The city council of the city of La Habra expressly finds that
parking of vehicles for food vending purposes near schools poses traffic
hazards and special dangers to the safety and welfare of children
and other residents in the city.
It is the purpose and intent of this chapter to establish safety-related
equitable, clear and concise regulations applicable to businesses
and persons who engage in the operation of food vending from vehicles
in the city. These regulations are intended to provide for greater
safety by preventing traffic-related hazards, especially hazards to
school children buying food or other products from food vending vehicles.
(Ord. 1751 § 3, 2014)
"Food vending vehicle"
means any vehicle, as that term is defined in the California
Vehicle Code, which is equipped or primarily used for retail sales
of produce and/or prepared, pre-packaged, or unprepared, unpackaged
food or foodstuffs of any kind, on any public street, alley or highway
or private street within the city. The inventory of these vehicles
is not necessarily limited to edible items and may include non-food
sundries.
"Operator"
means any person or entity that:
1.
Owns, controls, manages, and/or leases a food vending vehicle;
and/or
2.
Contracts with any person(s) to drive, operate, prepare food
in, and/or vend from, a food vending vehicle; and/or
3.
Drives, operates, prepares food in, or vends from, a food vending
vehicle.
"Person"
means any natural person, firm, partnership, association,
corporation, or other entity of any kind or nature.
"School"
means any public and/or private school in which instruction
is given in any or all grades through grade twelve.
"Restocking"
means the transfer of food, goods or merchandise to a food
vending vehicle from any other person or vehicle and includes, but
is not limited to, loading and delivery of food, goods and merchandise.
"Vend" or "vending"
means soliciting, displaying, or offering produce, prepared
or unprepared food, pre-packaged food and/or non-food sundries of
any kind for sale or barter or exchange from a food vending vehicle
on a public or private street, alley, highway or public place within
the city. "Vend" or "vending" includes the
movement or standing of a food vending vehicle for the purpose of
searching for, obtaining and/or soliciting retail sales or produce,
prepared food, pre-packaged food or non-food sundries, including,
but not limited to, goods, wares, or merchandise.
(Ord. 1751 § 3, 2014)
A. No
person shall own, control, operate, manage, lease, or contract with
any other person for the operation of a food vending vehicle in the
city without a valid business license issued, in addition to any other
license or permit required under any other chapter of this code, for
each and every food vending vehicle.
B. All
operators shall comply with the following regulations:
1. Each
operator vending any produce or other food item for which a food handling
permit or other health permit is required by law shall possess and
at all times display such permit in conspicuous view upon each vending
vehicle.
2. Each
operator shall possess, and at all times display, in conspicuous view
upon each such vehicle a city business license.
3. No
food vending vehicle that is stopped, parked or standing on any street,
alley, or highway shall display flashing neon or electronic display
signs or visual displays that are intended to, or do in fact, distract
drivers and draw attention to the food vending vehicle.
4. No
food vending vehicle shall be permitted to operate within three hundred
feet of the nearest property line of any property on which a school
building is located, between the hours of seven a.m. and five p.m.
of any school day, unless authorized to do so in writing by the school
district, and with a special event permit, if applicable. This restriction
shall not apply to high school buildings.
5. No
food vending vehicle shall be permitted to operate within three hundred
feet of the Children's Museum during opening hours.
6. No
food vending vehicle shall be permitted to operate within three hundred
feet of a city park where children regularly gather within the hours
of seven a.m. and seven p.m.
7. No
food vending vehicle shall be parked, stopped, or left standing in
any manner which blocks or impedes vehicular access to any driveway
or restricts the free movement of other vehicles upon any public or
private street.
8. All
food vending vehicles shall be equipped with refuse containers large
enough to contain all trash and refuse generated by the operation
of such vehicle. The operator of the food vending vehicle shall pick
up all trash and refuse generated by the operator's vending
during the time the vehicle is stopped, that is within not less than
a twenty-five-foot radius of the vehicle, before such vehicle is moved.
9. Any
food vending vehicle that is vending in the city for longer than one
hour during any twenty-four-hour period must be parked within two
hundred feet of an approved and readily available toilet and hand-washing
facility, or as otherwise approved by the city, to ensure that restroom
facilities are available to food vending vehicle employees whenever
the vehicle is stopped to conduct business for more than a one-hour
period. The food vending vehicle operator must provide written evidence
that they have permission from an adjoining property owner to use
their restroom facilities.
10. No vending shall be permitted except after the food vending vehicle
has been brought to a complete stop and parked adjacent to the curb
in a lawful manner.
11. Every food vending vehicle shall have the name, address, and telephone
number of the holder of the business license permanently affixed on
both the left and right sides of the vehicle. Such information shall
be in letters and numerals not less than four inches in height and
shall be in contrast to the color of the background upon which the
letters are placed.
12. No operator of a food vending vehicle shall operate any sound amplification
systems or other sound making devices or music systems to advertise,
draw attention to, or announce the presence of any such vehicle while
such vehicle is moving, stopped, standing, or parked upon any public
or private street immediately contiguous to any residentially zoned
property within the city.
13. No operator of a food vending vehicle shall use any amplified or
non-amplified sounds or sound making devices while the vehicle is
stopped, parked, or otherwise in a stationary position upon any public
or private street immediately contiguous to any residentially-zoned
property within the city. Any such sounds emanating from a food vending
vehicle shall not be audible to a person with normal hearing for a
distance of more than two hundred feet from the vehicle.
14. Restocking of a food vending vehicle is prohibited while the vehicle
is on any public or private street or alley.
15. No food vending vehicle shall attach to or receive any electrical
power or other utilities from any public or private property while
the vehicle is located on any private or public street or alley.
16. No person shall vend from a food vending vehicle which is stopped,
parked, or standing on any public street, alley, or highway when any
prospective customer is sitting or standing in another vehicle.
17. No food vending vehicle shall be parked, stopped, or standing on
any public street, alley, or highway when any prospective customer
is located in any portion of the street, alley, or highway which is
open to vehicular traffic.
18. Vending from a food vending vehicle while the vehicle is parked,
stopped, or standing on any public or private street, alley, or highway
is permitted only when that part of the food vending vehicle open
to prospective customers is on the side of the vehicle immediately
next to the right side of the public or private street, alley, or
highway. Under no circumstances may vending occur from the left side
of a food vending vehicle. Notwithstanding the above provisions, no
person shall vend to any customer whose location creates a traffic
hazard.
19. Vending is prohibited from a food vending vehicle that is parked,
stopped, or standing on any public street, alley, or highway where
the posted speed limit on the public street, alley, or highway is
thirty-five miles per hour or greater.
20. No food vending vehicle shall install, place, fabricate, or otherwise
use jacking, lifting, or static platforms whether they are hydraulic
or mechanical, of any sort, within the public right-of-way in order
to level the vehicle for operation.
(Ord. 1751 § 3, 2014; Ord. 1758 § 2, 2015)