIC HEARING N0. 3
-�
6-15-92
JUNE 15, 1992
rater -Com ,-
=1-�- WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
I; �i }`CT: PUSHCART ORDINANCE
RECOMMENDATION
It is recommended that the City Council:
1. Minute order that Urgency Ordinance No. 1092 have reading
by title only;
2. Minute order that Urgency Ordinance No. 1092 be
introduced and adopted, extending interim pushcart
regulations established by Urgency Ordinance 1088 for an
additional 10 months and 15 days.
BACKGROUND AND DISCUSSION
On May 18, the Community Development Department presented a report
to the Tustin City Council which detailed the numerous negative
impacts associated with unrestricted pushcart operation within the
city. At that time, Council directed staff to develop a permanent
ordinance and also adopted, by minute order, Urgency Ordinance No.
1088 immediately establishing interim regulations for pushcarts.
California Planning, Zoning and Development Law limits the initial
enactment of Urgency measures to not more than 45 days.
Consequently, Ordinance No. 1088 is due to expire on Thursday, July.
2, 1992. However, State law permits the extension of interim
Urgency measures, after a noticed public hearing, for an additional
period of 10 months and 15 days. If adopted, Urgency Ordinance
1092 would continue the existing Urgency Ordinance regulations for
that period beyond the current July 2, 1992 expiration date.
Staff believes that the initially adopted 45 day period is
insufficient to monitor and gauge the success of the interim
measures or to prepare, adopt and enact a permanent ordinance
without the occurrence of an unregulated "window" period. The City
has been contacted by the .Orange County Push CartAssociation (see
correspondence dated June 2, 1992) who have also requested input in
the development of the permanent ordinance. Staff would recommend
that Council approve the extension of Urgency Ordinance No. 1088 by
adoption of Urgency Ordinance 1092.
City Council Report
Page 2
STATE CODE REQUIREMENTS
The City Council has the authority to adopt an interim urgency
ordinance to protect the public safety, health and welfare.
Urgency Ordinances require a 4/5ths vote of the City Council to
adopt and are effective immediately upon that vote.
The regulations proposed by Urgency Ordinance No. 1092 are
identical to that previously adopted by the Tustin City Council on
May 18, 1992. The City Attorney's office has reviewed the proposed
interim ordinance and finds it acceptable. The proposed urgency
ordinance is also exempt from the requirements of the California
Environmental Quality Act and no further environmental review is
anticipated.
A public hearing notice is required for the adoption of this
urgency ordinance and was published and posted in accordance with
State law.
1 -moo. -.tea Oy-
Dana Ogdon
Senior Planner
DO:kd\pshcart2.ccr
Attachments: Correspondence from
Ordinance No. 1088
Ordinance No. 1092
Christine A. S gleton
Assistant City Manager
O.C. Push Cart Association
Orange County Push Cart Association
1011 W. Taft, Orange, CA 92665
(714) 637-1197
June 2, 1992
Mr. Donald LeJeune
City Planning Commission Chairman
CITY OF TUSTIN
15222 Del Amo
Tustin, CA 92680
RE: Pushcart Ordinance
Dear Mr. LeJeune:
In regard to your new ordinance on pushcarts in the City of Tustin,
we can be of considerable assistance in helping you write your new
ordinance to make it possible for quality pushcart vendors to do the
work, while at the same time protecting the image of your city.
Please be kind enough to refer me to the person in charge of writing
this new ordinance.
Thank you for your assistance in this matter.
Very truly yours,
THE HOT DOGGER
Ed Dart
President
ED:psg
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ORDINANCE NO. 1088
AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING
INTERIM REGULATIONS FOR THE OPERATION OF
PUSHCARTS IN THE CITY OF TUSTIN.
The City Council of the City of Tustin finds and determines as
follows:
A. The uncontrolled existence of pushcarts can result in
complaints of pushcarts blocking sidewalks or driveways,
creation of trash problems, potential security and safety
risks to the general public, generating loud noise, and
creating actual and/or perceived health risks associated
with the sometimes unsightly or unsanitary appearance of
the pushcarts or their operators.
B. The neighboring city of Santa Ana has recently adopted and
implemented an ordinance which reduces the approximately
700 pushcarts operating within the City of Santa Ana to not
more than 200.
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The incidence of pushcarts within the City of Tustin, and
their associated nuisances, has increased as pushcart
vendors displaced by Santa Ana's new law seek other areas
as potential markets.
The City of Tustin Zoning Code does not adequately regulate
vendors or pushcarts operating within the city nor limit
their number.
E. The development of a permanent ordinance will require
further study and analysis. The City Council has the
authority to adopt an urgency ordinance to protect the
public safety, health, and welfare while the permanent
ordinance is being developed.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section 1. The following provisions are hereby adopted as
interim regulations for the operation of pushcarts:
"INTERIM PUSHCART REGULATIONS
1.0 PURPOSE
The purpose of this ordinance is to establish interim
regulations in order to control the operation of pushcarts and
to protect the public health, safety, general welfare, and
quality of life of Tustin citizens. The Tustin City Council has
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Ordinance No. 1088
Page 2
found and determined that these interim regulations for
pushcarts are necessary to attain that goal. These regulations
are intended to supplement any applicable provisions contained
within the Tustin City Code.
2.0 DEFINITIONS
Unless otherwise stated, the following definitions pertain
to this urgency ordinance.
"Director" means the Community Development Director or her
designee.
"Operator" means any person who operates a pushcart for the
purpose of vending food, beverage, or product therefrom.
"Owner" means any person as defined herein owning or controlling
one or more pushcarts and:
(1) Conducts or permits or causes the operation of such
pushcart(s) for vending food, beverage or product;
(2) Owns, operates, controls, manages, or leases such
pushcart(s); or
(3) Contracts with persons to vend food, beverage or
product from such pushcart(s).
"Owner's permit" means a business license issued by the City of.
Tustin authorizing the holder to engage in the business of
vending food, beverage or product from a pushcart.
"Person" means any natural person, firm, partnership,
association, corporation, stockholder, including, but not
limited to, owners, operators, lessors and lessees of pushcarts.
"Pushcart" means any wagon, cart, or similar wheeled container,
which is not a "vehicle" as defined in the Vehicle Code of the
State of California, from which food, beverage, or product is
offered for sale to the public.
"Solicitor's Permit" means the permit issued to any person who
operates a pushcart for the purpose of soliciting, vending, or
of f er ing f or sale any f ood , beverage , or product f rom a pushcart
on any private property, sidewalk, street, alley, highway or
public place within permitted areas of the City of Tustin.
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Ordinance No. 1088
Page 3
"Vend or vending" means offering food, beverage, or product of
any kind for sale from a pushcart on any sidewalk, street,
alley, highway or unenclosed place open to the public, whether
publicly or privately owned, including the movement or standing
of a pushcart for the purpose of searching for, obtaining or
soliciting retail sales of products.
3.0 GENERAL REGULATIONS
Pushcarts are prohibited -in the City of Tustin except as
provided herein:
a. Upon issuance of approved City Business and
Solicitor's License permits, pushcarts may operate
within the City of Tustin in the following locations
only:
1. Any commercial multi -use or multi -tenant shopping
center with either 30,000+ square feet of
leasable area or which is greater than one (1)
acre in site size;
2. Any "Large Gathering" regulated by Part 3 of
Chapter 2, Article 3 (Business Regulations) of
the Tustin City Code.
b. Pushcarts may be operated only between the hours of
7:00 a.m. and 9:00 p.m.
C. Each pushcart shall have affixed to it in plain view
a valid solicitor's license, personal identification,
and any necessary State or City permit required by
law.
4.0 PERMITS REQUIRED
a. No person shall operate a pushcart vending business as
an owner without the required business license,
solicitors permit or other license or approval
required under any other chapter of this Code for each
and every pushcart said person is operating or . causing
to be operated in the City of Tustin.
b. No person shall operate a pushcart for the purpose of
vending without a valid solicitors permit issued
pursuant to the provisions of this urgency ordinance.
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Ordinance No. 1088
Page 4
C. No person shall employ or retain any person to operate
a pushcart for the purpose of vending unless the
person so employed or retained has a valid solicitors
permit issued pursuant to the provisions of this
urgency ordinance.
5.0 PROHIBITED CONDUCT
a. No noise making devices shall be used in %conjunction
with pushcart vending.
b. Pushcarts shall not be stationed for purposes of
offering food, beverage, or product for sale in any
location which creates an unreasonable obstruction to
the normal flow of vehicular or pedestrian access,
within ten (10) feet of any intersection, driveway, or
building entrance, or in any space designed for
vehicular parking.
C. No signs or other advertising devices are permitted
beyond those painted or affixed to the cart or its
canopy.
d. Pushcarts may not operate without a refuse bin of at
least one cubic foot being provided in or on the
pushcart.
6.0 GENERAL PENALTY FOR VIOLATION
a. Any person violating or failing to comply with any
provision or mandatory requirement of this ordinance
shall be guilty of a misdemeanor unless charged as an
infraction by an enforcing officer.
b. Each person guilty of a misdemeanor or infraction
shall be guilty of a separate offense for each and
every day during any portion of which any violation or
any provision of this ordinance is committed,
continued or permitted by such person and shall be
punished accordingly.
C. The penalties and procedures provided in this
ordinance shall be cumulative and in addition to any
other procedure or procedures provided in this
ordinance or by state law for the abatement of the
pushcart violation, and abatement hereunder shall not
prejudice or affect any action, civil or criminal, for
the existence of such violation."
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Ordinance No. 1088
Page 5
Section 2. Pursuant to the California Environmental Quality
Act ("CEQA") and Article 18 of the State Guidelines, the
proposed project has been found to be exempt from the
requirements of CEQA, and therefore, no environmental documents
are required.
Section 3. This Ordinance is a City-wide Urgency Ordinance,
enacted pursuant to Government Code Section 65858(b), adopting
regulations for the operation of pushcarts. The Urgency
Ordinance shall extend for a period of 45 days from the date of
adoption of this Ordinance, unless legally extended by a noticed
public hearing or terminated.
Section 4. There is a current and immediate threat to the
public welfare, health, and safety. The facts constituting the
urgency are as follows:
(1) Without additional regulations in place, it is
anticipated that the occurrence of pushcarts within
the City of Tustin, and their associated nuisances,
could soon increase as a significant number of
pushcart vendors displaced by Santa Ana's new law seek
other areas as potential markets.
(2) The uncontrolled existence of pushcarts can xesult in
loitering, excessive noise, health risks related to
potentially unsanitary conditions, blocking sidewalks
or driveways, creating a trash problem, or presenting
a potential security or safety risk to the general
public.
(3) Current regulations permit uncontrolled and
unmonitored concentrations of pushcarts which may
unfairly compete with existing commercial uses.
(4) Failure to immediately implement pushcart regulations
through the adoption of an urgency ordinance could
result in a substantial number of pushcart vendors
circumventing future pushcart provisions to be
considered by the City.
Therefore, the City Council finds and declares that this Urgency
Ordinance is required for the immediate preservation of the
public peace, safety, and/or health of the citizens of Tustin.
This Ordinance shall be adopted by a four-fifths (4/5) vote of
the City Council and shall be effective immediately upon the
adoption by such vote.
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Ordinance No. 1088
Page 6
Section 5. Severability
All of the provisions of this urgency ordinance shall be
construed together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or
if a provision is declared to be invalid or unconstitutional as
applied to all facts, all of the remaining provisions of this
ordinance shall continue to be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council held
on the 18th day of May, 1992.
E6R��r•AANNE P• •
MARY E YNN
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1088
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted at a regular meeting of the
City Council held on the 18th day of May, 1992, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Dodo\1088.
Potts, Puckett, Saltarelli, Thomas
None
None
Pontious
MARY E WYNN, aity Clerk
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ORDINANCE NO. 1092
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, E%TENDING URGENCY
ORDINANCE NO. 1088 AND ADOPTING INTERIM
REGULATIONS FOR THE OPERATION OF PUSHCARTS
IN THE CITY OF TUSTIN.
The City Council of the City of Tustin finds and determines as
follows:
A. The uncontrolled existence of pushcarts can result in
complaints of pushcarts blocking sidewalks or driveways,
creation of trash problems, potential security and safety
risks to the general public, generating loud noise, and
creating actual and/or perceived health risks associated
with the sometimes unsightly or unsanitary appearance of
the pushcarts or their operators.
B. The neighboring city of Santa Ana has recently adopted and
implemented an ordinance which reduces the approximately
700 pushcarts operating within the City of Santa Ana to not
more than 200.
C. The incidence of pushcarts within the City of Tustin, and
their associated nuisances, has increased as pushcart
vendors displaced by Santa Ana's new law seek other areas
as potential markets.
D. The City of Tustin Zoning Code does not adequately regulate
vendors or pushcarts operating within the city nor limit
their number.
E. The development of a permanent ordinance will require
further study and analysis. The City Council has the
authority to adopt an urgency ordinance to protect the
public safety, health, and welfare while the permanent
ordinance is being developed.
NOW, THEREFORE, the City Council of the City of Tustin DOES
HEREBY ORDAIN as follows:
Section 1. The following provisions are hereby adopted as
interim regulations for the operation of pushcarts:
"INTERIM PUSHCART REGULATIONS
1.0 PURPOSE
The purpose of this ordinance is to establish interim
regulations in order to control the operation of pushcarts and
to protect the public health, safety, general welfare, and
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Ordinance No. 1092
Page 2
quality of life of Tustin citizens. The Tustin City Council has
found and determined that these interim regulations for
pushcarts are necessary to attain that goal. These regulations
are intended to supplement any applicable provisions contained
within the Tustin City Code.
2.0 DEFINITIONS
Unless otherwise stated, the following definitions pertain
to this urgency ordinance.
"Director" means the Community Development Director or her
designee.
"Operator" means any person who operates a pushcart for the
purpose of vending food, beverage, or product therefrom.
"Owner" means any person as defined herein owning or controlling
one or more pushcarts and:
(1) Conducts or permits or causes the operation of such
pushcart(s) for vending food, beverage or product;
(2) Owns, operates, controls, manages, or leases such
pushcart(s); or
(3) Contracts with persons to vend food, beverage or
product from such pushcart(s).
"Owner's permit" means a business license issued by the City of
Tustin authorizing the holder to engage in the business of
vending food, beverage or product from a pushcart.
"Person" means any natural person, firm, partnership,
association, corporation, stockholder, including, but not
limited to, owners, operators, lessors and lessees of pushcarts.
"Pushcart" means any wagon, cart, or similar wheeled container,
which is not a "vehicle" as defined in the Vehicle Code of the
State of California, from which food, beverage, or product is
offered for sale to the public.
"Solicitor's Permit" means the permit issued to any person who
operates a pushcart for the purpose of soliciting, vending, or
offering for sale any food, beverage, or product from a pushcart
on any private property, sidewalk, street, alley, highway or
public place within permitted areas of the City of Tustin.
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Ordinance No. 1092
Page 3
"Vend or vending" means offering food, beverage, or product of
any kind for sale from a pushcart on any sidewalk, street,
alley, highway or unenclosed place open to the public, whether
publicly or privately owned, including the movement or standing
of a pushcart for the purpose of searching for, obtaining or
soliciting retail sales of products.
3.0 GENERAL REGULATIONS
Pushcarts are prohibited in the City of Tustin except as
provided herein:
a. Upon issuance of approved City Business and
Solicitor's License permits, pushcarts may operate
within the City of Tustin in the following locations
only:
1. Any commercial multi -use or multi -tenant shopping
center with either 30,000+ square feet of
leasable area or which is greater than one (1)
acre in site size;
2. Any "Large Gathering" regulated by Part 3 of
Chapter 2, Article 3 (Business Regulations) of
the Tustin City Code.
b. Pushcarts may be operated only between the hours of
7:00 a.m. and 9:00 p.m.
C. Each pushcart shall have affixed to it in plain view
a valid solicitor's license, personal identification,
and any necessary State or City permit required by
law.
4.0 PERMITS REQUIRED
a. No person shall operate a pushcart vending business as
an owner without the required business license,
solicitors permit or other license or approval
required under any other chapter of this Code for each
and every pushcart said person is operating or causing
to be operated in the City of Tustin.
b. No person shall operate a pushcart for the purpose of
vending without a valid solicitors permit issued
pursuant to the provisions of this urgency ordinance.
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Ordinance No. 1092
Page 4
C. No person shall employ or retain any person to operate
a pushcart for the purpose of vending unless the
person so employed or retained has a valid solicitors
permit issued pursuant to the provisions of this
urgency ordinance.
5.0 PROHIBITED CONDUCT
a. No noise making devices shall be used in conjunction
with pushcart vending.
b. Pushcarts shall not be stationed for purposes of
offering food, beverage, or product for sale in any
location which creates an unreasonable obstruction to
the normal flow of vehicular or pedestrian access,
within ten (10) feet of any intersection, driveway, or
building entrance, or in any space designed for
vehicular parking.'
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C. No signs or other advertising devices are permitted
beyond those painted or affixed to the cart or its
canopy.
d. Pushcarts may not operate without a refuse bin of at
least one cubic foot being provided in ok on the
pushcart.
6.0 GENERAL PENALTY FOR VIOLATION
a. Any person violating or failing to comply with any
provision or mandatory requirement of this ordinance
shall be guilty of a misdemeanor unless charged as an
infraction by an enforcing officer.
b. Each person guilty of a misdemeanor or infraction
shall be guilty of a separate offense for each and
every day during any portion of which any violation or
any provision of this ordinance is committed,
continued or permitted by such person and shall be
punished accordingly.
C. The penalties and procedures provided in this
ordinance shall be cumulative and in addition to any
other procedure or procedures provided in this
ordinance or by state law for the abatement of the
pushcart violation, and abatement hereunder shall not
prejudice or affect any action, civil or criminal, for
the existence of such violation."
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Ordinance No. 1092
Page 5
Section 2. Pursuant to the California Environmental Quality
Act ("CEQA") and Article 18 of the State Guidelines, the
proposed project has been found to nvironm ntal do uments
e exempt from the
requirements of CEQA, and therefore, no e
are required.
Section 3. This Ordinance is a City-wide Urgency Ordinance,
enacted pursuant to Government Code Section 65858(a), adopting
interim regulations for the operataonriod of 10 months and 15
f pushcarts. Urgency
Ordinance No. 1092 is effective for pe
days from the date of expiration of Ordinance No. 1088 (July 2,
1992), unless legally extended by a noticed public hearing or
terminated.
Section 4. There is a current and immediate threat to the
public welfare, health, and safety which necessitate adoption of
Ordinance No. 1092 as an urgency measure. The facts
constituting the ur4ency are as follows:
(1) Without additional regulations in place, it is
anticipated that the occurrence of pushcarts within
the City of Tustin, and their associated nuisances,
could soon increase as a significant number of
pushcart vendors displaced by Santa Ana's new law seek
other areas as potential markets.
(2) The uncontrolled existence of pushcarts can result in
loitering, excessive noise, health risks related to
potentially unsanitary conditions, blocking sidewalks
or driveways, creating a trash problem, or presenting
a potential security or safety risk to the general
public.
(3) Current regulations permit uncontrolled and
unmonitored concentrations of pushcarts which may
unfairly compete with existing commercial uses.
(4) Failure to continue interim pushcart regulations
through the adoption of this Urgency Ordinance which
has the impact of extending Urgency Ordinance No. 1088
could result in a substantial number of pushcart
vendors circumventing future pushcart provisions to be
considered by the City.
Therefore, the City Council finds and declares that this Urgency
Ordinance is required for the immediate preservation ens of of the
public peace, safety, and/or health of the c
This Ordinance shall be adopted by a four-fifths (4/5) vote of
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Ordinance No. 1092
Page 6
the City Council and shall be effective immediately upon
expiration of Urgency Ordinance No. 1088 on July 2, 1992.
Section 5. Severability
All of the provisions of this urgency ordinance shall be
construed together in order to accomplish the purpose of these
regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or
if a provision is declared to be invalid or unconstitutional as
applied to all facts, all of the remaining provisions of this
ordinance shall continue to be fully effective.
PASSED AND ADOPTED at a regular meeting of the City Council held
on the 15th day of June, 1992.
LESLIE ANNE PONTIOUS
MAYOR
MARY E. WYNN
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1092
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Urgency
Ordinance was passed and adopted'at a regular meeting of the
City Council held on the 15th day of June, 1992, by the
following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
DO:do\1092.
MARY E. WYNN, City Clerk