A. 
The purpose of this chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018).
B. 
The city council hereby finds that:
1. 
Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets or medians.
2. 
Limiting sidewalk vendors' hours of operation within residential neighborhoods to daylight hours consistent with a residential atmosphere is necessary to protect the safety of sidewalk vendors and residents who would be more vulnerable to criminal activities during evening hours, and also to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet. Further, preventing stationary sidewalk vendors in residential neighborhoods and limiting the amount of time a roaming sidewalk vendor may stay in one location within a residential neighbor is necessary for the welfare of the residents of the city, because allowing sidewalk vendors to operate at a fixed location in residential neighborhoods may subject residents to increased noise and traffic, which may be appropriate for commercial areas, but will interfere with the peace and quiet that residential occupants should enjoy while in their homes.
3. 
Limiting sidewalk vendors' hours of operation in commercial areas to daylight hours or to the same hours as other open businesses in the vicinity where the sidewalk vendor operates in the evening hours is necessary to protect the vendors' health and safety, as they are more vulnerable to crime during nighttime hours, especially if operating where no other businesses are open.
4. 
Prohibiting soliciting on streets adjacent to schools during hours when school children are present is necessary to protect the health and safety of the school children, because vendors operating at close proximity to schools may attract unsupervised children to run into traffic in order to reach the vendor and be injured or killed in the process. Such activity would also pose a hazard to motorists who may stop suddenly or swerve to avoid hitting children, resulting in injury to those motorists.
5. 
Preventing sidewalk vendors from physical contact without permission from persistently soliciting a person after the person rejects the offer, and from threatening injury or damage to a person while vending or soliciting are necessary to protect the safety and health of persons who may feel threatened or in physical danger if these activities occur.
6. 
Preventing sidewalk vendors from intentionally obstructing the free movement of people on any street, sidewalk, or other place open to the public is necessary to protect the health, safety, and welfare of those who may be seeking emergency services or who are otherwise uninterested in the goods or services offered and desire to pass through the public area unimpeded.
7. 
Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the city by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Further, sound amplifying devices may cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians.
8. 
Preventing sidewalk vendors from operating within fifty feet of a marked or unmarked crosswalk, bus stop or bus shelter or within a sidewalk less than eight feet in width, is necessary to protect the health, safety and welfare of a disabled person in maintaining Americans with Disabilities Act, as well as the city's senior residents and visitors, with paths of access in areas commonly utilized by pedestrians.
9. 
Preventing sidewalk vendors from operating within eighteen inches from the edge of the curb face or within ten feet of a driveway, is necessary to protect the health, safety and welfare of the vendor, customer, and/or motorists, as it reduces exposure to pedestrian vs. vehicle contact.
10. 
Preventing sidewalk vendors from operating where placement impedes pedestrian access to or the use of an abutting property, including, but not limited to, residences and places of business, is necessary to protect the welfare of residents of the city by maintaining property values and use of said buildings.
11. 
Requiring sidewalk vendors to obtain insurance is necessary to protect the health and safety of the public and employees of sidewalk vendors, because insurance would cover medical expenses and other liabilities from injuries or damages resulting from sidewalk vendors' activities that may not otherwise be covered. Further, compelling sidewalk vendors to provide commercial general liability is necessary to protect the welfare of the city's elected or appointed officials, officers and employees as additionally insureds with respect to liability arising out of the use of the city premises.
12. 
Requiring sidewalk vendors to indemnify the city against claims arising from their activities helps reduce exposure to the city for personal injury or property damage claims and litigation that may be caused in whole or in part by the activities of sidewalk vending in the public right-of-way.
(Ord. 1811 § 3, 2019)
As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
"Alcohol" and "alcoholic beverage"
has the same meaning as set forth in California Business and Professions Code Section 23004 or any successor section.
"Americans with disabilities act" or "ADA"
means the federal legislation passed in 1990 that prohibits discrimination against people with disabilities. In the context of this chapter, ADA refers to required clearance distances that must be maintained for safe and unhindered passage of all persons on public sidewalks or other public spaces.
"Appellant"
means someone who appeals for a legal or official decision to be changed.
"Cannabis"
has the same meaning as set forth in California Business and Professions Code Section 26001 or any successor section.
"Certified famers' market"
means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"Curb face"
means the vertical or sloping surface on the roadway side of the curb.
"Director"
means the director of community and economic development for the city of La Habra.
"Emergency vehicle access"
means the roadway path or other surface that provides police, fire or public safety vehicular access from the dispatched point of origin to a facility, building, parcel, park or portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot aisles, access roadways, and walkways.
"Food"
has the same meaning as set forth in California Health and Safety Code Section 113781, or any successor section.
"Hearing officer"
means an impartial individual designated by the city manager to determine appeals pursuant to and in accordance with La Habra Municipal Code Chapter 1.20.
"Heating element"
means any device used to create heat for food preparation.
"Merchandise"
means any item(s) that can be sold and immediately obtained from a sidewalk vendor which is not considered food. Items for rent shall not be considered merchandise.
"Open burning"
has the same meaning as set forth in the California Fire Code (California Code of Regulations, Title 24, Part 9) or any successor section.
"Open flame"
is used in conjunction with "heating element" and means an open or exposed flame that would allow the ignition of combustible material or injury to a person.
"Park"
means any area dedicated or established as a public park, including, without limitation, active and passive parks.
"Pathway"
means a paved path or an unpaved walkway for pedestrian travel, other than a sidewalk.
"Person"
means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the city.
"Public property"
means all property owned or controlled by the city, including, but not limited to, alleys, parks, parkways, pathways, streets, parking lots, sidewalks, and walking trails.
"Residential"
means any area zoned exclusively as residential in Title 18 of this code, including, without limitation, R-1a, R-1b, R-1c, R-2, R-3, R-4, R-5, R-6, R-7 and MHP zoning districts and residential specific plan areas.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk"
means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.
"Sidewalk vending receptacle" or "receptacle"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance used for sidewalk vending activities.
"Sidewalk vendor" or "vendor"
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
"Sidewalk vendor activities" or "sidewalk vending activity"
means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor, such as, but not limited to, installation, placement, or maintenance of any sidewalk vendor receptacles.
"Special event"
means any temporary permitted event approved by the city. A special event permit may be obtained from the community development department for events that fall into the city's policies and guidelines.
"State highway"
means a network of highways that are owned and maintained by the Highway Division of the California Department of Transportation (Caltrans). In the city of La Habra, this includes State Route (SR) 72 (portion of Whittier Boulevard west of Beach Boulevard), SR 39 (portion of Whittier Boulevard east of Beach Boulevard and all of Beach Boulevard) and SR 90 (portion of Imperial Highway, east of Beach Boulevard). The state highway shall include all roadways, sidewalks, curb and gutter, parkways, and related improvements.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Street"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular and pedestrian travel.
(Ord. 1811 § 3, 2019)
A. 
Permit Required. No person, either for him or herself or any other person, shall engage in any sidewalk vendor activities within the city without first applying for and receiving a permit from the director of community and economic development, or designee, in accordance with this chapter.
B. 
Application. A written application for a sidewalk vendor permit shall be filed with the director of community and economic development, or designee, on a form provided by the city and shall contain the following information:
1. 
The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. 
The California driver's license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order);
3. 
The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
4. 
The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
5. 
Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
6. 
The location(s) in the city where the stationary sidewalk vendor intends to operate;
7. 
The day(s) and hours of operation the stationary sidewalk vendor intends to operate at that location;
8. 
The dimensions of the sidewalk vendor's vending receptacle, including a picture of the sidewalk vending receptacle that will operate under the permit;
9. 
Whether the sidewalk vendor will be selling food, merchandise, or both;
10. 
If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food;
11. 
If the vendor is selling merchandise, a description of the merchandise to be sold;
12. 
A copy of the health permit required for any sidewalk vendors selling food, as required by the Orange County Health Care Agency, or any successor regulation;
13. 
Proof of his or her possession of a valid California Department of Tax and Fee Administration seller's permit, which shall be maintained during the term of the sidewalk vendor's permit;
14. 
An acknowledgment that the sidewalk vendor will comply with all applicable local, state, and federal laws;
15. 
A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;
16. 
An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, city, and/or the parties initiating or bringing such proceeding;
17. 
An acknowledgement that the sidewalk vendor's use of public property is at their own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk;
18. 
Proof that the sidewalk vendor has obtained and is required to carry at all times proof of insurance of such types and in such amounts as required by the city's risk manager; and
19. 
Any other relevant information required by the city manager.
C. 
Application and Permit Fees. Each application for a sidewalk vendor permit shall be accompanied by an application fee as established by the city council. The application and permit is only applicable to the individual(s) named on the application and is only applicable to one sidewalk vending receptacle. If said permit is approved, it shall not be necessary for the permittee to obtain a city business license to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the city.
(Ord. 1811 § 3, 2019)
A. 
Within thirty calendar days of receiving a complete application, the director of community and economic development or designee may issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:
1. 
The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
2. 
The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to result in damage or detriment to public property, or result in the city incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
3. 
The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;
4. 
The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the city;
5. 
The sidewalk vendor has paid all previous administrative fines, completed all community service requirements, and completed any other alternative disposition associated in any way with a previous violation of this chapter;
6. 
The sidewalk vendor has not had a permit revoked within the same calendar year;
7. 
The sidewalk vendor's application contains all required information;
8. 
The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the city in the application process;
9. 
The sidewalk vendor has satisfied all the requirements of this chapter;
10. 
The sidewalk vendor has paid all applicable fees as set by city council resolution;
11. 
The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;
12. 
The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor's activities, including the naming of the city as an additional insured, as determined by the city's risk manager; and
13. 
The vendor has satisfactorily provided all information requested by the city manager to consider the vendor's application.
B. 
A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.
C. 
All permits issued under this chapter, regardless of when issued, expire on December 31 of the year in which they were issued.
D. 
Sidewalk Vendor License Term and Renewal. The term for a sidewalk vendor license, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the person may renew the sidewalk vendor license by submitting a new application together with such renewal fee as may be established by resolution of the city council. No sidewalk vendor license shall be sold, leased, transferred conveyed or granted to any other person.
E. 
Denial, Suspension or Revocation of Sidewalk Vendor License.
1. 
If the director does not find that all of the requirements set forth in this subsection have been met, he or she shall deny the application for sidewalk vendor license. In the event the application for the sidewalk vendor license is denied by the director, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the sidewalk vendor license shall be deemed to have been served if it, in fact 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 for the sidewalk vendor license.
2. 
Any sidewalk vendor license issued under this section may be suspended or revoked by the director for any of the following reasons:
a. 
Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor license was based.
b. 
Failure of the applicant to promptly notify the director within thirty days of any change occurring subsequent to the issuance of the license in the information supplied by the applicant upon which the issuance of the license was based.
c. 
Revocation, suspension or non-renewal of the certificate of eligibility issued to the applicant by the Orange County Health Care Agency.
d. 
Conviction of, or plea of guilty or nolo contendere by the applicant of any offense which would have constituted ground for denial of a sidewalk vendor license.
3. 
A holder of a sidewalk vendor license shall be notified in writing by the director when a permit has been denied, suspended or revoked. Such notice shall contain the grounds upon which the denial, suspension or revocation is based and the right to seek an appeal in accordance with Section 8.26.080 "Appeals."
4. 
Any person whose license is revoked shall not be eligible to apply for a new certificate for a period of one year following such revocation.
F. 
Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay any license or license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages.
(Ord. 1811 § 3, 2019)
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
A. 
All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in this section.
B. 
The sidewalk vendor permit shall be affixed to the sidewalk vending receptacle and shall be displayed conspicuously at all times on the sidewalk vending receptacle. If other permits are required, such as those issued from the Orange County Health Care Agency, these permit(s) shall also be displayed conspicuously at all times on the sidewalk vending receptacle.
C. 
Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.
D. 
All sidewalk vendors shall allow a city police officer, firefighter, community services officer, or code enforcement officer, at any time, to inspect their sidewalk vending receptacle for compliance with the size requirements of this chapter, to ensure that non-permitted items are not being sold (see Section 8.26.060(A)(3), and to ensure the safe operation of any heating elements used to prepare food.
E. 
Sidewalk vending receptacles shall not exceed a total height of three feet, a total width of three feet, and a total length of three feet. Any signage shall be placed on the exterior of the sidewalk vending receptacle within the confines of the previously described dimensions. An umbrella is permitted to shade the vendor so long as the umbrella does not create a traffic hazard to vehicles in the street or civilians passing on the sidewalk or create a violation of required ADA clearances. No advertising is permitted on the umbrella.
F. 
No sidewalk vending receptacle shall be motorized or utilize a generator.
G. 
If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
H. 
Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up and removing all trash or refuse from their operation.
I. 
Sidewalk vendors shall at all times maintain a minimum four foot clear accessible path of travel within the sidewalk area around vending receptacle and customer queuing areas.
J. 
Sidewalk vendors shall comply with the noise standards provided in Chapter 9.32 of the La Habra Municipal Code, and any successor chapters.
K. 
Sidewalk vendors shall not approach persons to sell food or merchandise and shall not interfere in any way with anyone engaged in an activity to sell food or merchandise.
L. 
Sidewalk vendors shall not vend to, or otherwise conduct transactions with, persons in moving vehicles or vehicles parked or stopped.
M. 
Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property.
(Ord. 1811 § 3, 2019)
A. 
Sidewalk vendors shall not engage in any of the following activities:
1. 
Renting merchandise to customers;
2. 
Displaying merchandise or food that is not available for immediate sale;
3. 
Display merchandise that constitutes a hazard to pedestrians or vehicular traffic, or in such a manner as to obstruct free and clear vision, at any location where, by reason of the position, shape, color or movement, may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. The vendor shall not make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic;
4. 
Selling of adult-oriented material, cannabis, or alcohol;
5. 
Using an open flame heating element or any open burning on or within any sidewalk vending receptacle;
6. 
All sidewalk vendors, regardless of whether a roaming sidewalk vendor or stationary sidewalk vendor, are prohibited from conducting sidewalk vending activities between the hours of ten p.m. and seven a.m. daily, except that sidewalk vending in commercial areas can occur at times commensurate with businesses legally operating on the same street. In residential areas, all stationary sidewalk vending is prohibited. In residential areas, roaming sidewalk vending activity is prohibited between the hours of six p.m. or sunset, whichever is earlier, and nine a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays;
7. 
Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has declined the offer to purchase food or merchandise;
8. 
Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;
9. 
Blocking or impeding the path of the person(s) being offered food or merchandise to purchase. Additionally, seats, chairs, tables, or free-standing signs may not be placed on public or private property;
10. 
Making any statements, gesture, or other communication which a reasonable person would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out; and
11. 
Touching the person(s) being offered to purchase food or merchandise without that person(s)' consent.
B. 
Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. 
Within twelve inches of any curb face on all roads where street parking is prohibited.
2. 
Within fifteen feet of any entrance or exit to a building, structure or facility.
3. 
On any designated emergency vehicle accessway.
4. 
Any public property that does not meet the definition of a sidewalk or pathway including, without limitation, any alley, parkway, street, roadway or parking lot.
5. 
Within one thousand feet of an area designated for a special event permit approved by the city, during the limited duration of the special event permit (examples of events include, but are not limited to, Corn Festival, Citrus Fair, Tamale Festival, parades, concerts, certified farmers' markets, etc.).
6. 
On any private property.
7. 
Sidewalk vendors shall not engage in sidewalk vending activities within fifty feet of another sidewalk vendor.
8. 
Sidewalk vendors shall not engage in sidewalk vending activities within five hundred feet of a property line for a grade school (kindergarten through eighth grade), a place of worship, or a child day-care facility.
9. 
Stationary sidewalk vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet or wider.
10. 
Sidewalk vendors shall not engage in sidewalk vending activities within twenty-five feet of a:
a. 
Fire hydrant;
b. 
Curb which has been designated as white, yellow, or red zone;
c. 
Automated teller machine;
d. 
Driveway, alley, or street corner;
e. 
Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items; and
f. 
Public art objects, items, and displays.
11. 
Sidewalk vendors shall not engage in sidewalk vending activities that would violate provisions of this code relating to visibility requirements for streets, alleys, driveways, and intersections.
12. 
Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire during the times that said concessionaire is permitted to operate.
13. 
On any sidewalk with a gradient in excess of ten percent.
14. 
Within two hundred feet of any government building and public safety facility, including, without limitation, police stations and fire stations.
15. 
Within twenty-four inches of a parallel parking space.
16. 
On any sidewalk where vending equipment and queuing patrons would reduce clearance to less than four feet.
17. 
On any sidewalk where sidewalk vending receptacles and queuing patrons would restrict access requirements under the Americans with Disabilities Act.
18. 
On any sidewalk where sidewalk vending receptacles and queuing patrons would jeopardize the fire or life safety of any person.
C. 
Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to, any building or structure including, but not limited to, mailboxes, traffic signal poles, traffic cabinets, fire hydrants, benches, bus shelters, street lights, newsstands, trashcans, utility poles, traffic signal controllers, street trees, landscaping, sign posts, transformers, utility vents, decorative devices, fences, block walls, irrigation cabinets, above ground utility vaults/ cabinets, back flow devices or traffic barriers. Additionally, no sidewalk vending receptacles shall be attached to or affixed to sidewalks or curbs.
(Ord. 1811 § 3, 2019)
A. 
Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punishable by the following administrative fine and rescission provisions:
B. 
Any violation of this chapter may be punished by:
1. 
An administrative fine not exceeding one hundred dollars for a first violation; and,
2. 
An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation; and,
3. 
An administrative fine not exceeding five hundred dollars for the third or more violations within one year of the first violation.
C. 
If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid permit, the sidewalk vendor may be punished by:
1. 
An administrative fine not exceeding two hundred fifty dollars for a first violation; and,
2. 
An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation; and,
3. 
An administrative fine not exceeding one thousand dollars for a third or more additional violation within one year of the first violation.
4. 
Upon proof of a valid permit issued by the city, the administrative fines set forth in this subsection C shall be reduced to the administrative fines set forth in previous subsection B, or any successor sections.
D. 
Payment of fine(s) shall occur not later than thirty calendar days after service of the citation, as per the requirements of Section 1.20.050 of the La Habra Municipal Code.
E. 
The director of community and economic development, or designee, may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(Ord. 1811 § 3, 2019)
A. 
Decisions to deny an application for a permit or to impose administrative fines may be appealed by any interested person. Appeals shall be heard and determined by the hearing officer as per Sections 1.20.060 through 1.20.100 of the La Habra Municipal Code.
B. 
Appeals shall be initiated within twenty-one calendar days of the decision or imposition of administrative fine. Notwithstanding any other provision of law, a person appealing an administrative fine is not required to pay the administrative fine as a prerequisite to filing an appeal.
C. 
Appeals of decisions or administrative fines shall be made in writing to the hearing officer on forms provided by the city. The appeal shall state the facts and basis for the appeal.
D. 
Appeals of a decision to deny an application for a permit shall be accompanied by a fee as established by resolution of the city council.
E. 
Decisions regarding administrative fines that are appealed shall not become effective until the appeal is resolved.
F. 
An appeal shall be scheduled for a hearing before the hearing officer within thirty calendar days of the filing of the appeal unless both the appellant and the hearing officer consent to a later date.
G. 
The hearing officer shall give notice in writing to the appellant of the time and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision or administrative fine and hear testimony of the appellant, if any, the applicant and any other interested party. The appeal shall be reviewed and determined on a de novo basis.
1. 
If an administrative fine is the subject of an appeal, the hearing officer shall take into consideration the person's ability to pay the fine. The hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at or before the hearing or while the administrative fine remains unpaid.
2. 
If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the hearing officer shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to this chapter.
3. 
The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
H. 
After the hearing, the hearing officer shall affirm, modify or reverse the original decision or administrative fine. When a decision or administrative fine is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Decisions on appeals shall be rendered within thirty calendar days of the close of the hearing. The hearing officer shall mail notice of a decision to the appellant. Such notice shall be mailed within five working days after the date of the decision to the appellant. The decision of the hearing officer shall be final.
(Ord. 1811 § 3, 2019)