HomeMy WebLinkAboutPH 3 PUSHCART ORD 05-03-93PUBLIC HEARING N0. 3
5-3-93
DATE: MAY 3, 1993 Inter Corn
—�
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: EXTENSION OF URGENCY PUSHCART ORDINANCE
It is recommended that the City Council:
1. Minute order that Urgency Ordinance No. 1106 have reading
by title only;
2. Minute order that Urgency Ordinance No. 1106 be
introduced and adopted, extending interim pushcart
regulations originally established by Urgency Ordinances
- 1088 and 1092 for an additional one year period.
FISCAL IMPACT
No fiscal impact is anticipated as a result of Council approval of
this Ordinance.
BACKGROUND AND DISCUSSION
On May 18, 1992, 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 (Attachment A). A summary of the interim regulations
contained therein is provided in Attachment B.
California Planning, Zoning and Development Law limits the initial
enactment of Urgency measures (Ordinance 1088) to not more than 45
days. In accordance with State law, Council extended these interim
Urgency measures for an additional period of 10 months and 15 days
through adoption of Ordinance 10.92 (identical to Ordinance 1088,
except for date of expiration). Interim Ordinance 1092 is due to
expire on May 18, 1993. However, Council is authorized under State
law to adopt one last extension, after a noticed public hearing,
_ for a maximum additional period of one year. If adopted, Urgency
Ordinance 1106 (Attachment C) would provide this additional
extension till May 18, 1994.
City Council Report
Page 2
Staff believes that the past one year period is sufficient to
monitor and gauge the past success of the interim measures.
However, so that staff might adequately prepare a permanent
ordinance for adoption and enactment, and conduct public hearings
without the occurrence of an unregulated "window" period, a
continuation of the existing interim regulations is required.
Community Development and Police Department staff will continue to
monitor pushcarts within the City during the interim period.
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. Interim
Ordinances can be established or extended for a period not
exceeding two (2) years. Urgency Ordinance 1106 would continue
previously adopted interim regulations to the two year maximum
period (May 18, 1994) or until a permanent ordinance is adopted by
Council, whichever occurs first.
The regulations proposed by Urgency Ordinance No. 1106 are
identical to Ordinances 1088 and 1092 previously adopted by the
Tustin City Council. 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.
CONCLUSION
Staff would recommend that Council approve the extension of Urgency
Ordinance No. 1088 and Ordinance No. 1092 by adoption of Urgency
Ordinance 1106.
Dana Ogdon
Senior Planner
DO:kd\pshcart3.ccr
Christine A. Shy3gleton
Assistant City Mnager
Attachments: Ordinance No. 1088
Ordinance No. 1106
Tustin City Code "Large Gathering"
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ATTACHMENT A
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.
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
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
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. 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
a valid solicitor's
and any necessary
law.
4.0 PERMITS REQUIRED
have affixed to it in plain view
license, personal identification,
State or City permit required by
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 pilshcarts. 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 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 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.
,�,�V��l
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E. LJ
MARY E41MYNN
CITY CL RK
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:
DO:do\1088_
Potts, Puckett, Saltarelli, Thomas
None
None
Pontious
MARY E WYNN, City Clerk
ATTACHMENT B
Due to the passage of time, staff has provided the following
summary of the interim regulations to be extended, if adopted:
1. Licenses required
All pushcart business owners would be required to obtain a City
Business License. State Health Department and other permits would
also be required. All vendors would also be required to obtain a
solicitor's permit.
2. Cost
The following fee amounts could apply:
Business license - $25.00
Solicitor's fee - $10.00 per day
Any required HealthDepartment fees
3. Hours of operation
Hours would be limited to between 7:00 a.m. and 9:00 p.m.
4. Approved locations
Pushcarts would be prohibited throughout the City except at:
a. Any commercial multi -use or multi -tenant shopping center with
either 30,000+ square feet of leasable area or greater than one (1)
acre in site size with owner's permission;
b. Any "Large Gathering" (regulated by Part 3 of Chapter 2,
Article 3 of the Tustin City Code which is attached as Attachment
D) of more than 500 persons including but not limited to any
festival, race, parade, fair, City or School event, etc., in
conjunction with approval of a special event permit only.
Pushcarts would be permitted to operate on either private property
(with owner permission) or on the public right-of-way (with staff
approval).
5. General Regulations
a. No noise making devices may be used on a pushcart.
b. A pushcart may not block or distract vehicles.
C. No signs would be allowed beyond those painted or affixed to
the cart.
d. All permits must be prominently displayed on the cart.
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ATTACHMENT C
ORDINANCE NO. 1106
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, E%TENDING URGENCY
ORDINANCE NO. 1088 AND URGENCY ORDINANCE NO.
1092 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
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Ordinance No. 1106
Page 2
to protect the public health, safety, general welfare, and
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. 1106
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. 1106
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. 1106
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(a), adopting
interim regulations for the operation of pushcarts. Urgency
Ordinance No. 1106 is effective for a period of one (1) year
from the date of the expiration of Ordinance No. 1092 (May 18,
1993), 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. 1106 as an urgency measure. 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 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 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
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Ordinance No. 1106
Page 6
the City Council and shall be effective immediately upon
expiration of Urgency Ordinance No. 1092 on May 18, 1993.
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 3rd day of May, 1993.
LESLIE ANNE PONTIOUS
MAYOR
MARY E. WYNN
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1106
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 3rd day of May, 1993, by the following
vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
2811 Do:do\1106 MARY E. WYNN, City Clerk
1
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ATTACHMENT D
TUSTIN CITY CODE ENTERTAINMENT 3230
PART 3 LARGE GATHERINGS
3230 PERMITS REQUIRED
No person shall organize, advertise, conduct, establish, maintain, carry on, set up, assist,
or participate in any outdoor gathering of, or proposed to be of, more than five hundred (500)
persons for any purpose, including but not limited to any festival, music festival, dance
festival, public dance, show, street dance, parade, exhibition, fair or any other gathering
related or unrelated to any of the foregoing, without a permit therefor first having been issued
by the Director of Community Development; provided, however, that there are excepted from
the provisions of this Section the following:
(a) Carnivals and circuses for which permits have been granted by the Director of
Community Development;
(b) Sports and other events conducted on public school premises with approval of school
authorities.
(c) Events sponsored by the City. (Ord. No. 504; Ord. No. 929,6-17-85)
3231, APPLICATION
Application for such permit shall include:
(a) The address and legal description of the premises upon which the gathering is
proposed;
(b) Copies of all leases, licenses, contracts and other consents of the owner or owners of
the premises;
(c) The names, addresses and financial statements of all promoters, organizers, presenters,
proprietors and financial backers of the proposed gathering-,
(d) The hours and dates of the proposed gathering-,
(e) A detailed description of the program, agenda or plan of activities of the proposed
gathering;
(fl A statement of the estimated minimum and estimated maximum number of persons
who may reasonably be expected to attend the proposed gathering;
(g) A detailed description of each of the following items proposed by the applicants for
the proposed gathering
(1) A copy of each proposed advertisement and a description of all proposed publicity;
(2) A plan of the proposed access and traffic flow routes of ingress and egress
together with proposed directional signing traffic barriers, traffic control officers
and pedestrian control officers;
(3) A proposed parking plan;
(4) A proposed sanitation plan, including provisions for toilets and drinking water;
(5) A proposed plan for medical first aid assistance;
(6) A proposed plan for fire protection;
REV: 7-85
BR -2-13
TUSTIN CITY CODE ENTERTAINMENT 3234
therefor by the Director of Community Development, by any means or medium, including but
not limited to pamphlet, poster, handbill, billboard, sign, newspaper, magazine, radio and
television. No person shall print, distribute, broadcast, announce, use, or cause or assist in
any printing, distributing, broadcasting or announcement of any advertising of a proposed
gathering which has not been approved by the Director of Community Development.
No person shall advertise, promote or announce within the City any gathering of persons
proposed to be held outside the City, if such proposed gathering has not been regularly
licensed in accordance with the ordinances, statutes and regulations of the jurisdiction within
which the gathering is proposed. (Ord. No. 504)
3235 DISPERSAL UPON LAWFUL ORDER
No person engaging in, participating in or attending any gathering for which a permit
has not been granted shall fail to leave the area of such gathering upon demand by any police
officer of the City. (Ord. No. 504)
3236 UNLAWFUL ENTRY
It shall be unlawful for any person to enter, to attempt to enter, or to assist any other
person to enter, or to attempt to enter, any theatre, fair, festival, moving picture theatre,
athletic contest, place of amusement, place of entertainment, lecture or place of assemblage in
the City, for entrance of which an admission fee is charged or demanded, or ticket or permit to
enter is required, without having paid such admission fee or without having surrendered or
displayed such ticket or permit, unless such entrance is made with the express consent or
approval of the owner, proprietor or management of the place entered or sought to be entered.
(Ord. No. 504)
3237 OBSTRUCTION OF PUBLIC WAYS
Whenever two (2) or more persons gather together in such a manner as to obstruct the
free passage of any street, sidewalk, alley, public way or place used by members of the public
to go from place to place, such person shall move on or disperse when ordered to do so'by a
police officer. No person shall refuse or fail to disperse or move on when directed to do so by a
police officer. ,
No person shall stand, sit, linger, idle or loiter on any street, alley, sidewalk, park or
other public place, or in or about the entrance or exit of any business establishment, either on
foot or in an automobile or other vehicle, in such a manner as to obstructor hinder the free
passage of persons along such public way, or obstruct or hinder persons entering and exiting
from any business establishment.
For the purpose of this section, "business establishment" shall mean any retail store, food
market, theatre, restaurant, drive-in restaurant, gasoline service station, bar, hotel, motel or
any other establishment which is open to and provides the public with any goods or services.
(Ord. No. 504)
REV: 7 -ss
BR -2-15