A. 
The purpose and intent of this chapter is to protect the public safety and welfare against the problems created by the proliferation of Roadside Vending in the City. The increase in the number of unregulated roadside vendors has created significant public safety and welfare concerns in the City.
B. 
The City Council finds that the regulation and prohibition of the Roadside Vending activities specified in this chapter are necessary to prevent significant health and traffic hazards causing bodily harm to persons in the City. Further, the City Council finds that the Roadside Vending activities within the public road right-of-way may cause automobile accidents that could result in serious and fatal bodily harm to citizens traveling through and living within the City, and for those reasons, additional regulation of roadside vendors is needed.
(Ord. 18 § 2, 2008, RCC § 5.76.010; Ord. 176 § 2, 2020)
Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section. If not otherwise defined in this section, all terms shall have their ordinary meaning.
"Department of Environmental Health"
means the Riverside County Department of Environmental Health.
"Enforcement officer"
means all of the following:
1. 
The Riverside County Director of Environmental Health and duly authorized designees;
2. 
The Wildomar Chief of Police and duly authorized designees; and
3. 
The Wildomar Public Works Director and/or City Engineer and duly authorized designees; and
4. 
The Wildomar Community Development Director and duly authorized designee.
"Public road right-of-way"
means 40 feet from the pavement edge of any road, public street, private street, intersection, County highway or alley up to, but not within, the boundaries of the adjacent private properties.
"Residential street"
means any public or private street within a residence district as defined within California Vehicle Code Section 515.
"Roadside vending"
means the offering or displaying for sale or selling of any food, merchandise, goods, or wares, from a vehicle.
"Street"
means any road, public street, private street, intersection, County highway or alley.
"Vehicle"
means a motorized vehicle as defined in California Vehicle Code Section 670.
"Vendor"
means any person that engages in vending activities including from a lawfully parked vehicle.
(Ord. 18 § 2, 2008, RCC § 5.76.020; Ord. 176 § 2, 2020; Ord. 259, 2/10/2026)
No person shall offer or display for sale or sell any food, merchandise, goods, or wares within the public road right-of-way, road median, or street unless otherwise allowed under Section 5.72.040 of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.76.030; Ord. 176 § 2, 2020)
A person may engage in roadside vending from a lawfully parked vehicle on a residential street, provided the following restrictions are followed:
A. 
No person roadside vending from a lawfully parked vehicle shall operate any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet, unless in conjunction with a special event as set forth in Title 17.
B. 
No person shall engage in roadside vending from a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed five minutes.
C. 
No vendor shall leave any location without first picking up, removing and disposing of all trash or refuse remaining as the result of sales.
(Ord. 18 § 2, 2008, RCC § 5.76.040; Ord. 176 § 2, 2020)
A. 
Any vendor who engages in roadside vending activities that fall within the specified exception in Section 5.72.040 of this chapter or beyond the public road right-of-way on private property shall comply with otherwise applicable laws, including business licensing, permitting and zoning requirements.
B. 
Any vendor engaged in the retail sale of food shall obtain a food facility permit from the Department of Environmental Health.
(Ord. 18 § 2, 2008, RCC § 5.76.050; Ord. 176 § 2, 2020)
A. 
In addition to any criminal, civil, or administrative action that may be taken pursuant to Chapter 1.16, an enforcement officer may seize any goods, wares, merchandise, perishable or nonperishable foods, and/or equipment, including pushcarts, but not including vehicles, used in violation of this chapter pending an administrative hearing before the Director of Code Enforcement or authorized designee as set forth in subsection B of this section. At the time of seizure, the seller shall be served by the enforcement officer with an itemized receipt identifying the seized items, and a notice of hearing, which shall have the date, time, and place (address) of the hearing on the seized items. The said hearing must be held within 10 business days following the service of receipt and notice of hearing for the seized items. If the seller is unavailable or unknown, the receipt and notice of hearing may be posted at the location where the items were seized.
B. 
Pursuant to Chapter 1.16, the Director of Code Enforcement or authorized designee shall determine whether the seller was in violation of this chapter. If, after the hearing, the Director of Code Enforcement or authorized designee determines, beyond a preponderance of the evidence, that the seller violated any provision of this chapter, the seized items will be considered forfeited to the City, and any enforcement officer may destroy or otherwise dispose of the seized items no sooner than the 95th day after the Director of Code Enforcement or authorized designee's written decision is mailed or personally served on the seller.
C. 
If the items are perishable, the enforcement officer may dispose of the perishable items immediately. If the seller waives his or her right to a hearing, then the nonperishable seized items will be considered forfeited to the City and may be immediately destroyed or otherwise disposed of by the enforcement officer. If the seller or agent does not appear for the hearing provided for in this chapter, the nonperishable seized items shall be deemed abandoned and forfeited to the City and may be immediately destroyed or otherwise disposed of by the enforcement officer without further notice to the seller. If the nonperishable seized items are evidence in a criminal proceeding, those items shall not be returned or destroyed pending release by the appropriate authorities.
D. 
Pursuant to California Code of Civil Procedure Section 1094.6, any action to review the decision of the authorized designee shall be commenced no later than the 90th day after the date that the authorized designee's decision is mailed or personally served on the vendor.
(Ord. 18 § 2, 2008, RCC § 5.76.060; Ord. 176 § 2, 2020)
If any clause, provision, sentence, or paragraph of this chapter, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of the ordinance codified in this chapter which shall remain in effect.
(Ord. 18 § 2, 2008, RCC § 5.76.070; Ord. 176 § 2, 2020)