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HomeMy WebLinkAboutORD 1274 (2003)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. Findinqs. The City Council finds and determines as follows: ao 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. bo 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. do 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 e. The area around mobile vending businesses is often strewn with wrappings and discarded paper products. f. 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: PART 1 PART 2 CHAPTER 3 MOBILE BUSINESSES MOBILE VENDING CHAPTER INDEX 3311 3312 3313 3314 3315 3316 3317 MOBILE VENDING PERMIT REQUIRED - PREREQUISITES FOR MOBILE VENDING PERMIT INVESTIGATION APPLICATION REQUIREMENTS PROHIBITED CONDUCT APPLICABILITY OF PERMIT REQUIREMENT TO EXISTING BUSINESSES NUISANCE MOBILE AUTOMOBILE SERVICES 3321 MOBILE AUTOMOBILE SERVICES PERMIT 3322 REGULATION OF MOBILE AUTOMOBILE SERVICES REQUIRED 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. Ail 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'(l) 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 con~pleted 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. If 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 21st day of April, 2003. WORLEY, 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 21st day of April, 2003, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: t~ot~fg COUNCILPERSONS ABSTAINED: NOt~ _ COUNCILPERSONS ABSENT: t~ot~