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Home My WebLink About97-09 Establishing a Citywide Prohibition of Pushcarts and Sidewalk VendorsORDINANCE NO. 97-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING COSTA MESA MUNICIPAL CODE SECTIONS 9-125,9-128,9-191, 9-191.14, 9-191 15, 9-191.16, AND REPEALING SECTIONS 9-191 1 THROUGH 9-191 13, INCLUSIVE, AND ESTABLISHING A CITYWIDE PROHIBITION OF PUSHCARTS AND OTHER SIDEWALK VENDORS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS. Section 1 . The City Council of the City of Costa Mesa does hereby find and declare as follows: WHEREAS, by Ordinances Nos. 74-69 and 91-1, the City of Costa Mesa has imposed regulations on persons peddling, selling or delivering liquids or edible products for human consumption and other products from pushcarts, packs, baskets, handcarts, wagons, shopping carts or other non -motorized vehicles (collectively, "pushcart vendors") on sidewalks and parkways; WHEREAS, the pushcart vendors have and continue to violate City regulations to such a magnitude that: 1) their products for human consumption present a significant threat to the health and safety of the public, 2) the pushcart vendors trespass on private property, 3) the pushcart vendors utilize audible devices at all hours of the day and evening thereby destroying the peace and quiet of residential neighborhoods, and 4) the pushcart vendors operate their vending in a manner constituting a significant threat to the health, safety and welfare of the public. WHEREAS, pushcart vending operations on sidewalks, parkways and other public property are hereby declared to be a public nuisance which may be prohibited in the City and subject to abatement actions if continued after the effective date of this ordinance. WHEREAS, the prohibition of all pushcart vendors in the City will protect the health, safety and welfare of the public. Section 2. Subsection (p) of Section 9-125 of the Costa Mesa Municipal Code is hereby amended to read as follows: °(p) Sidewalk sales and parking lot sales. The terms sidewalk sales and parking lot sales shall mean the sale of merchandise from a retail establishment located in a permanent structure directly adjacent to the sidewalk or parking lot used for the sale and does not include pushcart vending prohibited by Section 9- 191 " Section 3. Subsection (i) of Section 9-128 of the Costa Mesa Municipal Code is hereby amended to read as follows: NO Sidewalk sales and parking lot sales. The term sidewalk sales and parking lot sales shall mean the sale of -merchandise from a retail establishment located in a permanent structure directly adjacent to the sidewalk or parking lot used for the sale and does not include pushcart vending prohibited by Section 9-191 " Section 4. Section 9-191 of the Costa Mesa Municipal Code is hereby amended to read as follows: "(a) General Prohibition. No person shall sell or offer for sale any food, beverage, or product from any portable box, stand, bag, basket, bucket, ice chest, shopping cart, wagon, cart, non -motorized vehicle, or similar wheeled container on any street, alley, parkway, or sidewalk, or in any park or unenclosed area open to the general public. No person shall employ, direct or otherwise cause any other person to sell or offer for sale any food, beverage or product in violation of subsection (a) of this section. (b) Exceptions. The prohibition in subsection (a) of this section shall not apply to the following: (1) Persons selling or delivering to retail establishments; (2) A person who sells edibles from a wayside stand located on property owned or controlled by him, all of which edibles are grown or raised on such property by such person or by members of his immediate family or under a valid single seasonal agricultural permit; (3) The operator of a public eating place; (4) Commercial peddling or soliciting authorized by permit pursuant to sections 9-131, 9-132 and 9-133; (5) Pushcart vendors located within a commercial shopping center at a specified location pursuant to a written license or lease of the private property owner or agent and in compliance with all applicable zoning regulations; (6) Commercial vending vehicles subject to California Vehicle Code section 22455." Section 5. Section 9-191 14 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 9-191 1 Conducting as a Nuisance. Any pushcart operated contrary to the provisions of this article 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 enjoinment thereof, in the manner provided by law, 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 pushcart contrary to the provisions of this Article." Section 6. Section 9-191 15 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 9-191.2 Citations for violation and minimum penalty All police officers code enforcement officers inspectors, and civilian police field personnel of the City of Costa Mesa are authorized to issue citations to any and all persons violating any of the provisions of this Article pursuant to section 1-33 of this Code. Such citation shall be deemed to be a complaint charging violations of this Article. The minimum penalty for violation of this Article shall be $100.00." Section 7. Sec 9-191 16 of the Costa Mesa Municipal Code is hereby amended to read as follows: Sec. 9-191.3 Impounding unlawfully operated devices. All police officers, code enforcement officers, inspectors and civilian police field personnel of the City of Costa Mesa are authorized and empowered to remove or cause to be removed and stored all devices operated, parked, caused to be parked or left parked upon any sidewalk, alley, parkway, public street public parking lot or other public property contrary to the provisions of this Code, or illegally parked, and to destroy the perishable contents of the device and the owner or operator of the device shall be liable for any reasonable towing, storage charges, and costs of enforcement of the provisions of this Chapter " Section B. Sections 9-191 1, 9-191.2, 9-191.3, 9-191 4, 9-191.5, 9- 191.6, 9-191 7, 9-191.8, 9-191.9, 9-191 10, 9-191 11, 9-191 12 and 9-191 13 are hereby repealed. Section 9. Severability If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 10. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 21st day of April, 1997 ATTEST Deputy City Cler of the City of Costa Mesa STATE OF CALIFORNIA 1 COUNTY OF ORANGE 1 ss CITY OF COSTA MESA 1 Mayor of the City of Cbt Mesa PAPPROVED AS TO FORM CITY ATTORNEY I, MARY T ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 97-9 was introduced and considered section by section at a regular meeting of the City Council held on the 7th day of April, 1997, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 21 st day of April, 1997, by the following roll call vote: AYES. BUF,-A , h16A/ANa111 t t2, 0I:S6A) �oincRS NOES. COUJA-) ABSENT 101vE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of April, 1997 Deputy Cift Clerk and ex -officio Clerk of the City Celuncil of the City of Costa Mesa