Loading...
HomeMy WebLinkAbout97-12 Requirement of Permits and Regulations of Commercial Vending Vehicles on Public StreetsORDINANCE NO. 97-1Z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REPEALING SECTION 10-192 OF THE COSTA MESA MUNICIPAL CODE AND ADDING CHAPTER XXI TO TITLE 10 TO ESTABLISH THE REQUIREMENT FOR PERMITS AND REGULATIONS OF COMMERCIAL VENDING VEHICLES ON PUBLIC STREETS. 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 finds and declares as follows: WHEREAS, by Ordinance No. 66-35, the City of Costa Mesa has imposed permit and parking regulations on persons operating commercial vending vehicles on the public streets of the City; WHEREAS, the operators of commercial vending vehicles have and continue to violate City regulations to such a magnitude that: 1) the operators of commercial vending vehicles trespass on private property; 2) the operators of commercial vending vehicles utilize audible devices at all hours of the day and evening that destroy the peace and quiet of residential neighborhoods; 3) the number of operators of commercial vending vehicles has increased and the manner in which they operate their vehicles creates traffic and pedestrian safety hazards on public streets and sidewalks; and 4) commercial vending vehicles are operated in a manner to constitute a significant threat to the health, safety and welfare of the public. WHEREAS, the permitting and regulation of the operation, parking and stopping of commercial vending vehicles in the City will protect the health, safety and welfare of the public. Section 2. Section 10-192 of the Costa Mesa Municipal Code is hereby repealed and reserved for future use. Section 3. Chapter XXI is hereby added to Title 10 of the Costa Mesa Municipal Code to read as follows: "CHAPTER XXI Commercial Vending Vehicles Sec. 10-358 Purpose and findings. The City Council of the City of Costa Mesa finds that commercial vending vehicles pose traffic hazards, public health hazards and impact the safety of residents within the City of Costa Mesa. The intent of the ordinance is to provide clear and concise regulations to ensure public safety and prevent traffic and health hazards. This ordinance is also intended to preserve the peace and welfare of the residents of the City of Costa Mesa. Sec. 10-359 Definitions. For the purposes of this Chapter (a) Chief of Police shall mean the Police Chief or his or her designee. (b) City Planning Commission shall mean the Planning Commission. (c) City Attorney shall mean the City Attorney or his or her designee. (d) City Treasurer shall mean the City Treasurer or his or her designee. (e) Director of Development Services shall mean the Director of Development Services or his or her designee. (f) Goods or merchandise includes items and products of every kind and description, including all foods, produce and beverage items. (g) Human powered device shall mean any device moved by human power, including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled container or conveyance. (h) Commercial vending vehicle shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce or non-food sundries, including but not limited to goods, wares or merchandise, and/or prepared, prepackaged, eF unprepared> unpackaged food of any kind or any goods, wares or merchandise on any public street, alley or highway or private street or alley within the City of Costa Mesa. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a commercial vending vehicle. (i) Mobile vendor shall mean any person as defined in this article chapter who: 1) owns, controls, manages and/or leases a commercial vending vehicle; and/or 2) contracts with a person(s) to drive, operate, prepare foods and/or vend from a commercial vending vehicle. (i) Operator as used in this Chapter shall mean any and all person(s) who drive, operate, prepare foods and/or vend from a commercial vending vehicle. (j) Person shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature. (k) Public property shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Costa Mesa other than a street, alley, parkway or sidewalk. (1) Restocking shall mean any transfer of goods or merchandise to a commercial vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery (m) Risk Manager shall mean the City's Risk Manager or his or her designee. (n) Vehicle shall mean a device as defined in the California Vehicle Code and shall not include any human powered device. (o) Vend or vending as used in this Chapter means soliciting, displaying, or offering, moving or standing of a commercial vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared or unprepared food, prepackaged or unpackaged food or non-food sundries of any kind or any goods, wares, or merchandise for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the City Sec. 10-360 Permit required. No person shall own, control, manage, lease or contract with other persons for the operation of a commercial vending vehicle in the City without the appropriate valid permit issued pursuant to the provisions of this chapter in addition to any other license or permit required by the City Sec. 10-361 Operator's permit required. (a) Any person desiring to obtain an operator's permit to engage in the vending of goods or merchandise from a commercial vending vehicle, or the driving of such vehicle, pursuant to this Chapter shall make application to the City Treasurer or his or her designee. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for such renewal application. Each applicant for a operator's permit shall furnish the following information and documentation as part of or in conjunction with such application: (1) The present or proposed address from which the business is to be conducted, including the location of restocking and overnight parking of the commercial vending vehicle; (2) The full and true name under which the business will be conducted and description of items to be offered for sale; (3) The full and true name and any other names used by the applicant; (4) The present residence address and telephone number of the applicant; (5) California drivers license number of the applicant; (6) Acceptable written proof that the applicant is at least eighteen years of age. The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle; and (7) The applicant's height, weight, color of eyes and hair; (8) A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicles. (9) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this city, has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter and, if so, the circumstances of such suspension, revocation or conviction; (10) Written proof in a form satisfactory to the City Attorney or Risk Manager that the applicant is insured under the policy of insurance required for such business pursuant to section 10-371 of this chapter; (11) Such other identification and/or information as the City Treasurer or Chief of Police or his or her designee may require in order to discover the truth of the matters required to be set forth in the application; (b) When any change occurs regarding the written information required in this Chapter, the applicant shall give written notification of such change to the City Treasurer within fifteen (15) days after such change; Sec. 10-362 Display of Operator's permit and business license required. Each operator shall possess and at all times display in conspicuous view upon the left corner of the front windshield of each such commercial vending vehicle a City of 4 Costa Mesa business license, issued pursuant to Title 9 of this Code, and an operator's permit issued pursuant to this chapter Sec. 10-363 Issuance of permit. The City Treasurer shall grant the operator's permit within ten (10) days after receiving the completed application only if he or she finds that all of the following requirements have been met: (a) The required fees have been paid; (b) The application conforms in all respects to the provisions of this chapter; (c) The applicant has not made a material misrepresentation of fact in the application; (d) The applicant has not had a similar permit denied or revoked by the City within one (1) year prior to the date of such application; and (e) The applicant does not have any outstanding debt owing to the City and has obtained a valid City business license. (f) Where applicable, the applicant has obtained a valid Orange County Health Department permit as required for food handlers pursuant to Title 8 of this Code and California Health and Safety Code. Sec. 10-364 Denial of permit. (a) If the City Treasurer finds that not all of the requirements set forth in section 10-363 as applicable have been met, he or she shall deny the application for the operator's permit. In the event the application for the permit is denied by the City Treasurer, written notice of such denial shall be given to the applicant specifying the ground(s) of such denial. Notice of denial of the application for the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application or permit. (b) Any applicant whose application for a operator's permit has been denied by the City Treasurer may appeal such denial to the Planning Commission by filing a written notice of appeal with the City Treasurer within seven (7) days following the date of service of the decision and payment of the appeal fee prescribed by resolution of the City Council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the City Treasurer (c) No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one (1) year following such denial. 5 Sec. 10-365 Revocation of permit. (a) Any operator's permit may be revoked by the City Treasurer for good cause shown including but not necessarily limited to any of the following reasons: (1) Falsification of any information supplied by the permittee upon which issuance of the permit was based. (2) Failure of the permittee or any employees or subcontractors of the permittee to comply with the regulations set forth in this chapter (3) Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any State law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit. (4) Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this chapter (b) No revocation shall become effective until expiration of the appeal period. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the Planning Commission by filing a written notice of appeal with the City Treasurer within seven (7) days following the date of service of such decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of said notice of appeal shall be the date said notice and appeal fee are received by the City Treasurer If a timely appeal is filed, the revocation shall be stayed pending the decision of the Planning Commission. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period; and (c) No person or entity whose permit is revoked shall be eligible to apply for new permit for a period of one (1) year following such revocation. Sec. 10-366 Appeals. Upon receipt of a timely appeal by the Planning Commission, or its secretary, the Commission shall hear such appeal within thirty (30) days following the date of such appeal and shall give the appellant not fewer than five (5) days' advance notice of the date of such hearing. The decision of the Planning Commission shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the Planning Commission by mailed, written notice. The decision of the Planning Commission shall be final and subject to California Code of Civil Procedure section 1094.6. No revocation of a permit pursuant to this chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the Planning Commission decision; provided, however, that no permit holder shall operate during any period of time in which the insurance coverage required by this chapter is not in full force and effect. Sec. 10-367 Enforcement. The Director of Development Services, Director of Finance and the Chief of Police have the authority to enforce the provisions of this ordinance. In addition to other remedies, vehicles found in violation of this Chapter may be cited and removed in accordance with section 10-69. Sec. 10-368 Temporary special events permit. A person wishing to conduct a vending business at any special event shall apply to the City for a Temporary Vending Permit. Application for such a permit must be made at least thirty (30) days prior to the beginning of the event. Applicants must meet the same application requirements as other operators of commercial vending vehicles. The permit is valid only for the duration of the special event. A person granted a temporary permit are is subject to the same operating regulations as other operators, except where otherwise specified. Sec. 10-369 Trash receptacles and removal. (a) All commercial vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by the operation of such vehicle consistent with California Health & Safety Code; and (b) The operator of the commercial vending vehicle shall pick up all refuse generated by such operation within a 50 foot radius of the vehicle before such vehicle is moved. All refuse shall be disposed of at an approved solid waste facility Sec. 10-370 Hours of operation. (a) No vehicle or stand used for vending shall remain on public property during non-operating hours. Overnight parking of commercial vending vehicles on a public street or alley is prohibited as set forth in section 10-186; and (b) No vending shall be permitted by any operator or conducted by any vendor on a residential street except between the hours of 9:00 a.m. and 8:00 p.m. Sec. 10-371 Insurance provisions. All operations conducting business pursuant to this chapter shall have liability insurance covering the vehicle in accordance with the laws of the State of California. Sec. 10-372 Required stickers, signs and lettering. (a) There shall be displayed in a conspicuous place on both the right and left side of the commercial vending vehicle permanently affixed lettering showing the name of the company or operator of the commercial vending vehicle and the business address and telephone number thereof The lettering for the name of the company or the operator of the commercial vending vehicle shall not be less than four (4) inches in height, shall be in contrast to the color of the background upon which they are placed, and shall have strokes at least 3/8 inches wide. The lettering for the operator's business address and telephone number (as listed on the permit) shall not be less than one (1) inch high; (b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right or left side of the commercial vending vehicle so as to interfere with the visibility of the lettering required in subsection(a); and (c) Each commercial vending vehicle shall also possess and display a valid Orange County Health inspection sticker affixed to the lower portion of the windshield if the operator is causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required. Sec. 10-373 Sound -making devices. No bell, horn, music or other amplified or non -amplified sound -making device may be used to advertise, draw attention to, or announce the presence of any commercial vending vehicle. This section shall not prohibit use of vehicle horns required by the California Vehicle Code, provided that use of such horns shall be limited to the purposes specified in said code. Sec. 10-374 Prohibited conduct. (a) No person shall vend from a commercial vending vehicle which is stopped, parked or standing on any public street, alley or highway in any of the following situations: 1 Within 500 feet of any active public school property, park, playground or recreational facility; 2. Within 300 feet of any other commercial vending vehicle which is engaged in the operation of vending; 3. Within 100 feet of an intersection, including public alleys; 4 When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour; 5. When the commercial vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code; 6. When the commercial vending vehicle is not duly registered and licensed by the State of California or exceeds an unladen weight of six thousand (6,000) pounds; 7 When any part of the commercial vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street or highway; 8. When the commercial vending vehicle is not legally stopped, parked or standing on the right side of the street or highway; 9. When the prospective customer is standing or sitting in another vehicle; 10. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; and 11 When the commercial vending vehicle is on or within any parkway, alley, sidewalk, driveway, a no "parking" area as defined by this Code or other public property that is not a street or highway (b) Restocking of a commercial vending vehicle is prohibited on a public street or alley as set forth in this Title; (c) No commercial vending vehicle shall attach or receive any utilities from private or public property; (d) Operators of commercial vending vehicles shall not conduct the business of vending in any location for a period in excess of ten (10) minutes and said vehicle must be moved a distance of not less than one hundred (100)feet between each successive location at which vending occurs; (e) No additional lighting other than that required by the California Vehicle Code and Health & Safety Code may be installed or operated on a commercial vending vehicle; and (f) All commercial vending vehicles are prohibited from operating on private property except, with the permission of the property owner or his or her agent, commercial vending vehicles shall be permitted to provide meals/ snacks for employees at private property locations (such as construction sites) for a period of thirty (30) minutes or less (such as construction sites). 9 Sec. 10-375 Applicability of regulations to existing businesses. The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law All such persons and businesses shall have thirty (30) days from said effective date to file a completed application for an operator's permit with the City Sec. 10-376 Conducting as a nuisance. Any commercial vending vehicle operated contrary to the provisions of this chapter shall be 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 in 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 commercial vending vehicle contrary to the provisions of this chapter Sec. 10-377 Penalty for violation. Every violation of the provisions of this chapter shall be deemed to be a misdemeanor punishable pursuant to section 1-33 of this code. Each and every day of any violation of any provisions of this chapter shall constitute a separate and distinct offense. Sec. 10-378 Exemptions. The requirements of this chapter shall not apply to: (a) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location regardless of the point of sale thereof; and (b) Any person engaged in the vending of goods or merchandise on public property where such persons have been authorized by the City to engage in such activity by a permit, lease, real property license, agreement, or other entitlements issued by the City for such purposes. Section 4. 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, 10 phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivi- sions, 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 5. 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 It 5) 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 thisday of 1997 ATTEST Deputy ty Clerk of the C of Costa Mesa 11 Mayor 6U 4PPTOVED _ • •:u City Attorney V�� 4-]4-41 STATE OF CALIFORNIA I COUNTY OF ORANGE I ss CITY OF COSTA MESA I 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. 97-12 was introduced and considered section by section at a regular meeting of the City Council held on the 21st day of April, 1997, and thereafter passed and adopted as a whole at a regular meeting of the City Council held on the 5th day of May, 1997, by the following roll call vote: AYES. Buffa, Monahan, Erickson, Cowan, Somers NOES. None ABSENT None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 6th day of May, 1997 Deputy Ci Clerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa 12