The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory program that complies with California Senate Bill 946 (Chapter 459, Statutes 2018), and that preserves public parks, rights-of-way, and other public places for their intended purpose, safe and convenient access by members of the public, and the use and enjoyment of the community at-large. This chapter shall control and supersede any conflicting provisions of this code applicable to "sidewalk vendors" or "sidewalk vending activities" as defined herein.
(Ord. 1695 § 2, 2021)
For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.
"Civic Center" or "City Hall"
means the buildings, facilities, and parking areas located at 6650 Beach Blvd., Buena Park, California, 90622.
"Director"
means the chief of police, or his or her designated representative.
"Fire station"
means any facility were fire engines and other emergency-related equipment of the city of Buena Park or the Orange County Fire Authority are housed.
"Food"
means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.
"Healthy food"
means fresh fruits, non-fried vegetables, and foods made from nuts, seeds and legumes. Beverages in this definition include: water (preferred beverage); one hundred percent fruit or vegetable juice; nonfat and one percent milk; and non-dairy milk. No sugar-sweetened beverages shall be a healthy food.
"Heating element"
means any device used to create heat for food preparation.
"Merchandise"
means any item(s) that may be sold and immediately obtained from a sidewalk vendor, which is not considered food.
"Park"
means public parks owned and/or controlled by the city, including, but not limited to: John Beat Park; George Bellis Park; Henry Boisseranc Park; Carl Brenner Park; Ehlers Event Center; Larwin Park; Lindbergh Mini Park; William Peak Park; San Antonio Park; and San Marino Park; Smith-Murphy Park.
"Parkway"
means that portion of a street or highway, other than the roadway or the sidewalk, and is generally identified as the space between the street and the sidewalk, or street medians.
"Pathway"
means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.
"Police station"
means any facility where police vehicles and other equipment of the city's police department are housed, including, but not limited to, the Civic Center.
"Public property"
means all property owned or controlled by the city, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lots.
"Residential"
means any area zoned exclusively as residential in Title 19 of the Buena Park Municipal Code, or is designated exclusive for residential use as part of a conditional use permit, planned development permit, specific plan, residential overlay district, or their equivalent.
"Roadway"
means that portion of the street which is improved, designed, or ordinarily used for vehicular travel.
"Roaming sidewalk vendor"
shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk"
means that portion of the highway or street other than the roadway or parkway, set apart by curbs, barriers, markings, or other delineation which is used principally for pedestrian travel.
"Sidewalk vendor"
shall mean a person who vends food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance or from one's person, upon a public sidewalk or other pedestrian path, or such other meaning of such term as may be ascribed by Government Code section 51036(a) from time to time.
"Sidewalk vendor activities" or "sidewalk vending activity"
means actions that qualify a person as a sidewalk vendor or actions done in or upon public rights-of-way in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor facilities.
"Sidewalk vending facilities" or "sidewalk vendor facilities"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.
"Sidewalk vendor permit" or "permit"
shall mean the permit issued by the director and required prior to any person engaging in sidewalk vending activities in the city.
"Stationary sidewalk vendor"
shall mean a sidewalk vendor who vends from a fixed location.
"Special event"
means any special event or temporary uses described in Section 19.1004.020 of the Buena Park Municipal Code, Chapter 12.04 of the Buena Park Municipal Code, or any similar lease, license or permit of temporary duration issued by the city to a third-party for exclusive use of public property.
"Swap meet"
means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(Ord. 1695 § 2, 2021)
Notwithstanding any contrary provisions of this code, it is unlawful for any person to engage in sidewalk vending activities within the following locations or areas within the city:
A. 
Any public property that does not meet the definition of a sidewalk or pathway, including but not limited to, any roadway, street, alley, park, or parking lot;
B. 
Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operated in compliance with this chapter shall not be prohibited;
C. 
Within the Entertainment Corridor Specific Plan area, or the Amusement Resort zoning district, including any sidewalks or pathways boarding such area or district;
D. 
Sidewalks or pathways located adjacent to Beach Boulevard, between the intersection of Stanton Avenue to the south, and Rosecrans Avenue to the north;
E. 
Sidewalks or pathways located adjacent to Crescent Avenue between Stanton Avenue to the east, and Western Avenue to the west;
F. 
Sidewalks or pathways located adjacent to La Palma Avenue between Dale Avenue to the east, and Western Avenue to the west;
G. 
Sidewalks or pathways located adjacent to Orangethorpe Ave between Auto Center Drive to the west, and Western Avenue to the west;
H. 
Sidewalks or pathways located adjacent to Auto Center Drive;
I. 
Within three hundred feet of a public or private school, or large childcare facility between the hours of seven a.m. and seven p.m.;
J. 
In or immediately adjacent to any area designed for parking, bus zones, stopping, or loading; or in any location where the sidewalk vending facility blocks manholes, utility access points, and/or vents;
K. 
In any location which the location of the sidewalk vending facilities, or the operation of sidewalk vending activities, would result in or cause a violation of applicable law, including, but not limited to, the Americans with Disabilities Act; and
L. 
Notwithstanding any specific prohibition in this chapter, any location or area where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.
(Ord. 1695 § 2, 2021)
A. 
No person, either for themselves or any other person, shall operate as a sidewalk vendor or otherwise engage in any sidewalk vendor activities in the city without first applying for, being issued, and maintaining at all times in full force and effect: a sidewalk vending permit from the director; a business license pursuant to Chapter 5.00 of the Buena Park Municipal Code; and any other permits, authorizations, or approvals required by law from the city or other governmental agency that is applicable to sidewalk vending activities.
B. 
Persons desiring to engage in sidewalk vending activities within the city may file a written application for a sidewalk vendor permit with the director, on a form provided by the city. Such application shall contain the following information:
1. 
The name, address, and telephone number of the applicant, any applicable local or business address, and the address designated and agreed to by applicant for receipt of notices from the city;
2. 
The applicant's social security number, or federal or state employer's identification number, or tax identification number, or California driver's license, or California identification number, individual taxpayer identification number, social security number, or city-assigned identification, provided the number provided by applicants shall not be available to the public for inspection, shall be confidential, and shall not be disclosed except as required to administer this chapter or comply with a state law or state or federal court order;
3. 
An indication of whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
4. 
A photograph of the applicant, taken within sixty days immediately prior to the date of filing of the application, measuring at least two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;
5. 
The applicant's former residence or places of business for a period of five years preceding the date of the application;
6. 
A list of any convictions of the application for a felony or misdemeanor involving moral turpitude for the five years preceding the date of the application;
7. 
If the applicant will be engaging in sidewalk vending activities as an employee, the name and address of the applicant's employer, together with any credentials or authorizations establishing the nature of the applicant's relationship therewith;
8. 
The number of different sidewalk vending facilities the applicant intends to operate under the sidewalk vending permit;
9. 
If the application is for a roaming sidewalk vendor, the general locations or areas in the city where the sidewalk vendor intends to operate, and if the application is for a stationary sidewalk vendor, the specific locations or areas in the city where the sidewalk vendor intends to operate;
10. 
The days and hours of operation the applicant intends to operate the sidewalk vendor activities described in the application.
11. 
The physical dimensions of the sidewalk vending facilities intended to be used, including a picture of the sidewalk vending facilities, and a photograph or accurate depiction of any signs that will be affixed thereto;
12. 
An indication of whether the sidewalk vendor will be selling food, merchandise, or both:
a. 
If the applicant intends to sell food, the application shall include: a description of the type of food to be sold (including whether sales will consist exclusively of healthy foods); whether such foods are prepared on site; a copy of the appropriate health permit from the Orange County Department of Environmental Health, and whether such foods will require a heating element inside or on the sidewalk vending facility for food preparation, and the type of heating element, if any; and
b. 
If the applicant intends to sell merchandise, the application shall include a description of the merchandise to be sold.
13. 
Identification of the person and location from where the food or merchandise to be sold will be manufactured, produced, procured, or prepared by the applicant;
14. 
Proof that the applicant possesses a valid California Department of Tax and Fee Administration seller's permit, which notes the city of Buena Park as a location, or sublocation, of the applicant's operations;
15. 
Proof the applicant has obtained insurance in the amounts and of the type that may be reasonably required by the director of risk management;
16. 
A certification that, to the best knowledge and belief of the applicant, the information contained within the application is true and correct;
17. 
Any other information that may reasonably be required or requested of an applicant by the director for the enforcement of this chapter; and
18. 
A written statement signed and acknowledgment by the applicant, and agreeing that the applicant will:
a. 
At all times comply with all generally applicable local, state, and federal laws in the operation of sidewalk vending activities; and
b. 
Defend, indemnify, release, and hold harmless the city, its elected and appointed officials, 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 sidewalk vending permit or operation of 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, attorney's 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.
(Ord. 1695 § 2, 2021)
A. 
Upon receiving an application, the director shall cause such investigation of the applicant and proposed sidewalk vending activities described therein to be made as the director deems necessary to protect and preserve the public good and further the purposes of this chapter.
B. 
Within thirty calendar days of receiving a completed application for a sidewalk vending permit, the director shall issue a permit pursuant to this chapter, subject to reasonable and appropriate conditions, provided that the director may deny such application if he or she finds and determinations any of the following:
1. 
The application for a sidewalk vending application failed to include or comply with the information required by this chapter;
2. 
The sidewalk vending activities described in the application conflict with this chapter;
3. 
The sidewalk vending activities, or the sidewalk vending facility, including, but not limited to, the heating element component of such facility, that is described in the application would unduly interfere with vehicular or pedestrian movement, or tend to interfere with or endanger the public peace or right to quiet enjoyment of nearby property owners or tenants, or otherwise would be detrimental to the public peace, health, or general welfare;
4. 
The applicant has failed to pay all previous administrative fines, completed all community service, and/or completed any other alternative disposition associated in any way with a previous violation of this chapter;
5. 
The applicant has had a sidewalk vending permit revoked with the past twelve calendar months; or
6. 
The applicant made false, misleading or fraudulent statement of material fact in the application.
C. 
The director, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect the public health, safety and/or welfare, and to implement the intent and purpose of this chapter.
D. 
Any permit issued by the director under this chapter shall contain the signature and seal of the issuing officer, and shall show the name, address, and photograph of the sidewalk vendor, whether the permit is for roaming or stationary vending activities, the kind of food or merchandise to be sold thereunder, the date of issuance and date of expiration, as well as the number or identifying description of the sidewalk vending facilities to be used in operating the sidewalk vending activities.
E. 
A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending facility requires a new permit under this chapter. Only one sidewalk vendor permit may be issued to any single person.
F. 
The director shall keep a permanent record of all licenses issued under this chapter.
G. 
Sidewalk vending permits issued under this chapter shall expire December 31 of each calendar year. Not later than thirty days prior to the expiration of a sidewalk vending permit, the permittee may apply for renewal of the permit on forms provided by the city, and upon payment of the permit renewal application fee. The director shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least thirty calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.
(Ord. 1695 § 2, 2021)
Each application for a sidewalk vendor permit, and each application for an annual renewal of a sidewalk vendor permit, shall be accompanied by a non-refundable applicable fee, or non-refundable application renewal fee, as applicable, each in an amount established by resolution of the city council. To promote the sale and consumption of healthy food options, the city may adopt reduced fees for sidewalk vendors that exclusively vend healthy foods.
(Ord. 1695 § 2, 2021)
A. 
All persons engaging in sidewalk vending activities within the city shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:
1. 
The sidewalk vendor permit issued by the city shall be displayed conspicuously at all times on the sidewalk vending facility or the vendor's person.
2. 
Sidewalk vendors must operate in compliance with all applicable federal, state, county, and local laws.
3. 
Sidewalk vendors shall not store or leave their sidewalk vending facility unattended on public property for any reason, including, but not limited to, for the purpose of soliciting business.
4. 
Sidewalk vending facilities may not be chained or fastened to any pole, sign, tree or other object in the public right-of-way. Sidewalk vending facilities that violate this subsection may be impounded for safekeeping, but a fine shall not be imposed for said impoundment. Sidewalk vending facilities impounded may be retrieved by contacting the department of public works.
5. 
Sidewalk vending activities are prohibited between the hours of ten p.m. and seven a.m., daily.
6. 
Sidewalk vending facilities shall not be located on any public property when the facility is not being actively utilized for sidewalk vending activities.
7. 
Sidewalk vendors shall allow a police officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time during the operation of such activities, to inspect their sidewalk vending facility for compliance with the requirements of this chapter, the sidewalk vending permit, and to ensure the safe operation thereof.
8. 
If a sidewalk vending facility requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending facility shall be within five feet thereof when conducting sidewalk vending activities.
9. 
Sidewalk vendors shall ensure that all customer queening, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise comply at all times with the location-related restrictions set forth in this chapter relative to sidewalk vending activities.
10. 
Sidewalk vendors shall comply with the noise standards provided in this code, and shall not utilize any amplifying or sound-generating equipment or devices in connection with operating sidewalk vendor activities, with the exception of one bell with maximum diameter of two inches.
11. 
Sidewalk vendors shall maintain a trash container in or on their sidewalk vending facility, and immediately clean up any food, waste, grease or other fluid or item related to sidewalk vending activities from public property. The trash receptacle must be large enough to accommodate customer trash without resort to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on public property.
12. 
Sidewalk vendors shall ensure that, at all times, that a ten foot area immediately surrounding the sidewalk vending facility is free and clear from trash, litter, and debris at all times.
13. 
All sidewalk vendors selling food shall, at all times, prominently display the applicable health permit from the county, and display, sell, and offer food in a manner approved by the county.
14. 
Sidewalk vendors shall, at all times, maintain a minimum four foot-wide area over and across any pathway, sidewalk, or public property that is free from and clear from all obstructions associated with sidewalk vendor activities, including but not limited to sidewalk vending facilities and customer queuing areas. Notwithstanding the specifics of this subsection, the area to be kept free and clear shall be at least as large as necessary to comply with the Americans with Disabilities Act.
B. 
All sidewalk vending facilities utilized for sidewalk vending activities shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:
1. 
Except as may otherwise be approved in a sidewalk vending permit, sidewalk vending facilities and any attachments thereto, including, but not limited to, food, merchandise, or signage, shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. In approving sidewalk vending facilities of greater size, the director shall evaluate such requests by balancing: (a) the sidewalk vendor's reasonable need for a larger sidewalk vending facility given the nature of the sidewalk vending activities to be operated, the merchandise or food to be sold, and the location where the sidewalk vending activities are proposed to be operated, against; (b) the risk to the public health, welfare, and safety created by the larger sidewalk vending facility.
2. 
All signage and advertising related in any way to the sidewalk vendor shall comply with the terms and conditions of the permit, and shall be attached to the sidewalk vending facility, if any, or the sidewalk vendor's person.
3. 
Sidewalk vendors shall not utilize any electrical, flashing, wind powered, or animated signs.
4. 
Sidewalk vending facilities shall not touch, lean against or be affixed at any time to any other building or structure, including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
C. 
No person engaging in sidewalk vending activities shall engage in any for the following:
1. 
Renting of merchandise to customers.
2. 
Displaying of merchandise or food that is not available for immediate sale.
3. 
Selling of alcohol, cannabis, adult oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, or any other business or occupation that is not permitted or is prohibited by this code.
4. 
Using an open flame on or within any sidewalk vending facility, or otherwise using a heating element that is inconsistent with that approved in the sidewalk vending permit.
5. 
Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor.
6. 
Utilizing a portable generator in connection with sidewalk vending activities.
7. 
Conducting sidewalk vending activities under shaded structures, awnings, gazebos, and bandshell in parks, except as authorized by a franchise or agreement with the city.
8. 
Continuing to offer food or merchandise for sale to any person who has been offered food or merchandise by the sidewalk vendor and has declined the offer, or following or otherwise harassing any such person, or otherwise making any statements, gesture, or other communication that would be perceived as threatening by a reasonable person.
9. 
Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale.
10. 
Blocking or impeding the free flow of any pedestrian or vehicle traversing public property.
11. 
Placing sidewalk vending facilities outside of any pathway or sidewalk when engaging in sidewalk vending activities.
D. 
No person shall engage in sidewalk vending activities within three-hundred feet of:
1. 
An area designated for a temporary special permit issued by the city, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the city's temporary special permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary special permit;
2. 
Civic Center, City Hall, a police station, or a fire station;
3. 
Any public or private school, or a large or general child day-care facility, between the hours of seven a.m. and six p.m.; unless the sidewalk vendor is vending healthy foods exclusively, in which case the sidewalk vendor may be no closer than fifty feet from the subject facility.
4. 
Any place of assembly or worship, between one hour before and one hour after scheduled event or presentation times;
5. 
An area designated for a permitted certified farmers' market during the limited operating hours of that certified farmers' market; or
6. 
Any police officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.
E. 
No person shall engage in sidewalk vending activities within fifty feet of: any public picnic area, playground area or playground equipment; or any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court; public restroom; or another sidewalk vendor.
F. 
No person shall engage in sidewalk vending activities within ten feet of: a marked crosswalk; the curb return of an unmarked crosswalk; fire hydrant, fire call box, or other emergency facility; bus bench; transit or bus shelter; driveway or driveway apron; curb which has been designated as white, yellow, green, blue, or red zone; ATM or other vending machine; any driveway; or entrance or exit to a building, structure or facility; bike rack.
G. 
No person shall engage in sidewalk vending activities within ten feet ahead, and forty-five feet to the rear, of a sign designated a bus stop.
H. 
No person shall engage in sidewalk vending activities within five feet of an area improved with lawn, flowers, shrubs, trees, or street tree wells; or an outdoor dining or patio dining area.
I. 
Stationary sidewalk vendors shall not engage in any sidewalk vending activities: (1) an any sidewalk or pathway that is not a minimum width of eight feet; or (2) at any park where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
(Ord. 1695 § 2, 2021)
A. 
Violators of this chapter shall be issued an administrative citation in accordance with Chapter 1.04 of this code, subject to remaining provisions of this chapter. This section shall be interpreted and enforce consistent with Government Code Section 51039(f), as the same may be amended from time to time.
B. 
Violations of this chapter by holders of a valid sidewalk vending permit shall not be prosecuted as infractions or misdemeanors, and shall only be punished by the following administrative citation and revocation structure:
1. 
Except as otherwise provided in this chapter, any violation of this chapter shall be subject to administrative fines in the following amounts: an administrative fine not exceeding one hundred dollars for a first violation; an administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation; and an administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation. Notwithstanding the foregoing, the director, or hearing officer on appeal, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of this subsection.
2. 
Any person that engages in sidewalk vending activities without a permit pursuant to this chapter, the person shall be assessed administrative fines in the following amounts: an administrative fine not exceeding two hundred fifty dollars for a first violation; an administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation; and an administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.
3. 
Upon proof of a valid permit issued by the city, the administrative fines set forth in subsection (2) above shall be reduced to the administrative fines set forth in subsection (1) above.
C. 
Notwithstanding the foregoing, the director, or hearing officer on appeal, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of this subsection.
(Ord. 1695 § 2, 2021)
A. 
Permits issued under the provisions of this chapter may be revoked by the director, after notice and hearing, for any of the following causes:
1. 
Fraud, misrepresentation or false statement contained in the application for a permit;
2. 
Conducting the business in an unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public;
3. 
Upon a sidewalk vendor being issued a fourth or subsequent citation for violations of chapter within one calendar year of the first violation.
B. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee, at the last known address of the licensee, at least five days prior to the date set for hearing.
(Ord. 1695 § 2, 2021)
A. 
A code enforcement officer or police officer of the city is authorized to impound sidewalk vending facilities and any food, merchandise, utensils, equipment, goods, supplies, or other personal property that is utilized in connection with sidewalk vending activities in any of the following circumstances:
1. 
After engaging in uninterrupted observation for at least 30 minutes, an officer reasonably concludes that the sidewalk vending facilities, food, or merchandise are unattended or be abandoned in or upon the public property.
2. 
Food or merchandise is being displayed, offered, or made available for rent or sale in violation of this chapter, and the sidewalk vendor: (a) refuses to cease sidewalk vending activities after being directed to do so by an officer; or (b) fails to remove the sidewalk vending facilities, food, or merchandise from public property within 30 minutes after being directed to do so by an officer.
3. 
A person engages in sidewalk vending activities without being in possession of a sidewalk vendor permit issued by the city pursuant to this chapter, and the person: (a) refuses to cease sidewalk vending activities after being directed to do so by an officer; or (b) fails to remove the sidewalk vending facilities, food, or merchandise from public property within 30 minutes after being directed to do so by an officer.
4. 
Due to the location of the sidewalk vending facilities, the nature of the food or merchandise, or the manner in which sidewalk vending activities are being conducted, an officer reasonably concludes that there is an immediate and substantial risk to health, safety, or the environment, and the sidewalk vendor refuses to immediately cease sidewalk vending activities and expeditiously remove the sidewalk vending facilities, food, or merchandise from public property after being directed to do so by an officer.
B. 
Officers impounding sidewalk vending facilities shall make a written inventory record of all sidewalk vending facilities, food, merchandise or other personal property that is impounded. After completing the written inventory, officers shall safety store impounded property for a period of at least 90 days; provided that officers may immediately dispose of any perishable materials or other personal property that is impounded and not reasonably capable of being safety stored.
C. 
Any person that is the owner of any sidewalk vending facilities, food, merchandise, or other personal property that is impounded may recover impounded materials being stored by the city upon: (1) demonstrating proof of ownership to the reasonable satisfaction of the City Manager or their designee; and (2) paying the impound fees in an amount established by resolution of the city council as reimbursement for costs incurred in impounding and storing the materials. Any impounded materials that are not claimed after a period of 90 days following the date of impoundment will be considered abandoned and may be disposed of by the city in the manner provided by law.
(Ord. 1746, 1/28/2025)
A. 
Administrative Citations. Administrative citations issued pursuant to this chapter may be appealed in the following manner:
1. 
Any responsible person to whom an administrative citation is issued may contest the citation by filing an appeal with the finance department pursuant to Section 1.04.100 of this code. Any such appeal shall be filed within 20 days from the date of service of the citation.
2. 
Any responsible person to whom an administrative citation may request an ability-to-pay determination by filing a request for hearing with the finance department on the form provided by city. Consistent with Government Code Section 51039(f), a request may be filed at adjudication or while the citation remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
3. 
Any appeal or request shall be heard and conducted by a hearing officer pursuant to Sections 1.04.100 through 1.04.170, inclusive, of this code.
B. 
Permit Denial/Revocation. Any person aggrieved by the action of the director in the denial or revocation of a sidewalk vendor permit may appeal the decision to the city council pursuant to Section 5.00.320 of this code. Any such appeal shall be filed within 10 days from the date of service of the director's decision.
C. 
Impoundment. Any person that is the owner of any sidewalk vending facilities, food, merchandise, or other personal property that is impounded pursuant to this chapter may challenge the impoundment by filing a request for a hearing with the city manager on the form provided by the city. Any such request shall be made in writing and shall be filed with the city clerk's office within 10 calendar days from the date of impoundment, and the request shall be heard and conducted by a hearing officer pursuant to Sections 1.04.100 through 1.04.170, inclusive, of this code.
(Ord. 1695 § 2, 2021; Ord. 1746, 1/28/2025)