A. 
The purpose of this chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter generally allow portable food stands and certain forms of solicitation while imposing regulation of unpermitted sidewalk vending activities and related enforcement to protect the health, safety, and welfare of the public.
B. 
The City Council finds that to promote the public health, safety and welfare, regulating sidewalk vending is necessary to ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, place of business, park, areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, an area designated by a temporary special permit issued by the City, street to the sidewalk, and by persons exiting or entering parked or standing vehicles.
C. 
Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors and their patrons, because they are at risk of being struck by vehicles and/or causing vehicular accidents if vending occurs in streets or medians.
D. 
Limiting sidewalk vending hours of operation within residential neighborhoods to specific daylight hours consistent with a residential atmosphere is necessary to protect the safety of vendors and residents who would be more vulnerable to criminal activities during evening hours, and to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet.
E. 
These regulations ensure continuous access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, and mailboxes, as well as access to locations used for public transportation services.
F. 
These regulations ensure such activities occur only in locations where they will not restrict sidewalk and pathway access and enjoyment by individuals with disabilities pursuant to the American with Disabilities Act of 1990 and other disability access standards.
G. 
These regulations reduce exposure to the City for personal injury or property damage claims and litigation.
(Ord. 03-23, 2023)
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.
"Above-ground structure"
means any structure affixed to a sidewalk, including, but not limited to, a streetlight, tree well, parking meter, utility structure, utility box, bike rack, scooter corral, mailbox, trash can, elevator, kiosk, newspaper rack, picnic shelter, bench, table, wall, sign pole, traffic signal pole, signal pushbutton pole, and stairs.
"Alcohol" and "alcoholic beverage"
shall have the same meaning as defined in Section 9.39.040 of this code, or any successor section.
"Applicant"
means any person who has applied for a Sidewalk Vending Permit to be a sidewalk vendor in the City.
"Cannabis"
means the substances defined in Section 5.89.010 of this code, or any successor section.
"City"
means the City of Orange.
"Certified farmers' 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.
"Concessionaire"
means the holder of an exclusive agreement with the City for the sale of food or merchandise in a City-owned park.
"Conveyance"
means any non-motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons.
"Curb face"
means the vertical or sloping surface on the roadway side of the curb.
"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.
"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.
"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.
"Fire station"
means any facility where fire engines and other equipment of the Orange Fire Department are housed.
"Goods"
means items, personal property, merchandise, or any other similar item that is generally sold, including food and beverages.
"Hardscape"
means paving material, including tiles, mortared pavers, decomposed granite, colored or patterned concrete with a tile, brick, or stone appearance, or a paving material with enhanced concrete that has an exposed aggregate, colored, or salt finish.
"Hearing officer"
means an impartial individual designated to determine appeals pursuant to and in accordance with Section 2.04.260 of this code.
"Heating element"
means any device used to create heat.
"Impound"
means to seize or take custody of sidewalk vending cart, equipment, utensils, food or merchandise (collectively classified as "items") because of a violation of any applicable law or regulation.
"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 sidewalk vendor, which is not considered food. Items for rent shall not be considered merchandise. Merchandise does not include services.
"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, farmers' markets, street fairs, races, and private events.
"Person"
means one or more natural persons, groups, businesses, 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.
"Portable cooking equipment"
means any gas-fueled appliance used to heat, cook, or prepare food or beverages on a conveyance by a sidewalk vendor.
"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.
"Public right-of-way"
means a public easement for streets, alleys, or other uses, other than a sidewalk.
"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.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place-to-place and stops only to complete a transaction.
"School"
means an institution of learning that offers instruction in those courses of study required by the education code or that is maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college, or university.
"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. A sidewalk shall not include streets, alleys, medians, plazas, or City-owned parking lots or structures.
"Sidewalk Vending Permit" or "permit"
means a permit established by this chapter that has been issued to any applicant engaging in sidewalk vending activities in the City.
"Sidewalk vendor"
means a person(s) who sells food or merchandise from a sidewalk vending cart or from one's person, upon a public sidewalk. It includes both roaming sidewalk vendors and stationary sidewalk vendors.
"Sidewalk vendor activities" or "sidewalk vending activity"
means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, installation, placement, or maintenance of any sidewalk vending cart.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"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, farmers' markets, swap meets, filming, fireworks show, 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 to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and vending does not include the offering of services.
"Vendor" or "vending cart"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined in the vehicle code.
(Ord. 03-23, 2023; Ord. 09-23, 2023)
A. 
No person, for either themselves or any other person, shall engage in any sidewalk vendor activities within the City without first applying for and receiving a business license from the City's Finance Department, and a Sidewalk Vending Permit from the City's Community Development Department in accordance with this chapter.
B. 
A Sidewalk Vending Permit is not required for a certified farmers' market, swap meet, or any activity or event authorized by a temporary special permit.
(Ord. 03-23, 2023)
A. 
Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending, shall file an application with the Community Development Department on a City-approved form. Such application shall be accompanied by a nonrefundable application permit fee in an amount established by resolution of the City Council, and shall contain, at a minimum, the following information:
1. 
The legal name, date of birth, current mailing address and telephone number of the applicant who will be solely responsible for the Sidewalk Vending Permit regardless of whether that person is employed or engaged by another individual or a business or will use a vending cart owned by another individual or a business. The applicant must be 18 years of age or older.
2. 
If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name, current telephone, email, and business address of the principal.
3. 
A copy of the applicant's government-issued photo identification, California driver's license or identification number, social security card, individual taxpayer identification number, or municipal identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.
4. 
Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor.
5. 
The legal name, date of birth, current mailing address and telephone number of all person(s) who will be employed by the applicant who will work as a stationary sidewalk vendor or a roaming sidewalk vendor.
6. 
A copy of any employee's government-issued photo identification, California driver's license or identification number, social security card, individual taxpayer identification number, or municipal identification number, which shall not be available to the public and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order.
7. 
Whether the applicant intends to vend food, merchandise or both.
8. 
If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element or portable cooking equipment to prepare the food.
9. 
If the vendor is selling merchandise, a description of the merchandise to be sold.
10. 
The hours of operation per day and the day(s) per week during which the applicant proposes to vend.
11. 
A description of the general or specific location, address, map, or drawing of the area(s)/route in which the applicant proposes to vend either as a stationary sidewalk vendor or a roaming sidewalk vendor.
12. 
A description, and attached photograph(s) of any vending cart the applicant intends on using in conjunction with the sidewalk vending activity including the physical dimensions or measurements of the height, width, and depth of the vending cart.
13. 
If a stationary sidewalk vendor, a maintenance plan that includes litter pick up and food waste disposal in the vicinity of the vending location.
14. 
If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Orange County Health Care Agency Environmental Health Division including a copy of the applicant's current and valid Orange County Food Facility Health Permit.
15. 
A copy of a current and valid business license issued pursuant to Chapter 5.06.
16. 
A copy of a current and valid California Department of Tax and Fee Administration seller's permit issued to the applicant, which shall be maintained during the pendency of the Sidewalk Vending Permit.
17. 
Submittal of two high resolution color passport photos of the applicant and its employee(s), if applicable, taken within 60 days of the application filing. The photos shall be as follows:
a. 
Two inches by two inches (51 x 51 mm);
b. 
Head must be between one inch and 1-3/8 inches (25 to 35 mm) from the bottom of the chin to the top of the head and showing the shoulder;
c. 
Printed on matte or glossy quality paper;
d. 
Not digitally changed and not blurry, grainy or pixelated.
18. 
A list of any convictions of the applicant and its employee(s), if applicable, for a felony or misdemeanor involving moral turpitude for the five years preceding the date of the application.
19. 
The applicant shall maintain and provide proof of comprehensive general liability insurance with minimum policy limits of $1,000,000.00 per occurrence, combined single limit coverage, and $1,000,000.00 in the aggregate against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the applicant. Such insurance shall name as additional insured the City of Orange, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without 30 days' advance written notice to the City of Orange.
20. 
An acknowledgment that the applicant will comply with all other generally applicable local, state, and federal laws.
21. 
Certification by the applicant, under penalty of perjury, that the information contained in the application is true to their knowledge and belief.
22. 
An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, 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, attorneys' 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 permit or 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, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee or City.
23. 
An acknowledgement that the applicant's use of public property is at their own risk and that the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities.
24. 
Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.
B. 
The applicant and its employees, if applicable, shall also submit a complete set of the applicant's and its employees' fingerprints to the Chief of the Orange Police Department or designee in a manner and form approved by the Chief of Police. The applicant and its employees shall pay for any fees for the fingerprints. Pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this chapter.
C. 
The applicant must immediately notify the City in writing of any changes to the information provided in the application or this chapter after the issuance of a Sidewalk Vending Permit. A Sidewalk Vending Permit Change of Information Fee shall be assessed against any applicant who has been issued a Sidewalk Vending Permit and changes any information as provided in the application or this chapter as established by resolution of the City Council.
D. 
Payment of an application permit fee and renewal permit fees. Each application for a Sidewalk Vending Permit either as a stationary sidewalk vendor or roaming sidewalk vendor shall be accompanied by an application permit fee or renewal permit fee as established by resolution of the City Council. The application permit fee and renewal permit fees are only applicable to the applicant named in the application. The application permit fee and renewal permit fee are nonrefundable and will not be prorated.
E. 
Payment of an Employee Application Permit Fee, if Applicable. An employee application permit fee shall be required for each person who will be employed or engaged in sidewalk vending activity by an applicant for a Sidewalk Vending Permit; the fee shall be established by resolution of the City Council. This fee shall be required for each person employed or engaged in sidewalk vending activities either as a stationary sidewalk vendor or a roaming sidewalk vendor. Furthermore, this fee shall be renewed annually for each person employed or engaged by the applicant of a Sidewalk Vending Permit and the fee is nonrefundable and will not be prorated.
(Ord. 03-23, 2023; Ord. 07-24, 5/14/2024)
A. 
Determination of Completeness. The Director shall, within 30 calendar days, review the submission of any application for a Sidewalk Vending Permit to determine if the application contains all of the requisite information set forth in Section 5.54.040. Any application that is missing required information or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the Director. In such case, the Director shall issue a notice of incompleteness to the applicant specifying the information that is missing resulting in the incomplete application. Failure of the applicant to submit the missing information within 30 calendar days of the notice of incompleteness shall be deemed an administrative withdrawal of the Sidewalk Vending Permit application by the applicant.
B. 
Investigation and Action. Upon receipt of a complete Sidewalk Vending Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application within 60 days of the Director's determination of completeness. The Director may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the City or other appropriate agency.
C. 
Notwithstanding the provisions of this code, the Director shall approve the issuance of a Sidewalk Vending Permit unless the Director determines that any of the following disqualifications exist:
1. 
The applicant has failed to submit any of the information, documentation, or fees required pursuant to Section 5.54.040;
2. 
The applicant does not possess all federal, state, and/or local permits, licenses, certificates, and/or approvals required to engage in the activity subject to the permit;
3. 
The applicant has made one or more materially false, misleading, fraudulent, misstatements or misrepresentations in the application or supplemental information;
4. 
The applicant's proposed vending activity, as described in the application, is inconsistent with the standards, conditions, prohibitions, and requirements set forth in this chapter;
5. 
The applicant has failed to demonstrate an ability to conform to the standards, conditions, prohibitions, or requirements set forth in this chapter;
6. 
The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian movement, tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;
7. 
The conduct of the sidewalk vendor will unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;
8. 
The conduct of such sidewalk vending activity will constitute a fire hazard, even after all proper safety precautions are taken;
9. 
The conduct of such sidewalk vending activity will require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
10. 
The applicant has had a Sidewalk Vending Permit revoked or denied within the previous year;
11. 
The applicant has not paid all previous administrative fine(s), completed all community service, or completed any other alternative disposition associated in any way with a previous violation of this chapter;
12. 
The applicant including its employee(s), if applicable, has been convicted of any felony or misdemeanor offense involving moral turpitude within five years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude;
13. 
The applicant including its employee(s), if applicable, has been convicted of any felony offense involving the sale of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058 within five years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this section;
14. 
The applicant has not maintained required insurance to protect the City from liability associated with the sidewalk vendor's activities, including the naming of the City as an additional insured, as determined by the City's risk manager;
15. 
The applicant including its employee(s), if applicable, is required to register under the provisions of Penal Code Section 290 (or an equivalent section in any other state); or
16. 
The applicant has not satisfactorily provided all additional information requested by the Director to consider the applicant's application.
(Ord. 03-23, 2023)
A. 
If a Sidewalk Vending Permit is denied pursuant to this chapter, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The notice shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section 5.54.150(C). Notice shall be mailed to the applicant at the address listed in the application.
B. 
Any applicant who has been denied a Sidewalk Vending Permit pursuant to this chapter shall not be eligible to re-apply for a Sidewalk Vending Permit for a period of one year from the written denial.
(Ord. 03-23, 2023)
A. 
A Sidewalk Vending Permit issued pursuant to this chapter shall automatically expire one year from the date issued unless an earlier expiration date is noted on the permit.
B. 
Renewal of Permit. Any applicant who has been issued a Sidewalk Vending Permit and seeks to continue sidewalk vending must renew before the Sidewalk Vending Permit has expired through the same application process described in Section 5.54.040. Unless timely renewed, any Sidewalk Vending Permit issued pursuant to this chapter shall expire and become null and void at the end of its term.
C. 
Renewal of Permit After Revocation. Any applicant whose Sidewalk Vending Permit is revoked may not renew their permit for one year from the date it is revoked.
(Ord. 03-23, 2023)
A Sidewalk Vending Permit issued pursuant to this chapter shall not be transferable to any other entity or person. Any change in ownership, sidewalk operation or vending activity of an issued Sidewalk Vending Permit requires the filing of a new permit application under this chapter.
(Ord. 03-23, 2023)
A. 
Sidewalk vendors shall adhere to all operating conditions and requirements set forth in this chapter, and all restrictions, limitations, and operating requirements set forth in this chapter shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this chapter.
B. 
The conditions, restrictions and operating requirements set forth in this chapter are intended to protect the health and safety of vendors, their patrons, and the general public for reasons including, but not limited to:
1. 
Reducing exposure to pedestrian versus vehicle contact;
2. 
Ensuring better visibility of drivers entering or exiting driveways;
3. 
Protecting access to public rights-of-way by disabled persons to comply with the Americans with Disabilities Act;
4. 
Ensuring safe pedestrian pathways in areas commonly utilized by pedestrians;
5. 
Preventing the appearance of "marketplace" vending which is more likely to generate crowding on public sidewalks that would impede pedestrians and disable use of sidewalks;
6. 
Reducing the chance pedestrians will enter vehicular rights-of-way or block the entrance or exit of a business;
7. 
Reducing the danger that school children will enter into traffic and be injured or killed trying to reach a vendor;
8. 
Reducing unnecessary or unanticipated slowing of vehicles approaching onramps, immediately adjacent to curb and sidewalk, or exiting freeway off-ramps where drivers are merging into oncoming traffic, all of which are likely to cause accidents;
9. 
Reducing the possibility that drivers will be distracted in their line of sight by a vendor in the way of oncoming traffic;
10. 
Causing visual distraction to the driving public;
11. 
Causing excessive noise that disturbs the peace;
12. 
Eliminating litter, refuse and food waste from the public rights-of-way; and
13. 
Reducing the likelihood of contamination deposited into the City's storm drain system.
(Ord. 03-23, 2023)
The following operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit:
A. 
Sidewalk vendors shall operate in compliance with all applicable federal, state, county, and City laws, ordinances, and regulations.
B. 
Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Director and shall display a City-issued Sidewalk Vending Permit and business license on the street-side portion of the City-approved vending cart. The applicant who has been issued a Sidewalk Vending Permit shall always be at the approved location while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. The applicant and any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities.
C. 
Roaming sidewalk vendors shall only conduct vending operations along the areas or route approved by the Director and shall display a City-issued Sidewalk Vending Permit and business license on the City-approved vending cart; or if no vending cart is utilized, a roaming sidewalk vendor shall keep the City-issued Sidewalk Vending Permit and business license upon their person in a conspicuous manner at all times while conducting vending activities. The applicant who been issued a Sidewalk Vending Permit shall always be at the approved areas or route while conducting vending activities except as permitted by law for reasonable time away due to rest, restroom, and meal breaks. Any employee(s) shall also display a photo identification issued by the City upon their person in a conspicuous manner at all times while conducting vending activities:
1. 
Roaming sidewalk vendors shall move continuously except when necessary to complete a sale. Notwithstanding the foregoing, the roaming sidewalk vendors shall immediately move to provide access to the sidewalk to avoid impeding the flow of pedestrian or other traffic.
2. 
Roaming sidewalk vending within any residential areas of the City is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.
D. 
Sidewalk vendors shall comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in vending shall be accompanied by a sidewalk vendor with a valid vending permit. Any and all actions of the minor related to vending, including any violations committed by the minor, are attributable to the sidewalk vendor.
E. 
No stationary sidewalk vendor shall vend, and no roaming sidewalk vendor shall stop to make sales within the number of feet designated below from the nearest portion of the following locations:
1. 
Within 25 feet of any street intersection;
2. 
Within 25 feet of any traffic control device (including traffic signals and traffic signs);
3. 
Within 25 feet of a fire hydrant or connection, fire lane, fire call box, or other emergency facility;
4. 
On any designated emergency vehicle accessway;
5. 
Within three feet of the edge of any curb including areas of the curb to provide for unobstructed access for loading and unloading, parking space, access ramp designed for individuals with disabilities, public utility providers, deliveries, police, fire or other essential service activities;
6. 
Within 50 feet of any driveway or driveway apron;
7. 
Within 25 feet of a marked crosswalk;
8. 
Within 25 feet of a curb return of an unmarked crosswalk or curb ramp;
9. 
Within 25 feet of any loading and unloading zone, parking space, or access ramp or parking space designed for individuals with disabilities;
10. 
Within 25 feet of a bus stop, taxi stand, bus bench, or bus shelter;
11. 
Within 25 feet of any entrance, fire escape or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;
12. 
Sidewalk vendors shall not engage in sidewalk vending activities within 50 feet of another sidewalk vendor;
13. 
Within 500 feet of any permitted certified farmers' market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers' market, swap meet, or temporary special permit;
14. 
Upon any sidewalk that is within 500 feet of the nearest property line of any property on which a school, a place of worship, or a child day-care facility is located;
15. 
Upon any sidewalk that is within 500 feet of the nearest property line of any property on which a private and post-secondary education, college or university building or campus is located;
16. 
Within or on any median strip or dividing section of any street;
17. 
Within 25 feet of any parking lot or parking structure;
18. 
Within any landscaped area or on an unpaved surface;
19. 
Within 50 feet of any railroad crossing or train tracks;
20. 
Within 500 feet of any major transit stop;
21. 
Within 25 feet of any active encroachment permit issued and displayed during the time and dates listed in the permit;
22. 
Within 25 feet of any automated teller machine, bank ATM, or parking pay station;
23. 
Within 25 feet of any outdoor dining or patio area of a business;
24. 
Within 500 feet from freeway onramps and offramps;
25. 
Within 500 feet of a backup City Emergency Operations Center, identified in the City's Emergency Operations Plan, during the operational period;
26. 
Within any public property that does not meet the definition of a sidewalk or pathway including, without limitation, any alley, median, trail, street, roadway, parking lot, or parking structure;
27. 
Within any private property without having first obtained current and valid permits and licenses from the City for such activity and received express written consent of the property owner or lessee of the property;
28. 
Within 500 feet of any Civic Center, police and fire station or facility, public utility facility, United States Postal Service office or facility, or other governmental building or facility.
F. 
Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and must maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
G. 
Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows.
H. 
Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes.
I. 
Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending station and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be considered when assessing the total size limit of a stationary sidewalk vending. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation, and returning the site to the condition present at the time the sidewalk vendor arrived.
J. 
Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within 25 feet of the vending location. Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City.
K. 
Vending carts shall not be left unattended on the public right-of-way at any time.
L. 
Sidewalk vendors engaged in the vending of food or beverages shall have hand sanitizer located in a conspicuous location readily available for use by customers.
M. 
All food and merchandise shall be stored either inside or affixed to the sidewalk vendor station or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor station, the overall space taken up by the sidewalk vendor station shall not exceed the size requirements provided in this chapter.
N. 
Roaming sidewalk vendors shall not use any portable cooking equipment, gas-fueled appliance, or any open flame unless approved and permitted by Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division.
O. 
Sidewalk vendors who vend any food, beverage, or liquid product must implement the following best management practices:
1. 
Possess spill kits that are comprised of paper towels, cloth towels, cat litter, or sand at all times while vending;
2. 
Remove all spill materials from the public right-of-way and sidewalks once the spilled material is absorbed off the ground;
3. 
Capture and prevent spills leaving the area and moving into the surrounding streets from entering the stormwater conveyance system, including curbs, gutters, and storm drains;
4. 
Properly dispose of grease, either by hiring and utilizing an on-site grease collector or collection system, or at an acceptable facility; and
5. 
Ensure that any water or rinse residue used for vending activities (e.g., cooler water, ice, food preparation water) is not disposed in the curbs, gutters, streets, drains, or on any public property.
P. 
Sidewalk vendors shall ensure that all customer queuing, 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.
Q. 
During an urgent or emergency public safety event or incident, including, but not limited to, a traffic accident, crime scene, medical emergency, gas leak, natural disaster, fire, on-site construction, sidewalk or road work or related work on a capital improvement project, the City may temporarily require the sidewalk vendors to relocate to another location or area if doing so is necessary to protect the public health, safety, or welfare.
R. 
Sidewalk vendors may only use an umbrella or temporary covering for shade or protection from sun or rain over the vending cart, and it shall not exceed eight feet in height nor five feet in diameter. Furthermore, the use of such an umbrella or temporary covering shall be fire rated as flame-resistant as approved by the Orange City Fire Department for any vending activities while an approved heating element or portable cooking equipment is in use.
S. 
Notwithstanding any specific requirements, conditions or prohibitions contained in this chapter, sidewalk vending is prohibited at any location, public property or area where the operation of sidewalk vending activities creates a reasonable danger to the health, safety or general welfare of the public or property.
T. 
Sidewalk vendors shall present, upon request, a valid government-issued photo identification, California driver's license or identification card, Sidewalk Vending Permit, business license, and other applicable license or permit, to any City official including a City code compliance officer, police officer, firefighter, fire prevention specialist or examiner, Orange County health inspector authorized to enforce this chapter including to ensure the safe operation and any heating elements or portable cooking equipment used to prepare food, as well as to any person to whom they are vending.
(Ord. 03-23, 2023)
In addition to the general operating requirements set forth in Sections 5.54.100, 5.54.120 and 5.54.130, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor.
A. 
Vending activity is prohibited from operating or establishing in any residential zone of the City.
B. 
Any vending cart used in the vending activity shall be removed from the sidewalk each day at the close of business.
C. 
Stationary sidewalk vendors shall not cause, allow, or suffer the placement of tables, chairs, fences, shade structures, umbrellas, other furniture, rugs, towels, or fabric of any kind upon the sidewalk in conjunction with the vending operation (whether for the display of goods or any other reason).
D. 
Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs upon the sidewalk, unless approved pursuant to Chapter 17.36.
E. 
Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines located on public property or owned by the City, or belonging to any other entity or person, during the vending activity.
F. 
No vending cart may exceed an overall height of five feet, a total width of five feet, and a total length of five feet. It may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids.
G. 
Vending activities shall only occur on sidewalks or pathways with a minimum width of eight feet or larger.
H. 
Vendors shall only use any portable cooking equipment or heating element as approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division. The following additional conditions apply:
1. 
The equipment shall be kept at least 20 feet from any permanent structure and at least 30 feet from any dry grass, grain, brush, or forested area;
2. 
The equipment shall not be unattended;
3. 
No vendor shall smoke or vape or allow any person to smoke or vape within 20 feet;
4. 
The vendor shall regularly clean the portable cooking equipment to remove grease and food buildup;
5. 
The equipment shall only use propane, natural gas, or butane cylinder tanks;
6. 
The vendor shall use or store only propane, natural gas, or butane tanks of 20 gallons or less, with a limit of two 20-gallon tanks on a conveyance;
7. 
Tanks shall be stored in an upright position during use and positioned in such a way as to prevent falling, tipping, and tampering;
8. 
Tanks shall be disconnected while the conveyance is in transit or not in use;
9. 
Only tanks with a shut-off valve and a pressure regulator, having hoses of a type approved for use by the manufacturer with the equipment are allowed;
10. 
All connections to the tank shall be tested for potential leaks before each use using soap and water; and
11. 
Any conveyance that stores a tank shall have two ventilation openings on opposite sides at the cylinder valve level and at least one ventilation opening at the floor level. Each opening shall be a minimum of 10 square inches, screened with a minimum 16 mesh and shall vent to the exterior of the conveyance.
I. 
Stationary sidewalk vendors shall comply with the following fire extinguisher requirements:
1. 
An easily accessible, properly charged and maintained 2A-10BC-rated five pound fire extinguisher shall be kept at the vending cart at all times and be familiar with its proper use. Stationary sidewalk vendors shall ensure the extinguisher has been serviced within the last year and has a valid California State Fire Marshal service tag attached;
2. 
Deep-fat fryers or woks with cooking oil capacity of six inches depth or greater using combustible cooking media, vegetable or animal oils or fats, shall be provided with a Class K fire extinguisher;
3. 
The extinguisher shall be mounted securely to the vending cart or equipment; and
4. 
The extinguisher shall be located away from the cooking area but within reasonable reach to prevent the spread of fire.
(Ord. 03-23, 2023; Ord. 07-24, 5/14/2024)
Sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park.
A. 
Stationary sidewalk vendors are prohibited from operating within any portion of a City park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.
B. 
Stationary sidewalk vendors operating within a City park shall comply with all operating requirements and prohibitions set forth in Sections 5.54.100, 5.54.110 and 5.54.130.
C. 
Roaming sidewalk vendors shall not vend within 50 feet of any portion of a park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.
D. 
Sidewalk vendors shall not vend in the following locations within a park:
1. 
Within 50 feet of any field, court, or pitch that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer pitch, volleyball court, pickleball court, horseshoe pits, lawn bowling and handball court), while said area is in use;
2. 
Within 100 feet of any playground, recreational water features, or exercise area, while said area is in use;
3. 
Within 50 feet of any restroom facilities;
4. 
Within 50 feet of any community building or structure, indoor gym, dance rooms, meeting rooms, arts and craft rooms, banquet halls, lounge, shaded structures, patios, awnings, gazebos, BBQ stations, picnic pavilion, picnic tables, recreation rooms, dog park, and bandshells;
5. 
Within 100 feet of any lake or water basin;
6. 
Within 100 feet of any decorative water fountain and memorial structures;
7. 
Within 50 feet of any abutting residential parcel adjacent to a park.
E. 
Sidewalk vending within any park is prohibited daily between the hours of 7:00 p.m. and 7:00 a.m. of the subsequent day.
F. 
Notwithstanding Section 5.54.100(E)(18), sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. Sidewalk vendors of food may not conduct sidewalk vending on unpaved portions of a park.
(Ord. 03-23, 2023; Ord. 07-24, 5/14/2024)
The following activities are prohibited, which are directly related to objective of health, safety, and welfare concerns, including, but not limited to, health, safety and welfare of vendors, their prospective patrons, pedestrians, those protected by the Americans with Disabilities Act, those operating motor vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public at large. Sidewalk vendors shall not:
A. 
Sell or offer to sell services, or engage in or offer to engage in any type of rental activity, including the rental of any goods or services;
B. 
Display merchandise or food that is not available for immediate sale;
C. 
Utilize outdoor wood burning ovens, charcoal barbecues;
D. 
Utilize gasoline or kerosene;
E. 
Utilize portable generators unless approved by the Director, Orange City Fire Department and/or Orange County Health Care Agency Environmental Health Division;
F. 
Except as otherwise specified in this chapter, conduct sidewalk vending activities between the hours of 10:00 p.m. and 7:00 a.m. daily or inconsistent with the hours of operation of the businesses on the same street block;
G. 
Utilize a motorized sidewalk vending cart;
H. 
Touch the person(s) being offered to purchase food or merchandise without that person's consent;
I. 
Use any flashing lights or any other animated devices or signs. Sidewalk vendors shall only utilize the minimum amount of luminaires necessary for the safe operation of sidewalk vending activities as determined by the City;
J. 
Sell, use, or vend any of the following:
1. 
Live animal(s),
2. 
Adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities as defined in Section 5.86.020 of this code,
3. 
Alcohol, cannabis, marijuana, or tobacco products that contain nicotine or any product used to smoke (or "vape") nicotine or marijuana,
4. 
Weapons, including knives, guns, or explosive devices; airsoft guns, paintball guns, BB devices or imitation firearms,
5. 
Pharmaceuticals,
6. 
Illegal or counterfeit merchandise, or
7. 
Any other merchandise or products prohibited by local, state and federal laws;
K. 
Use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound. No sidewalk vendor shall employ horns, bells, whistles, or noise-making devices;
L. 
Allow a vending cart or other accessory equipment to touch, lean against or be affixed or fastened at any time to any building, structure or above-ground structure, including, but not limited to, poles, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, waste receptacles, or traffic barriers located in the public right-of-way;
M. 
Set up a customer seating area, such as, but not limited to, equipment, tables, chairs, tents, or canopies;
N. 
Enter private property to solicit at any dwelling, including, but not limited to, a house, apartment, duplex, condominium, gated community, or business without explicit permission of the property owner or their designee.
(Ord. 03-23, 2023; Ord. 07-24, 5/14/2024)
A. 
By Persons With a Current and Valid Permit. A violation of this chapter by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City pursuant to this chapter is punishable by an administrative citation pursuant to Chapter 1.10 of Title 1 of this code, in the following amounts:
1. 
An administrative fine not exceeding $100.00 for a first violation;
2. 
An administrative fine not exceeding $200.00 for a second violation within one year of the first violation; and
3. 
An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
B. 
By Persons Without a Current and Valid Permit. Any person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this chapter is punishable by an administrative citation pursuant to Chapter 1.10 of this code, in the following amounts:
1. 
An administrative fine not exceeding $250.00 for a first violation;
2. 
An administrative fine not exceeding $500.00 for a second violation within one year of the first violation; and
3. 
An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid permit issued by the City, pursuant to this chapter, the administrative fines set forth in this subsection B shall be reduced to the administrative fines set forth in subsection A of this section, or any successor sections.
C. 
The Director may revoke a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
D. 
A violation of this chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this part shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
E. 
Any administrative citation issued pursuant to this chapter shall be accompanied with notice of and instruction regarding the citee's right to request an ability-to-pay determination. When assessing administrative citations pursuant to this chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
F. 
If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor sections, the City shall accept, in full satisfaction, 20% of an administrative citation imposed pursuant to this chapter.
(Ord. 03-23, 2023)
A. 
Ability-to-Pay Determination. Any person issued an administrative citation pursuant to this chapter may request a determination on the person's ability to pay the administrative fine. The person may request an ability-to-pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program.
1. 
The Director or hearing officer shall reduce the fine to 20% of the total if the citee meets either of the following criteria:
a. 
The citee is receiving public benefits under Government Code Section 68632(a); or
b. 
The citee has a monthly income which is 200% or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
B. 
Appeal of Administrative Citation. Any person issued an administrative citation pursuant to this chapter shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in Chapter 1.10 of this code.
1. 
Notwithstanding the provisions of Chapter 1.10 of this code, upon the submission of proof of a valid permit issued by the City pursuant to this chapter, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Section 5.54.140(B)(4).
2. 
If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the hearing officer shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.
3. 
The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
C. 
Appeal of Denial or Revocation of Sidewalk Vending Permit and/or Impoundment.
1. 
Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit revoked by the Director or designee, or has had their sidewalk vending cart, food, equipment, utensils, goods or merchandise (collectively classified as "items") impounded pursuant to this chapter may appeal such determination to the hearing officer, by filing a request for an appeal with the City Clerk, and paying an appeal fee as set by resolution of the City Council, within 21 calendar days of service of the notice of such denial, revocation and/or impoundment. The request for an appeal shall contain, at a minimum, the following:
a. 
The name, current mailing address, and telephone number of the appellant;
b. 
As applicable, the date of denial or rescission by the Director or designee, or the date of impoundment of items by a City official;
c. 
A statement as to all grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and
d. 
The signature of the appellant under penalty of perjury as to the contents of the request for appeal.
2. 
An appeal shall be scheduled for a hearing before the hearing officer within 30 calendar days of the filing of the appeal unless both the appellant and the hearing officer consent to a later date.
3. 
The hearing officer shall give notice in writing to the appellant of the time and location of the appeal hearing. At the hearing, the hearing officer shall review the record of the decision for denial of a Sidewalk Vending Permit or revocation of a Sidewalk Vending Permit by the Director and/or reason for impoundment of items and hear testimony of the appellant, if any, the applicant, and any other interested party. The appeal shall be reviewed and determined on a de novo basis.
D. 
After the hearing, the hearing officer shall affirm, modify, or reverse the original denial or revocation and/or impoundment. When a denial or revocation and/or impoundment is modified or reversed, the hearing officer shall state the specific reasons for modification or reversal. Reversal of impoundment by the hearing officer shall result in the City returning the impounded items (excluding items that are perishable and/or could not be safely stored) back to the appellant within 15 business days. Decisions on appeals shall be rendered within 30 calendar days of the close of the hearing. The hearing officer shall mail notice of a decision to the appellant. Such notice shall be mailed within five working days after the date of the decision to the appellant. The decision of the hearing officer shall be final.
(Ord. 03-23, 2023; Ord. 09-23, 2023)
A. 
Impoundment Authorization. Any City official, including a code compliance officer, police officer, firefighter, fire prevention specialist or examiner may impound a sidewalk vendor's vending cart, food, equipment, utensils, goods or merchandise (collectively classified as "items") used in violation of this chapter pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code and/or any other applicable City, county or state law for any of the following reasons:
1. 
Food displayed, offered, or made available for sale including equipment, or utensils used by a sidewalk vendor without holding a valid and displayed health permit from the Orange County Health Care Agency's Environmental Health Division in violation of county or state law;
2. 
Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items;
3. 
Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable Sidewalk Vending Permit and a City Business License as required by Section 5.54.030(A);
4. 
Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter; and refuses or fails to provide identification, as required by Section 5.54.100(T);
5. 
Operation in violation of this chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a City official;
6. 
Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards;
7. 
Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals;
8. 
Items creating an imminent and substantial danger or environmental hazard to the health, safety or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other machine or device for the producing or reproducing of sound;
9. 
Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this chapter; or
10. 
Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any City, county, state or federal law or regulation excluding this chapter. Such items shall be stored, and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.
B. 
Forfeiture Impoundment Authorization for Repeat Offenders. The City may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this chapter two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation. An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this section.
C. 
Disposal Authorization. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
D. 
Impoundment Period of Items Held by City. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than 30 nor more than 60 calendar days from the date of impoundment.
E. 
Impoundment Notification. Upon impoundment of items under this section, the Director or designee shall do all the following:
1. 
Take responsibility for the storage, documentation, and disposition of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
2. 
Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the City official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken.
3. 
If the City official has knowledge that the person from whom the items were taken is not the owner, the Director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the Director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. 
The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within: (A) 30 days of impoundment pursuant to Section 114393 of the California Health and Safety Code; and/or (B) 60 days of impoundment pursuant to Section 2080.10 of the California Civil Code after the City obtains possession or the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable 30 or 60 days, the person may do one of the following:
i. 
Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
ii. 
Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
iii. 
Notify the City in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the City to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the items within the applicable 30 or 60 days, or have an authorized person retrieve the items, the City shall hold the items for not longer than 10 additional months, after which time the City may dispose of the items in accordance with the disposal provisions of this code or any other applicable county or state law.
b. 
Pursuant to state law the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
F. 
Appeal of Impoundment. An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with Section 5.54.150(C) and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.
G. 
Recovery of Impounded Items and Payment of Impound Fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.
H. 
The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal and impound costs.
I. 
Unclaimed Items. Any unclaimed items will be considered abandoned and forfeited to the City after: (1) 30 days of impoundment pursuant to Section 114393 of the California Health and Safety Code; and/or (2) 60 days of impoundment pursuant to Section 2080.10 of the California Civil Code or any other applicable county or state law.
J. 
The Director is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.
(Ord. 09-23, 2023)