HomeMy WebLinkAboutORD 1088 (1992) 1 ORDINANCE NO. 1088
2
3 AN INTERIM URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF TUSTIN, ADOPTING ·
4 INTERIM REGULATIONS FOR THE OPERATION OF
PUSHCARTS IN THE CITY OF TUSTIN.
5
6 The City Council of the City of Tustin finds and determines as
follows:
A. The uncontrolled existence of pushcarts can result in
8 complaints of pushcarts blocking sidewalks or driveways,
creation of trash problems, potential security and safety
9 risks to the general public, generating loud noise, and
creating actual and/or perceived health risks associated
~0 with the sometimes unsightly or unsanitary appearance of
the pushcarts or their operators.
B. The neighboring city of Santa Ana has recently adopted and
32 implemented an ordinance which reduces the approximately
700 pushcarts operating within the City of Santa Ana to not
33 more than 200.
]4 C. The incidence of pushcarts within the City of Tustin, and
their associated nuisances, has increased as pushcart
35 vendors displaced by Santa Ana's new law seek other areas
as potential markets.
D. The City of Tustin Zoning Codedoes not adequately regulate
37 vendors or pushcarts operating within the city nor limit
their number.
E. The development of a permanent ordinance will require
~9 further study and analysis. The City Council has the
authority to adopt an urgency 'ordinance to protect the
20 public safety, health, and welfare while the permanent
ordinance is being developed.
NOW, THEREFORE, the City Council of the City of Tustin DOES
22 HEREBY ORDAIN as follows:
23 Section 1. The following provisions are hereby adopted as
241 interim regulations for the operation of pushcarts:
"INTERIM PUSHCART REGULATIONS
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1.0 PURPOSE
The purpose of this ordinance is to establish interim
27 regulations in order to control the operation of pushcarts and
to protect the public health, safety, general welfare, and
28 quality of life of Tustin citizens. The Tustin City Council has
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, bev. erage 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. 1088
2 Page 3
4 "Vend or vendinq" means offering food, beverage, or product of
any kind for sale from a pushcart on any sidewalk, street,
5 alley, highway or unenclosed place open to the publiC, whether
publicly or privately owned, including the movement or standing
6 of a pushcart for the purpose of searching for, obtaining or
soliciting retail sales of products.
7
3.0 GENERAL REGULATIONS
8
Pushcarts are prohibited in the City of Tustin except as
9 provided herein:
~0 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
~3 center with either 30,000+ square feet of
leasable area or which is greater than one (1)
]4 acrein site size;
~5 2. Any "Large Gathering" regulated by Part 3 of
Chapter 2, Article 3 (Business Regulations) of
]G the Tustin City Code.
~7 b. Pushcarts may be operated only between the hours of
7:00 a.m. and 9:00 p.m.
]8
c. Each pushcart shall have affixed to it in plain view
~9 a valid solicitor's license, personal identification,
and any necessary State or City permit required by
20 law.
21 4.0 PERMITS REQUIRED
22 a. No person shall operate a pushcart vending business as
an owner without the required business license,
23 solicitors permit or other license or approval
required under any other chapter of this Code for each
2~ 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. 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 (i0) 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 guiltyof 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."
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 andimmediate 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
2 Page 6
4 Section 5. Severability
All of the provisions of this urgency ordinance shall be
construed together in order to accomplish the purpose of these
6 regulations. If any provision of this part is held by a court
to be invalid or unconstitutional, such invalidity or
7 unconstitutionality shall apply only to the particular facts, or
if a provision is declared to be invalid or unconstitutional as
8 applied to all facts, all of the remaining provisions of this
ordinance shall continue to be fully effective.
9
PASSED AND ADOPTED at a regular meeting of the City Council held
10 on the 18th day of May, 1992.
12 / ~/~t ~
I~~ ANNE PONT~OUS
STATE OF CALIFO~IA )
]G~ CO~TY OF O~NGE )
]7~ CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1088
]8
~ ~Y E. WYNN, City Clerk and ex-officio Clerk of the City
~9, 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:
CO~CILPERSONS AYES: Ports, Puckerr, Saltarelli, Thomas
~ COUNCILPERSONS NOES: None
CO~CILPERSONS ABSTAINED: None
~4 COUNCILPERSONS ABSENT: Pontious ·
~ ~RY~WYNN, ~Clerk
DO:doX1088.
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