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HomeMy WebLinkAbout21 MOBILE VENDING ORD 04-07-03AGENDA REPORT Agenda Item 21 Reviewed: City Manager Finance Director MEETING DATE: APRIL 7, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CITY ATTORNEY SUBJECT: INTRODUCTION OF AN ORDINANCE REGULATING MOBILE VENDING SUMMARY: The City Attorney is recommending first reading of an Ordinance regulating mobile vending. RECOMMENDATION: Authorize first reading of an Ordinance repealing Subsections (1) and (2) of Tustin City Code Section 5330(L) and amending Chapter 3 of Article 3 of the Tustin City Code relating to Mobile Businesses. DISCUSSION: Current City regulations regarding mobile vending are inadequate. Tustin City Code Section 5330(L)(1) and (2) only regulates the parking of mobile vending vehicles and is not supported by any findings relating to public safety. Chapter 3 of Article 3 of the Tustin City Code, Part 1 regulates mobile ice cream vendors, but not the vendors of food and other products. Mobile vendors have been increasingly active in the City, thus prompting the need for this Ordinance. Our local State Court of Appeal ruled in 1993 that cities could not ban vending from vehicles parked on streets. The proposed Ordinance regulating mobile vending is based on the traffic hazards and special dangers to the public safety and welfare of children and residents in the City. It also aims at protecting the physical environment, including aesthetics and the quiet enjoyment of residential neighborhoods during the hours of rest. A'FI'ACHMENTS: Tustin City Code Section 5330L Proposed Ordinance Blackline of Existing Code Section on Ice Cream Vendors TUSTIN CITY CODE TRAFFIC REGULATIONS 6330 upon any public street in this City. TempOrary emergency repairs may be made upon a public street, [allowing] one (1) hour for private v~hiclee and two (2) hours for commercial vehicles. (Ord. No. 786, Sec. 18, 2-5-79) h Washing or PolisMug Vehicles No person shall wash or ca.se to be washed, polish or cause to be polished any ve~icle or any part thereof upon any public street in this City, when a cb~vSe is made for such service. t Parking Ac~acent to Schools (1) The City Trafltc Engineer is hereby authorized to erect signs indicetin~ no'parkln~ upon thataide of any street adjacent to any school property when such parking won]d, in hie opinion interfere with trai~fic or create a hazardous situation. · ' . (2) When crucial signs are erected prohibiting parkin~ upon that side cfa street adjacent 'to any school property, no parson shall park a vehicle in any such designated place. J Use of Streets for Storing V~ie vehicles Prohibited. No person shall store any vehicle with a width of dghty (80) inches or more on ~ny public street or dedicated alley. TBs term "store," for purposes Of this subsection, shall mean continuously parking such vektcle on any public street or dedicated alley within the same two (~), mile radius for a consecutive period of more than seventy-two (72) hoursl :;Any violation of this subsection shall be deemed an infraction, pun~chable by a fine of one h~dred dollars ($100.00). A second violation of this sUbSection shall be punishable by a fine of two hundred dollars ($200.00), aud a third and subsequent violation, shall be deemed a misdemeanor. (Ord. No. 1250, Sec. 8, 11-19-01) k Nonmotor~zed Vehicles, ~sHm, and Oemp~e No person shall at ~ ~s p~k or lca~ s~ ~y no~zed veMcle; ~ar, or c~per, ~ess o~d~ ~ isn~, when it h~ b~n de~ ~m i~ moor veMcle ~ ~y pubBc s~oot or d~ca~d ~ ex.pt f~ p~ceec ofl~ or ~ca~ ~d for a ps~od not ~ exc~ ~en~-fo~ (24) ho~s. (~d. No. 1250, Sec. 4, I1-19-01) '" I U~~ P~S; Peddlers, ~iors rose.les ~ food s~ ~ s~d, ~ple~, So~ol~d or ~ for s~ or b~r~ or ~d, or ~ l~ w~an or as~ c~ or ve~cle, on ~ po~ of~ s~eet ~ ~s Ci~ ~cept ~at su~ ve~cl~, wagons cr pushc~ m~ et~d or p~k o~ at t~ r~u~t of a bo~ fide p~h~r ~r a p~d of ~e not ~ ~d t~ (10) ~u~s at ~ One pla~. ~ pr~fo~ ~ ~ subse~on sh~ not apply to pe~ons d~ve~ such.~es upon order c~ or by a~m~t ~ a c~t~er '~m a s~ or ~h~ ~d pl~e of busings or ~s~bu~on. TUST~N CE~ CODE TRAFFIC REGULATIONS · (2) No person shall park or stand on any street any lunch wagon, eating cart or vehicle, pushcart, cr other device from which 'any foodstuff or beverage are sold or offered for sale without first cbt-~-~ng a written permit to do so from tho City .Traffic Engineer which ~h~ll dasignato the specific location in which such cart shall stand. (3) BIo persons shall park or stand any vchicle or wagon or other device used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so - from the City Traffic Engineer which shall designate the specific location where such vehicle.may stand. · (4) Vtrnenever any permit is ~-anted under the provisions of this Section and a particular location to park or stand is specified' therein, no person shall park or stand any vehicle, wagon, or pushcart or other device on any location other than as designated in such pa~,~iit. In the event that the. holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this Section, such permit shall be'forthwith revoked by the City Traffic Engineer upon the filing of the record of such conviction with such officer and no permit shell .thereafter be issnsd'to', such person until six (6) months have elapsed from the date of such re¥oc}tion. (Ord. No. 785, Sec. 19, 2-5-79) m Emergency Parkin~ Signs (1) Whenever the City Traffic Ehgineer shall determine that an emergency traffic congestion is likely to result from the holding of public or.private assemblages, gathers, or functions, or for other reasons, the City Traffic Enginenr shall have power and authority to order temporary signs to be'erected or posted indicating that· the operation, parking or standing of vehiclas is prohibited on such streets and alleys as the City Traffc Engineer shall direct during the time such .t~mporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the City Traffic Engineer shall cause such eigrm to be removed promptly thereafter. · (2) When signs authorized by the provisions of this Section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. n Reserved. (Ord. No. 370, Sec. 1; Ord~ No. 786, Sec. 20, 2-/i-79) ~331 STOPPING~ STANDING OR PARKING RESTRICTED OR PROHIBITED ON CER- TAINSTREETS ' · i".. ..... Twenty-Four Minute Parking Green curb markings shall mean no standing or parking for a period oft/me longer than 24 minutes, P~V. laOOl PS-3-16 ORDINANCE NO. 1274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY TUSTIN, REPEALING SUBSECTIONS (1) AND (2) OF TUSTIN CITY CODE SECTION 5330(L) AND AMENDING CHAPTER 3 OF ARTICLE 3 OF THE TUSTIN CITY CODE RELATING TO MOBILE BUSINESSES The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. Purposes. The City Council finds that mobile vending businesses such as those from which goods and services are offered for purposes of retail sale while parked at the curb or on public streets pose traffic hazards and special dangers to the public safety and welfare of children and residents in the City. It is the purpose and intent of the City Council in amending the Tustin Code to provide persons engaged in mobile vending businesses with clear and concise regulations to prevent and avoid such safety hazards. In addition, mobile vending businesses create litter and noise in residential neighborhoods. If they are operated during the hours of rest, they can disturb the quiet enjoyment of residential neighborhoods. Accordingly, an additional purpose of this ordinance is to protect the physical environment, including aesthetics, and the quiet enjoyment of residential neighborhoods. SECTION 2. Findings. The City Council finds and determines as follows: Mobile vending businesses, which includes those selling food, dry goods and ice cream attract attention in residential areas and cause residents to congregate around vehicles, often in the street, and frequently blocking the public sidewalks. Mobile vending businesses are often operated by one person who is not cable of controlling crowds, including children who may dart in and out of traffic in order to gain access to the mobile vending business. This is a particular problem near schools, parks and recreational facilities. Mobile vendors usually have box like trucks that create line of sight problems for motorists if they are parked within 100 feet of an intersection. By the use of horns and whistles and other attention-getting sounds, mobile vending businesses can cause noise pollution in residential areas. Ordinance No. 1274 Page 2 The area around mobile vending businesses is often strewn with wrappings and discarded paper products. PART 1 PART 2 The sound of commercial activity during the hours of rest can disturb the quiet enjoyment of residential neighborhoods. SECTION 3. Subsections (1) and (2) of Section 5330L of the Tustin City Code are hereby repealed. SECTION 4. Part 1 of Chapter 3 of Article 3 of the Tustin City Code, governing Mobile Businesses is hereby amended to read as follows: CHAPTER 3 MOBILE BUSINESSES CHAPTERINDEX MOBILE VENDING 3311 MOBILE VENDING PERMIT REQUIRED 3312 PREREQUISITES FOR MOBILE VENDING PERMIT 3313 INVESTIGATION 3314 APPLICATION REQUIREMENTS 3315 PROHIBITED CONDUCT 3316 APPLICABILITY OF PERMIT REQUIREMENT TO EXISTING BUSINESSES 3317 NUISANCE MOBILE AUTOMOBILE SERVICES 3321 MOBILE AUTOMOBILE SERVICES PERMIT REQUIRED 3322 REGULATION OF MOBILE AUTOMOBILE SERVICES PART 1 MOBILE VENDING 3311 MOBILE VENDING PERMIT REQUIRED No person shall operate any mobile vending business without first having obtained a mobile vending permit from the Director for each vehicle so engaged. If the owner and operator of the vehicle are different, both shall be applicants for a mobile vending permit. Ordinance No. 1274 Page 3 3312 PREREQUISITES FOR MOBILE VENDING PERMIT A person shall be disqualified from receiving a permit pursuant to this part if he or she has been convicted of any offense requiring registration pursuant to Section 290 of the Penal Code or Section 11590 of the Health and Safety Code, or any other offense involving a minor. 3313 INVESTIGATION The Director shall cause to be investigated all persons proposed to participate in the operation of the mobile vending business. Such persons shall be photographed and fingerprinted at the Police Department. All vehicles proposed to be licensed shall be inspected for safety at the Police Department. 3314 APPLICATION REQUIREMENTS In addition to all information requested on the application form, the applicant shall submit the following: (1) A certificate of liability insurance for the business operation; (2) If applicable, evidence of compliance with the provisions of Part I of Chapter 1 of Article IV of the Tustin City Code pertaining to food and food establishments; and (3) If applicable, evidence of compliance with applicable County and State health requirements. (4) Evidence that the vehicle is insured in accordance with California law. 3315 PROHIBITED CONDUCT (a) No person shall operate a mobile vending business which is stopped, parked or standing on any public street: (1) Within five hundred (500) feet of any school property, public or Homeowner Association park, public playground or public recreational facility; (2) Within five hundred (500) feet of any other food vending vehicle which is engaged in the operation of vending; (3) Within 100 hundred (100) feet of an intersection; Ordinance No. 1274 Page 4 (4) When the posted speed limit on the public street, alley or highway is greater than thirty-five (35) miles per hour; (5) When the vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code; (6) When any part of the vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley or highway; (7) When the vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway; (8) When the prospective customer is standing or sitting in another vehicle; (9) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; or (10) Between the hours of 9 p.m. and 7a.m. (b) No person shall back a vending vehicle to make or attempt to make a sale. (c) No mobile vending business shall be conducted in any one (1) location for longer than thirty (30) minutes, and shall be moved a minimum of five hundred (500) feet from the previous location before vending again. (d) No minor under the age of sixteen (16) shall ride in or on a vending vehicle while such vending vehicle is engaged or about to be engaged in the operation of vending. (e) No additional lighting other than that required by the California Vehicle Code may be installed or operated on vending vehicle. (f) All vending vehicles shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such vehicle, and the operator of the vending vehicle which shall pick up all refuse generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved. (g) Noise-making devices for mobile vending shall be limited to musical devices. No person shall employ horns or whistles. Noise-making devices shall remain silent for a cumulative total of at least three (3) minutes during any five (5) minute time period. Ordinance No. 1274 Page 5 (h) Mobile vendors shall carry proof of liability insurance for their vehicle at all times and shall maintain such insurance continuously in compliance with the Vehicle Code. (i) Mobile vendors shall continuously maintain vehicles in compliance with safety provisions of the Vehicle Code. (j) Mobile vendors shall continuously comply with all provisions of County and State law regarding the safe and healthful handling and storage of foodstuffs. (k) No person conducting a mobile vending business shall establish a stationary display of wares on a public street, the public parkway or the public sidewalk. The stationary display of all products and services shall be contained within the vending vehicle. 3316 APPLICABILITY OF PERMIT BUSINESSES REQUIREMENT TO EXISTING The provisions of this Part requiring a permit shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this ordinance. All such persons and businesses shall have thirty (30) days from the effective date of this ordinance to file a completed application for a mobile vending permit with the Director. All other regulations herein shall apply on the effective date of the ordinance. 3317 NUISANCE. Any mobile vending business operated contrary to the provisions of this Part shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof, in the manner provided by this Code, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a mobile vending business contrary to the provisions of this Part. SECTION 5. The definition of Mobile Ice Cream Vendor in Section 3141 of the Tustin City Code is hereby amended to read: Mobile Vendor, Mobile Vending. Mobile Vendor means persons who operate a mobile vending business, including an owner or operator of the vehicle used in the business. A mobile vending business offers products, food, or services for sale from a vehicle on a public street or while parked on a Ordinance No. 1274 Page 6 public street. Mobile vending does not include mobile automobile services, delivery services, plumbers, electricians, landscapers, roofers, pizza or restaurant delivery services or the delivery of stamps to a postal box by the United States Postal Service. SECTION 6. I f any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held 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 Tustin 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. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of ,2003. TRACY WILLS WORLEY, Mayor PAMELA STOKER, City Clerk Ordinance No. 1274 Page 7 ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1274 PAMELA STOKER, 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 Ordinance No. 1274 was duly and regularly introduced and read at the regular meeting of the City Council held on the 7th day of April, 2003, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2003, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Ordinance No. 1252 Page 21 (2) Events conducted on Tustin Unified School District property with District approval; and, (3) Events sponsored or cosponsored by the City. 3245 NO OBSTRUCTION OF PUBLIC WAYS BY PATRONS OF LARGE GATHERING Patrons of the large gathering shall not gather together and obstruct the free passage of any street, sidewalk, alley, public way, or access way used by members of the public. Patrons of the large gathering shall not stand, sit, or lie on any street or sidewalk so as to obstruct or hinder the free passage of othem. The holder of the large gathering permit shall be responsible for enforcement of the foregoing, and the Director may require that security fomes be employed to ensure that public ways are not obstructed. CHAPTER3 MOBILE BUSINESSES CHAPTERiNDEX PART 1 MOBILE 3311 MOBILE ~ PERMIT REQUIRED 3312 PREREQUISITES FOR MOBILE ~ PERMIT 3313 INVESTIGATION 3314 APPLICATION REQUIREMENTS d 3315 PROHIBITED CONDUCT 3316 APPLICABILITY OF PERMIT REOUIREMENT TO EXISTING BUSINESSES PART 2 MOBILE AUTOMOBILE SERVICES 3321 MOBILE AUTOMOBILE SERVICES PERMIT REQUIRED 3322 REGULATION OF MOBILE AUTOMOBILE SERVICES ........ 166475.~2 March 31. 2003 Ordinance No. 1252 Page 22 PART 1 MOBILE ..................... ~ 3311 MOBILE ~C,E~,,~-AM~zEN~VENBING PERMIT REQUIRED No pemon shall operate any business by vehicle for the primary purpose of selling or offering for sale; ....... ~-~ ~'~'~ cr "+~' ~ ........ '~'; ...... ~ .... ~ k ......... from the vehicle while on oublic street or while harked on a oublic street any oroducts, food. or services ("mobile vendinu"t without first having obtained a mobile ~e~eem-ve~ew_.~ permit from the Director for each vehicle so engaged. Mobile vsndino does not Include mobile automobile services, deliverv services, olumbere. electricians, landscaeers, roofers, pizza or restaurant delivery services, or the deliverv of statues to a oostal box by the United States Postal Service. 3312 PREREQUISITES FOR MOBILEI~~ PERMIT A person shall be disqualified from receiving a permit pursuant to this part if he or she has been convicted of any offense requiring registration pursuant to Section 290 of the Penal Code or Section 11590 of the Health and Safety Code, or any other offense involving a minor. 3313 INVESTIGATION The Director shall cause to be investigated all persons proposed to participate in the operation of the mobile !cc. c:c."-m vc,-,dc,'vendinu business. Such persons shall be photographed and fingerprinted at the Police Department. All vehicles proposed to be licensed shall be inspected for safety at the Police Department. 3314 APPLICATION REQUIREMENTS In addition to all info~ation requested on the application form, the applicant shall submit the following: (1) A certificate of liability insuranc~ for the business ooeration: (2) Ev!d:.".::~ ' ' of compliance with the provisions of Part I of Chapter 1 of Article IV of the Tustin City Code pertaining to food and food establishments; and (3) Evide~oelf ar)nllcabla, evidence of compliance with applicable County and State health requirements. (4) Evidence that the vehicle is insure~ in accordance with Califernla law. 3315 PROHIBITED CONDUCT No nersen shall onerate a mobile vendin~ business which is stonned, oarked or standin~ on any nublic street: Within five hundred 1500) feet of any school nronert~ ornubhc' hark.. ' Within five hundred (500~ feet of any other food vending vehicle which is en~a~ed in the ooeration of veudin~ Within 100 hundred (100~ feet of an intersection: When the ousted sueed limit on the nublic street, alley or hiohwav is ~reatcr than thirty-five (35] miles ocr hour: When the vendin~ vehicle is uarked in violation of any other nrovision of this Code or the California Vehicle Code: When any hart of the vendin~ vehicle is ones to nrosneetive customers other than on the side of the vehicle next to the rioht side of the street, alley or When the vendin~ vehicle is not stunned, oarked or standin~ on the right side of the street, alley or hi~.hwayi (8~ When the nrosnective customer is standin~ or sittin~ in another vehicle: When the urosnective customer is located in that nortion of the street, alley or hi~.hwav which is ones to vehicular traffic: or (10._~} Between the hours of 9 n.m. and 7a.m. I'b} No Demon shall back a vendino vehicle to make or afferent to make a sale, ici No mobile vendino business shall be conducted in any one Hi location for Iqnqer than thirty ~301 minutes, and shall be moved a minimum of five hundred (5001 feet from the orevious location before vendino aoain. (dl No minor under the ane of sixteen t161 shall ride in or on a vendino vehicle while such vendlno vehicle Is enosoed or about to be enoeaad In the ooeretion 9f vendlno. fei No addi!!onal liahtina other than that reauired bv the California Vehicle Code mav be installed or ooerated on vendlna vehicle. (fl All vendlna vehicles shall be eauiooed with refuse containers larae enouah to contain ell refuse aenerated bv the ooemtion of such vehicle, and the o~rator Of the vending vehicle which ehell nick un ell refuse ;enerated bv such ooerstlon within a fifty.foot radius of the vehicle before such vehicle is moved. e=(I;I}.~^;....-~ .... ...-.*...,=~;"" ~...~.r~""~""" Noise-making devices for rsobile vendino shall be limited to musical devices. No ~, .......... 3erson shall employ ,".cmshorns or whistles. Noise-making devices shall remain silent for a cumulative total of at least three (3) minutes during any five (5) minute time period. (h'~ ~ Mobile vendors shall carry proof of liability insurance f. or...their~.Jli~at all times and shall maintain such insurance continuously ' ' Pc; .m?,',',cc= .q~ Mobile vendors shall continuously maintain vehicles in compliance with safety provisions of the Vehicle Code. -P-er-~Mobile vendors shall continuously comply with all provisions of County and State law regarding the safe and healthful handling and storage of foodstuffs. (ki No nerson conductina a mobile vendina business shall establish a stationary diaolav of wares on a oublic street, the aubllc oarkwav or the oublic sidewalk. The stationary disolav of all oroduct~ ~lrld services shall be contained within the vendina vehicle. 3316 APPLICABILITY OF PERMIT REQUIREMENT TO EXISTING BUSINESSES The orovisions of this Part reouirina a permit shall be aonlicable to all eersons and businesses described herein whether the herein described activities were established before or after the effective date of this ordinance. All such oersons and businesses shall have thirty (30~ days from the effective date to file a comoleted aoolication for a mobile vendino~ermlt with the Director. All other regulations herein shall annl¥ on the effective date of the ordinance. Any mobile vendin(~ busipess onerated contrary to the nrovisions of this Part shall be and the same is hereby declared [~ ~e unlawful and a oublic nuisance and the city attorney may, in addition to or In lieu of orosecufinn a criminal action hereunder, commence an action or actions, oroceedlno or =roceedlnos. for the abatement, removal or enlovment thereof, in the manner orovided bv this Code. and may take such other stem and may aoolv to such court or courts as may have lurlsdiction to orant such relief as will aba~e or remove such establishment and restrain and enioin any oerson from o~eratino a mobile vendin= business contrarv to the orovisions of this Part. PART 2 MOBILE AUTOMOBILE SERVICES 3321 MOBILE AUTOMOBILE SERVICES PERMIT REQUIRED No person shall operate or maintain a mobile automobile service without first having obtained a mobile automobile services permit from the Director. 3322 REGULATION OF MOBILE AUTOMOBILE SERVICES Mobile automobile services shall comply with the provisions of City Code Section 4900 et seq., Water Quality Control, pursuant to the National Pollutant Discharge Elimination System (NPDES). When cleaning engines and/or vehicles using chemical additives such as soaps, solvents, or degreasers: (1) Service must be performed at a facility thal has the equipment to treat, process, and dispose of the contaminated wastewater runoff: or