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HomeMy WebLinkAboutORD 1092 (1992) ] 2 ORDINANCE NO. 1092 3 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF 4 THE CITY OF TUSTIN, EXTENDING URGENCY ORDINANCE NO. 1088 AND ADOPTING INTERIM 5 REGULATIONS FOR THE OPERATION OF PUSHCARTS IN THE CITY OF TUSTIN. 7 The City Council of the City of Tustin finds and determines as follows: 8 A. The uncontrolled existence of pushcarts can result in 9 complaints of pushcarts blocking sidewalks or driveways, creation of trash problems, potential security and safety ]0 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 ~3 implemented an ordinance which reduces the approximately 700 pushcarts operating within the City of Santa Ana to not ]4 more than 200. ~5 C. The incidence of pushcarts within the City of Tustin, and their associated nuisances, has increased as pushcart ]O vendors displaced by Santa Ana's new law seek other areas as potential markets. ~7 D. The City of Tustin Zoning Code does not adequately regulate ~8 vendors or pushcarts operating within the city nor limit their number. ~9 E. The development of a permanent ordinance will require 20 further study and analysis. The City Council has the authority to adopt an urgency ordinance to protec~ the 2] public safety, health, and welfare while the permanent ordinance is being developed. 22 NOW, THEREFORE, the City Council of the City of. Tustin DOES 23 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 28 regulations in order to control the operation of pushcarts and to protect the public health, safety, general welfare, and 1 2 3 4 5 6 7 g 9 10 11 12 13. 14' 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 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. Ordinance No. 1092 Page 3 "Vend or vendinq" 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. ] Ordinance No. 1092 Page 4 4 co No person shall employ or retain any person to operate 5 a pushcart for the purpose of vending unless the person so employed or retained has a valid solicitors 6 permit issued pursuant to the provisions of this urgency ordinance. ~ 7 I 5.0 PROHIBITED CONDUCT ~ 8 a. No noise making devices shall be used in conjunction 9 with pushcart vending. ]0 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, ]2 within ten (10) feet of any intersection, driveway, or building entrance, or in any space designed for ]3 vehicular parking. ]4 c. No signs or other advertising devices are permitted beyond those painted or affixed to the cart or its ]5 canopy. ]O d. Pushcarts may not' operate without a refuse bin of at least one cubic foot being provided in or on the ]7 pushcart. ]8 6.0 GENERAL PENALTY FOR VIOLATION ]9 a. Any person violating or failing to comply with any provision or mandatory requirement of this ordinance 20 shall be guilty of a misdemeanor unless charged as an infraction by an enforcing officer. b. Each person guilty of a misdemeanor or infraction 22 shall be guilty of a separate offense for each and every day during any portion of which any violation or 23 any provision of this ordinance is committed, continued or permitted by such person and shall be 24 punished accordingly. 25 c. The penalties and procedures provided in this ordinance shall be cumulative and in addition to any 26 other procedure or procedures provided in this ordinance or by state law for the abatement of the 27 pushcart violation, and abatement hereunder shall no~ prejudice or affect any action, civil or criminal, for 28 the existence of such violation." 2 Ordinance No. 1092 Page 5 4 Section 2. Pursuant to the California Environmental Quality 5 Act ("CEQA") and Article 18 of the State Guidelines, the proposed project has been found to be exempt from the 6 requirements of CEQA, and therefore, no environmental documents are required. 7 Section 3. This Ordinance is a City-wide Urgency Ordinance, 8 enacted pursuant to Government Code Section 65858(a), adopting interim regulations for the operation of pushcarts. Urgency 9 Ordinance No. 1092 is effective for a period of 10 months and 15 days from the date of expiration of Ordinance No. 1088 (July 2, 30 1992), unless legally extended by a noticed public hearing or terminated. ]] Section 4. There is a current and immediate threat to the 32 public welfare, health, and safety which necessitate adoption of Ordinance No. 1092 as an urgency measure. The facts ~3 constituting the urgency are as follows: ~4 (1) Without additional regulations in place, it is anticipated that the occurrence of pushcarts within 35 the City of Tustin, and their associated nuisances, could soon increase as a significant number of ]6 pushcart vendors displaced by Santa Ana's new law seek other areas as potential markets. (2) The uncontrolled existence of pushcarts can result in ]8 loitering, excessive noise, health risks related to potentially unsanitary conditions, blocking sidewalks ~9 or driveways, creating a trash problem, or presenting a potential security or safety risk to the general 20 public. 2] (3) Current regulations permit uncontrolled and unmonitored concentrations of pushcarts which may 22 unfairly compete with existing commercial uses. 23 (4) Failure to continue interim pushcart regulations through the adoption of this Urgency Ordinance which 24 has the impact of extending Urgency Ordinance No. 1088 could result in a substantial number of pushcart 25 vendors circumventing future pushcart provisions to be considered by the City. Therefore, the City Council finds and declares that this Urgency 27 Ordinance is required for the immediate preservation of the public peace, safety, and/or health of the citizens of Tustin. 28 This Ordinance shall be adopted by a four-fifths (4/5) vote of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 2G 27 28 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. ~ LE LIE ANN PONTIOUS MAYOR MARY E. YNN CITY CL K 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 : Pontious, Potts, Puckett, Saltarelli, Thomas COUNCILPERSONS NOES : None COUNCILPERSONS ABSTAINED: None COUNCILPERSONS ABSENT: None DO:do\1092. ~ W MARY E. YNN, Ci y Clerk