As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this section, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this section, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
"Cannabis"means the substances defined in Section
5.89.010 of this code or any successor section.
"Certified farmer's market" or "farmer's market"means a location operated in accordance with Chapter 10.5 (commencing with Section
47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, or any successor chapter.
"City"means the City of Orange.
"Civic Center"means the buildings, facilities, and parking lots or areas including City Hall location at 300 East Chapman Avenue, Orange, California, or at such other place as may be designated by the Council, fixed as the meeting place for all official meetings of the Council.
"Concessionaire"means the holder of an exclusive agreement with the City for the sale of food and/or merchandise in a City-owned park.
"Director"means the Director of Community Development, or designated representative.
"Emergency vehicle access"means the roadway, path, or other surface that provides police or fire 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 lanes, access roadways, trails, and walkways.
"Fire station"means any facility where fire engines and other equipment of the Orange Fire Department are housed.
"Food"means any type of human edible substance, including any food product or beverage as provided in Health and Safety Code Section
113781 or any successor section.
"Goods"means items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.
"Major transit stop"means the portion of a site designated as the passenger loading area that contains any of the following: an existing rail transit station, a bus or rail transit service, or the intersection of two or more major bus routes with a service interval of 15 minutes or less during the morning and afternoon peak commute periods.
"Merchandise"means any goods or item(s) that can be sold and immediately obtained from a mobile vendor, which is not considered food. Items for rent shall not be considered merchandise. Merchandise does not include services.
"Mobile food 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, prepackaged, 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.
"Mobile vending vehicle"means any motorized vehicle as defined in the
California Vehicle Code and registered with the California Department of Motor Vehicles, including, but not limited to, ice cream trucks, grocery trucks, food trucks, catering trucks, hot trucks, chef trucks, lunch trucks, wagons, food trailers, or any other fully enclosed vehicle or mobile food facility from which fruits, vegetables, merchandise, goods, beverages, prepackaged food or all foods are prepared, cooked and stored inside the vehicle, which are sold, displayed, solicited, or offered for sale or bartered or exchanged, on any portion of any public street within the City or on private property with permission of the property owner.
"Mobile vendor"means any person in charge of or driving any motorized mobile vending vehicle requiring a valid state driver license to operate, either as agent, employee, or otherwise under the direction of the owner.
"Mobile vendor activities" or "mobile vending activities"means actions that qualify a person as a mobile vendor or actions done in anticipation of becoming a mobile vendor such as, but not limited to, installation, placement, or maintenance of any mobile vending vehicle on public or private property.
"Operator"means any person or entity who:
1. Owns, controls, manages, and/or leases a mobile vending vehicle; or
2. Contracts with a person(s) to drive, operate, prepare food and/or vend from a mobile vending vehicle; or
3. Drives, operates, vends and/or prepares food on or from a mobile vending vehicle.
"Owner"means any person having proprietary control of or right to proprietary control of any mobile vending vehicle.
"Park"means any area dedicated or established as a public park owned or operated by the City, including, without limitation, active and passive parks.
"Pathway" or "pedestrian pathway"means a paved or improved path, or walkway used primarily for pedestrian travel, other than a sidewalk. Pathway or pedestrian pathway does not mean the grassy areas of parks.
"Permitted event"means any event that has a special event permit, park use permit, or lake use permit, including, but not limited to, farmer's markets, street fairs, races, and private events.
"Person"means one or more natural persons, groups, businesses, owners, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.
"Police station"means any facility where police vehicles and other equipment of the Orange Police Department are housed.
"Public property"means all property owned or controlled by the City, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and trails.
"Residential"means any area zoned exclusively as residential in the zoning code, including, without limitation, R1-5, R1-6, R1-7, R1-8, R1-10, R1-12, R1-15, R1-20, R1-40, R1-R, R2-6, R2-7, R2-8, R-3, R-4, MH, and any historic district zone.
"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.
"School"means any public or private school in which instruction is given in any or all grades, including preschool through grade 12.
"Services"means activities involving the performance of work for others or the provision of intangible items that cannot be returned once they are provided. Examples include, but are not limited to, hair braiding, face painting, massage, yoga, fortune telling, tattooing, and dog training.
"Sidewalk"means a public paved or hardscape sidewalk, parkway, pedestrian path, walkway, or other public right-of-way specifically designed for the exclusive use of pedestrian travel.
"Street or highway"means a public or private vehicular right-of-way other than an alley or private drive.
"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 chapter, or any successor chapter.
"Temporary special permit"means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public property, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, farmer's markets, swap meets, filming, fireworks shows, parades, athletic events, public assemblies, carnivals, fairs, walks, runs and marathons, festivals, shows, seasonal or holiday events and outdoor concerts or performances.
"Trail"means a paved pathway, which may consist of decomposed granite, designed to be used primarily by bicyclists, horses and other modes of transportation including Class 1 (off street) trails and riding and hiking trails as denoted in the general plan other than primarily for pedestrian travel.
"Vend" or "vending"means soliciting, displaying, or offering produce, prepared or unprepared food, prepackaged food and/or non-food sundries of any kind for sale or barter or exchange from a mobile 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 mobile vending vehicle for the purpose of searching for, obtaining and/or soliciting retail sales of produce, prepared food, prepackaged food, or non-food sundries, including, but not limited to, goods, wares, or merchandise. "Vend" and "vending" do not include the offering of services.
(Ord. 11-23, 2023)