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Ordinance 19-02ORDINANCE NO. 19-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE AMENDING TITLE 6 CHAPTER 6.76 (ROADSIDE AND SIDEWALK VENDING) OF THE EASTVALE MUNICIPAL CODE TO BE CONSISTENT WITH SB 946 RELATED TO LOCAL REGULATION OF STREET VENDORS WHEREAS, SB 946 went into effect on January 1, 2019, and requires all local regulation of "sidewalk vendors" to comply with SB 946 and prohibits local agencies from banning sidewalk vendors entirely; and WHEREAS, SB 946 defines a sidewalk vendor as "a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path; and WHEREAS. Chapter 6.76 of the Eastvale Municipal Code was adopted by the City Council upon incorporation, and generally prohibits any person from selling food, merchandise, goods, or wares within the public right-of-way, except from lawfully parked vehicles in a residential street subject to certain regulations; WHEREAS, Chapter 6.76 of the Eastvale Municipal Code is inconsistent with SB 946 to the extent that it completely prohibits sidewalk vendors; and WHEREAS, the City Council desires to amend Chapter 6.76 to permit sidewalk vendors and ensure consistency with State law. NOW, THEREFORE, the City Council of the City of Eastvale ordains as follows: SECTION 1. AMENDMENT OF CHAPTER 6.76 (ROADSIDE AND SIDEWALK VENDING). Chapter 6.76 (Roadside and Sidewalk Vending) of the Eastvale Municipal Code is hereby amended in its entirety to read as set forth in the attached Exhibit A. SECTION 2. SEVERABILITY. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the Pact that any one or more sections. subsections, subdivisions. sentences. clauses. phrases, or portions thereof be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect thin} (10) day's from its passage by the City Council. SECTION 4. PUBLICATION. The City Clerk is authorised and directed to cause this Ordinance to be published within fifteen (15) days after its passafge in a newspaper of acneral circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be -published in the manner required by law using the alternative summary and posting procedure authorised under Government Code Section 36933(c). PASSED, APPROVED AND ADOPTED this 27th day of February, 2019. Todd Rigby Mayor APPROVED AS TO FORM: ATTEST: f------------------ Erica Vega �b$ Ste en A. Aguilar CMC City Attorney City Clerk 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE § CITY 01: FAsLVALE 1, Steven D. Aouilar, City Clerk of the Cit} of Eastvale. California, do hereby certify that the foregoing Ordinance No. 19-02, was introduced at a regular mectin- ofthe City Council of the City of Eastvale held on the I 3th day offebruary, 2019, and was passed by the City Council of the City of Eastvale ata regular meeting held on the 27th day of February, 2019, by the Iollowin- vote: AYES: Council Members Lorimore. Yow, Mayor pro Term Plott and Mayor Rigby NOES: None ABSE--',,N"f: Council Member Tessari A13STAIN: None �04 stc -en . Aguilar, CMC Citv C'tcrk EXHIBIT A TITLE 6 CHAPTER 6.76 (ROADSIDE AND SIDEWALK VENDING) OF THE EASTVALE MUNICIPAL CODE 6.76.010 — Purpose. The purpose of this chapter is to establish a roadside and sidewalk vending program within the boundaries of the City while maintaining regulations that are directly related to the objective health, safety, and welfare of the City. 6.76.020 — Definitions. The following definitions apply to this Chapter: Cart means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart. Director means the City Manager or his or her designee. Food means any type of edible substance or beverage. Goods or merchandise means any item that is not food. Health Department means the Riverside County Department of Environmental Health. Mobile cart means a pushcart. pedal -driven cart, wagon, or other nonmotorized, conveyance used by a roaming sidewalk vendor. Permit means a permit related to sidewalk vending that is issued in accordance with this chapter. Permit fee means the fee charged for issuance of the permit related to sidewalk vending that is issued in accordance with this chapter. Person or persons means one or more natural persons. individuals, groups, businesses, business trusts. companies, corporations. point ventures. joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. Residential street means any public or private street within a residence district as defined within Vehicle Code § 515. Roadside >>ending means vending from a motorized vehicle operated on a public or private street. Roaming sideii7alk vei2dor has the same meaning as set forth in Government Code section 51036(b). and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. Sidewalk means any surface in the public right-of=-,vay provided for the use of pedestrians. Sidetit alk vending program means the program established by this chapter that is applicable to sidewalk vending -related activities. Side►valk hendor has the same meaning as set forth in Government Code section 51036(a) and includes a person who sells food or merchandise from a pushcart, stand. display, pedal -driven cart, wagon. showcase. rack, or other nonmotorized conveyance. or from one's person. upon a public sidewalk or other pedestrian path. Slalionaly Cart means a pushcart. stand. display. pedal -driven cart. wagon. showcase. rack. or other nonmotorized conveyance. that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction. Slalionary sidelvalk vendor has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location. Vehicle means a motorized vehicle as defined in Vehicle Code § 670. Vending means the offering or displaying for sale or selling of any food, merchandise. goods, or wares. 6.76.030 — Business registration required. No sidewalk vendor or roadside vendor may operate anywhere within the City without first obtaining a business registration. 6.76.040 — Roadside vending. A person may engage in roadside vending provided the following restrictions are followed: A. A person may engage in roadside vending from a lawfully parked vehicle on a residential street. Roadside vending is not allowed on nonresidential streets; B. No person vending from a lawfully parked vehicle shall operate any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1.000 feet, unless in conjunction with a special event as set forth in the Eastvale Municipal Code. C. No person shall engage in vending from a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed five minutes; D. A roadside vendor shall maintain a clean and trash -free area within a 10 -foot radius around the vendor's vehicle and shad ensure that such area is clean and trash -free before moving the vehicle to a new location. E. Any vendor engaged in the retail sale of food shall obtain a food facility permit from the Health Department prior to obtaining a business registration from the City. F. A vendor shall comply with otherwise applicable laws, including permitting and zoning requirements. 6.76.050 — Sidewalk vending - Permits required. A. No sidewalk vendor may vend anywhere within the City without first obtaining a sidewalk vending permit pursuant to this chapter. B. No permit will confer entitlement or exclusive right to vend at a specified location within the City. C. A permit is required for each cart. stationary cart, or stationary sidewalk vendor display at a fixed location. 6.76.060 — Sidewalk vending - Application requirements A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application: i. Valid identification, such as a State of California identification, or any other government -issued identification card: ii. The name, address and telephone number of the sidewalk vendor; iii. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a stationary sidewalk vending cart; iv. Proposed hours of operation: V. Proposed location of operation: vi. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart; vii. The type of food or merchandise offered for sale or exchange viii. Proof of a valid business registration: ix. Proof of liability insurance; X. An application fee as set forth by resolution of the City Council; xi. A valid California Department of Tax and Fee Administration seller"s permit and additional licenses from state or local agencies to the extent required by law; xii. Proof of completion of a food handler course and present a copy of the course completion certificate. if applicable; xiii. A permit from the Health Department for food -relating vending, if applicable; Prerequisite for vending food; xiv. A declaration that the information provided to the City is true and correct; and; xv. Any other information or applicable permits. including operations -related information, as may be required by the Eastvale Municipal Code. B. Each application for a permit shall be accompanied by a non-refundable permit processing fee established by resolution of City Council from time to time. C. Permits will expire six months after the date of issuance. D. Permits are not transferrable. 6.76.070 — Sidewalk vending — Permit Renewal. A. To renew a sidewalk vending permit. a sidewalk vendor must provide all the information as set forth in Section 6.76.070. B. A person whose permit is revoked may not reneNN their permit for one year. 6.76.080 — Sidewalk vending - Denial, revocation, or suspension of permit. A. In addition to any other reason provided for in this chapter, a permit may be denied, suspended or revoked when it has been determined that the sidewalk vendor: i. Has not complied with the applicable provisions of this chapter four or more times; ii. Has knowingly made a false statement of fact in an application for such permit; or iii. Has payment of any administrative fine that remains outstanding. iv. Has engaged in activity that presents an objective threat to the public health, safety. or welfare; B. From the time of the revocation or suspension of a sidewalk vendor permit granted under the provisions of this chapter. it is unlawful for any person whose permit has been suspended or revoked to operate within City boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the City during the period of time that a permit has been revoked. terminated or suspended. 6.76.090 — Sidewalk vending - Appeal hearings. A. Any person aggrieved by any determination under the provisions of this chapter shall be entitled to appeal that decision as provided herein. B. Any recipient of an administrative citation may contest that there was a regulatory violation or that he or she is the responsible party. C. Any interested person may appeal a decision of the director regarding an application for or revocation of a sidewalk vendor permit by tiling with the City Clerk a complete notice of appeal within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing. state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury. and be accompanied by the filing fee established by City Council resolution. D. If an appeal is timely filed, the City Clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received. The hearing will be a de novo hearing on the action appealed from. At the hearing, the appellant will have the right to offer testimonial, documentary. and tangible evidence bearing upon the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. E. The hearing officer will issue written findings and a decision within ten days of the conclusion of the hearing. and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8. F. The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. 6.76.100 — Sidewalk vending - Operational requirements. A. A cart used for sidewalk vending must obtain and prominently display a valid permit and all other permits issued by other public agencies. B. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold. C. A cart must operate according to its approved hours of operations. No sidewalk vendor will operate anywhere in the City between the hours of 10:00PM and 7:00 AM daily. Roaming sidewalk vendors in residential areas shall not operate any time from one-half hour after sunset to one-half hour before sunrise. D. No cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time. E. Sidewalk vendors must not operate alongside any public roadways or streets where no paved sidewalk is available. F. All sidewalk vendors shall allow City enforcement officers, County health inspectors or other government officials to inspect their sidewalk vending activities at any time. G. No vendor cart may exceed a length of 72 inches, a width of 54 inches, or a height. including any roof, awning, or umbrella, of 80 inches. H. No sidewalk vendor shall use an electrical outlet or water supply that is owned by the City or another person or entity other than the sidewalk vendor, nor shall they use propane or electric generators. I. No sidewalk vendor that utilizes a pushcart may set up or use an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the permit obtained by the sidewalk vendor. J. All sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks. K. All sidewalk vendors shall maintain a clean and trash -free area within a 10 -foot radius around the vendor"s cart during hours of operation and shall ensure that such area is clean and trash -free before relocating or closing. L. No cart may be outfitted with any equipment or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification. flashing lights, smoke, steam, and bubbles. Signs associated with the sidewalk vendor must comply with the City's Sign Ordinance. 6.76.110 — Sidewalk vending - residential areas. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale. 6.76.120 — Sidewalk vending - Prohibitions on placement of stationary or mobile carts. A. No sidewalk vendor may place or leave any cart, canopy, merchandise displays, perishables, or other items relating to vendor's business in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes the following: i. Within 3 feet from the edge of the curb: ii. Within 10 feet of a marked crosswalk, the curb return of an unmarked crosswalk, or a driveway or driveway apron: iii. Within 25 feet of an entrance or exit to a building, structure or facility; iv. Within 30 feet of'any fire hydrant: V. Within 250 feet of another sidewalk vendor; vi. Within 500 feet of city hall. fire stations. law enforcement stations, civic center, anywhere public safety personnel is actively performing duties, places of worship from one hour before until one hour after services or other public events, or a public or private school or daycare facility between the hours of 6:00 a.m. and 6:00 p.m., vii. Where placement impedes the flow of vehicular traffic such as on public streets or public highways: viii. Adjacent to any marked loading zone or bus zone; ix. No cart may be stored, parked. or left overnight on any public street or right- of-way, or in any public park. and X. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet. or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA). B. No cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended. C. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property. 6.76.130 — Sidewalk vending - special events. No sidewalk vending is allowed within 1000 feet of a permitted special event during the duration or operating hours of such an event. Permitted events include certified farmers" markets, swap meets. and any event that requires the temporary use of.. or encroachment on, the sidewalk or other public area, including. but not limited to, an encroachment permit, special event permit, or temporary event permits. 6.76.140 — Sidewalk vending - Fines. Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows: A. For vending without a valid license or permit: i. An administrative fine of $250 for a first violation; ii. An administrative fine of $500 for a second violation within one year of the first violation; iii. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation, iv. Upon proof of a valid permit issued by the City before such fines are due, the City will reduce the amount of the fines to $100 for the first violation, $200 for the second violation. and $500 for each violation thereafter. B. For all violations of this chapter other than vending without a valid license or permit as outlined in subsection A above: i. An administrative fine of $100 for a first violation; ii. An administrative fine of $200 for a second violation within one year of the first violation: iii. An administrative fine of $500 for a third violation within one year of the first violation; iv. An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit. C. The City will provide the person subject to the fine notice of his or her right to request an ability -to -pay determination and will make available instructions or other materials for requesting an ability -to -pay determination. D. Fines assessed pursuant this section may be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f). E. Fines collected under this section will be deposited with the City's treasury for general use. 6.76.150 — Sidewalk vending - Removal of cart. The City may request the sidewalk vendor- remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart. or if the cart has been abandoned. the City may remove the cart and/or dispose of the cart. after providing at least 30 days' notice of redemption to the address associated with the cart. if any. 6.76.160 Public nuisance declaration. Any violation of this chapter is declared to be unlawful and a public nuisance.