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)
"Business license"
means a business license required by Chapter 5.04 of the La Habra Municipal Code.
"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)
A. 
The provisions of this chapter shall not apply to food vending vehicles providing food, meals, or snacks to employees of businesses located on private property and stopped for a period of thirty minutes or less.
B. 
This chapter shall not apply to any city-sponsored event where the operator of the food vending vehicle is operating pursuant to a valid contract with the city.
(Ord. 1751 § 3, 2014)
A. 
Vending to Private Businesses. Food vending vehicles may park on private property at the request and with the consent of the person who is in legal control of the property, or is performing lawful construction on the property, for sale of food and drink to the employees of the person who is in legal control of the private property or is performing lawful construction on the property in commercial, manufacturing, or planned development zones designated for commercial or manufacturing uses.
1. 
The following restrictions apply:
a. 
No sales shall be made to the general public.
b. 
A mobile vendor vehicle shall not be parked for a period of more than three hours.
c. 
Non-motorized vehicle or cart vendors are required to have a city of La Habra business license with them when vending.
d. 
Nothing in this section shall be construed to excuse food vending vehicles from complying with all the provisions of this chapter.
B. 
Vending on Private Property. Food vending vehicles shall be allowed on private property in conjunction with a special event permit for activities such as filming for movies, a party, fair, or carnival. Food vending vehicles operating on private property must obtain the consent of the person who is in legal control of the property and subject to the provisions of Title 18 of the La Habra Municipal Code.
(Ord. 1751 § 3, 2014)
A. 
Violations of this chapter may be punishable pursuant to Chapters 1.08 and/or 1.20 of this code.
B. 
Any food vending vehicle operated contrary to the provisions of this chapter is hereby declared to be a public nuisance. The city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for the abatement or removal of the vehicle in the manner provided in Title 6 of this code. The city attorney may also apply to any court of competent jurisdiction to restrain and enjoin any person from operating a food vending vehicle contrary to the provisions of this chapter.
(Ord. 1751 § 3, 2014)