The purposes of this chapter are:
A.
To establish
a sidewalk vendor permitting and regulatory program in compliance
with Senate Bill 946 (Chapters 459, Statutes 2018), as those statutes
may be amended, while protecting the public health, safety, and welfare;
B.
The
regulation of individuals peddling goods, wares, merchandise, food
or services on public or private property whether by foot, motorized
or nonmotorized vehicles;
C.
To protect
the public health, safety and welfare against unlawful activities
or operations by individuals falsely representing themselves as peddlers
or sidewalk vendors;
D.
To protect
the public health, safety and welfare by regulating negative land
use, public safety, and traffic impacts. These negative impacts include,
but are not limited to:
1.
An
increase in the amount of litter present and visible on both public
and private property in the City,
2.
Disturbing
landscaping in front, side and backyard setbacks when peddlers walk
across private property,
3.
An
increased risk of vehicle accidents and personal injury when peddling
from motorized vehicles,
4.
Invasion
of personal privacy when motorized vehicles remain parked for long
periods of time in front of a person’s home or business,
5.
Disruption
of the peaceful repose of residents when catering trucks or other
motorized or nonmotorized vehicles emit sounds to gain the attention
of potential customers,
6.
An
increased risk of personal injury when carrying products through a
neighborhood and exposing such items to the public for sale,
7.
An
increased risk that the food items or products being offered for sale
in the City are not handled, prepared or stored in sanitary conditions,
8.
Interference
with the performance of police, fire, or other emergency services,
and
9.
Interference
with the flow of pedestrian or vehicular traffic including ingress
to, and egress from, any residence, public building, place of business,
from the street to public sidewalk, or persons exiting or entering
parked or standing vehicles;
E.
To balance
the rights and interests of those engaged in commercial and nonprofit
activities with the rights and interests of those who do not want
to be disturbed by such activities on private and public property;
F.
The
purpose and intent of this chapter is to regulate the sale of goods,
merchandise, wares, food, and non-food items within the City by peddlers
and sidewalk vendors;
G.
To mitigate
hazards posed by commercial signs to pedestrians and motorists, and
to preserve community aesthetics and appearance;
H.
The
City Council finds that the unique conditions of the City of Desert
Hot Springs require certain restrictions on sidewalk vending, as defined
in this chapter, as follows:
1.
The corridor on Palm Drive between Pierson Boulevard and Camino Aventura is a major thoroughfare within the City of Desert Hot Springs that since 2007, has had 12 fatal traffic collisions. This corridor is subject to unique conditions such as increased speed, fewer traffic control devices and bus stops placed in areas not located near a marked crosswalk. The City Council has since established a safety enhancement zone along this corridor pursuant to Chapter 12.28 of the Desert Hot Springs Municipal Code. The effect of this safety enhancement zone designation, among other things, is to double fines for traffic violations. Restrictions on sidewalk vending along this corridor are necessary to protect the public from injury due to the unique circumstances of this corridor,
2.
Since
2003, the City of Desert Hot Springs has experienced an increase in
traffic collisions, involving vehicle vs. vehicle, vehicle vs. bicyclist
and vehicle vs. pedestrian. Between years 2003-2012, there were 18
bicycle collisions and 52 pedestrian collisions that occurred in the
City. In 2016, there were seven fatal traffic collisions and in 2017
there were eight fatal traffic collisions. Restrictions on sidewalk
vending throughout the City of Desert Hot Springs are necessary to
protect the public health and safety from traffic collisions,
3.
Many
of the City’s parks provide recreational opportunities and restrictions
on sidewalk vending are necessary to protect the natural resources,
recreational opportunities, as well as scenic and natural character
of these parks. Restrictions on sidewalk vending at public parks are
necessary to protect the health, safety and welfare of those persons
engaged in recreational activities, the natural character of parks,
and the natural resources of parks.
(Prior code § 120.01; Ord. 682 3-5-19; Ord. 694 10-15-19)
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means one or more purposefully stationary persons, such as
persons in lines or seated in public areas.
means the City of Desert Hot Springs.
means and includes conducting, managing or carrying on of
any such business or helping therewith, by any person in any capacity.
means any liquid or edible product designed for human consumption,
including but not limited to, fruits, vegetables, meats, candy, ice
cream and other milk products, soda pop, juice, beverages and any
other prepared or unprepared edible item.
shall include but is not limited to, any motor vehicle, truck,
car, trailer, conveyance or structure not permanently fixed to a permanent
foundation and which may be moved under its own power, towed by a
motor vehicle, motorcycle or other mobile device.
mean traveling by motorized vehicle, or any other type of
conveyance from place-to-place, house-to-house, or from street-to-street,
carrying, conveying or transporting food products, goods, wares, merchandise,
or food and offering, intending to sell, displaying or soliciting
the same for sale.
means any person, traveling by motorized vehicle or any other
type of conveyance from place-to-place, house-to-house, carrying,
conveying or transporting goods, wares, merchandise, food or food
products and concurrently offering, intending, displaying or soliciting
the same for sale. “Peddler” includes any person, who
travels from place-to-place, selling or offering for sale any goods,
wares, merchandise or food solely from a motorized vehicle. “Peddler”
does not include “sidewalk vendor,” “roaming vendor,”
or “stationary sidewalk vendor” as defined by this chapter.
means a person issued a permit pursuant to this chapter.
means any individual, firm, business, partnership, corporation,
cooperative, company, association, joint stock association, church,
religious sect, religious denomination, society, organization, or
league and shall include any trustee, receiver, assignee, agent, solicitor;
or other similar representative thereof.
mean all of those areas dedicated as public thoroughfares,
including, but not limited to, roadways, parkways, medians, alleys,
sidewalks, public ways and public rights-of-way.
means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
means any action that qualifies a person as a sidewalk vendor.
means a person who sells 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. “Sidewalk vendor” includes
“roaming sidewalk vendor,” and “stationary sidewalk
vendor.”
means a sidewalk vendor who vends from a fixed location.
(Prior code § 120.02; Ord. 682 3-5-19)
A.
No person
shall engage in sidewalk vending within the City without first obtaining
a permit from the City Manager or designee pursuant to this chapter.
B.
Sidewalk
Vendor Permit. To obtain or to renew a sidewalk vendor permit, a sidewalk
vendor must provide to the City a written application, on a form provided
by the City, which shall contain the following information:
1.
The
name, current address, and telephone number of the person applying
to become a sidewalk vendor;
2.
Day(s)
and hours of operation;
3.
Location(s)
of operation within the City;
4.
Description
of the food or merchandise offered for sale or exchange;
5.
Whether
the sidewalk vendor intends to operate a stationary cart or a mobile
cart;
6.
If
the sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal and
any owners of the company, partnership, or corporation;
7.
A
copy of a California’s driver’s license or identification
number, or individual taxpayer identification number. Such information
is not a public record and will remain confidential as required by
Government Code Section 51038(c)(4);
8.
A
copy of a valid California Department of Tax and Fee Administration
seller’s permit, as required by law;
9.
An
acknowledgment that the sidewalk vendor shall comply with all generally
applicable State, Federal, and local laws;
10.
Certification that the information contained in the application is
true to his or her knowledge and belief;
11.
A statement whether or not the applicant, employee or agent has been
convicted of any felony or of any misdemeanor involving injury to
person(s) or property, theft, fraud, or misrepresentation within five
years;
12.
Any other information deemed relevant by the City Manager or designee.
C.
A sidewalk
vendor permit is non-transferrable. Any change in ownership or operation
of a sidewalk vendor requires a new permit under this chapter. All
sidewalk vendor permits issued under this chapter shall expire 12
months from the date of issuance.
D.
The
City Manager or designee shall issue or deny a permit within 30 days
of receipt of a completed application.
E.
A permit
may be denied by the City Manager or designee on any of the following
grounds:
1.
The
applicant, employee or agent has been convicted of a felony or misdemeanor
involving bodily injury to persons, theft, fraud or misrepresentation
within five years preceding the application date;
2.
The
applicant has made a materially fraudulent, misleading or false statement
of fact to the City;
3.
The
applicant has violated any provision of this chapter; or
4.
The
applicant’s permit has been previously revoked as provided in
this chapter.
F.
The City Manager or designee shall notify the applicant of any denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.28.100.
(Prior code § 120.03; Ord. 682 3-5-19)
Except as otherwise provided in Section 5.28.060, it is unlawful for any person to engage in the business of peddling or to go from door-to-door, or house-to-house or street-to-street or place-to-place for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling, without first obtaining a permit and paying the applicable fees as provided in this chapter.
(Prior code § 120.04; Ord. 682 3-5-19)
The following persons and entities shall not be required to obtain the permit required by Section 5.28.040:
A.
Persons
soliciting orders from, or selling to, retail dealers for use, or
for resale or to manufacturers for processing at a fixed place of
business in the City, or elsewhere, and which merchandise has been
ordered to be so delivered, prior to such delivery;
B.
Persons
with a valid permit issued pursuant to this chapter and operating
pursuant to the terms of this chapter.
(Prior code § 120.05; Ord. 682 3-5-19)
A.
The
City’s designee is responsible for granting, denying, revoking,
renewing, suspending, and canceling peddler permits. The City’s
designee shall be the City Manager, or any other officer or employee
designated in writing by the City Manager to deal with and enforce
the provisions of this chapter. An application for a permit must be
made on a form provided by the City.
B.
The
completed application shall contain the following information and
shall be accompanied by the following documents:
1.
Name,
birth date, driver’s license or other identification number,
social security number, and physical description of the applicant;
2.
Permanent
home address and telephone number, and local address and telephone
number of the applicant;
3.
The
name and address for the applicant’s business, his or her interest
in or relationship with such business, and if the applicant is employed,
the name and address of his or her employer together with description
of the exact relationship between the applicant and such employer;
4.
A
brief description of the nature of the applicant’s business
and of the product or service to be peddled;
5.
A
fixed length of time for which the permit to peddle is desired;
6.
A
statement whether or not the applicant, employee or agent has been
convicted of any felony or of any misdemeanor involving injury to
person(s) or property, theft, fraud, or misrepresentation within five
years;
7.
A
statement whether or not the applicant has failed to pay any judgment
arising from or connected with the activities authorized by the permit;
8.
A
statement whether or not the applicant has suffered revocation or
suspension of any permit required by the City of Desert Hot Springs;
9.
A
statement whether or not the applicant has failed to pay any business
license fee or tax imposed by the City of Desert Hot Springs;
10.
A picture (of passport quality) of the applicant and any agent, employee
or representative, who will engage in soliciting or peddling activities,
for inclusion on the identification card;
11.
The vehicle identification number, license plate number and proof
of current registration for the motorized vehicle, if any, which will
be used for peddling in the City;
12.
A copy of or evidence of automobile insurance required under State
law for operating the motorized vehicle, if any, which is identified
in the permit application form;
13.
If the application involves the sale of food, produce, or any other
item intended for human consumption, the applicant must provide valid
health or other permit(s), issued by the appropriate agency, as required
by applicable local, State or Federal law; and
14.
Other information the City Manager or designee deems necessary to
process the application.
C.
The
City Manager or designee shall issue or deny permit within 30 days
of receipt of a completed application.
D.
A permit
may be denied by the City Manager or designee on any of the following
grounds:
1.
The
applicant, employee or agent has been convicted of a felony or misdemeanor
involving bodily injury to persons, theft, fraud or misrepresentation
within five years preceding the application date;
2.
The
application for permit under this chapter contains fraud, misrepresentation
or false statement;
3.
The
applicant has violated the provision of this chapter; or
4.
The
applicant’s permit has been previously revoked as provided in
this chapter.
E.
The City Manager or designee shall notify the applicant of the denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.28.100.
(Prior code § 120.06; Ord. 682 3-5-19)
A.
Display.
Every applicant shall be issued a permit to be carried on person and
exhibited on request by any person to persons they deal with and shall
at all times carry the permit issued hereunder and exhibit it on request
to any police officer or City official.
B.
Transfer
Prohibited. It is unlawful for any person other than permittee to
use or wear any permit issued under the provisions of this chapter.
C.
Hours
of Operation. It is unlawful for any person to conduct any activities
regulated under the provisions of this chapter between 8:00 p.m. and
8:00 a.m.
D.
Waste
Receptacles. No peddler shall sell or offer for sale any food from
a motorized vehicle unless he or she maintains a clearly designated
litter receptacle in the immediate vicinity of the vehicle, marked
with a sign requesting use by patrons. Prior to leaving the location,
the peddler shall pick up, remove and dispose of all trash or refuse
which consists of materials originally dispensed by the peddler, including
any packages or containers, or parts thereof, used with or for dispensing
such food.
E.
Manner
of Peddling.
1.
No
peddler shall peddle goods, merchandise, wares or food by sitting,
standing or walking on a public sidewalk or street or upon a median
or grassy embankment within a public sidewalk, public street or public
right-of-way, and in no case shall a peddler stand or park any motorized
vehicle for the purposes of peddling or selling from such vehicle
on any privately-owned property. This does not include sitting or
standing in a motorized vehicle which is lawfully parked on a public
street and from which the peddler has a permit.
2.
No
peddler shall stand or park any motorized vehicle for more than 30
minutes without moving to a new location at least 300 feet removed
therefrom and may not return to a location where the peddler has stopped
to peddle within the previous two hours.
3.
No
peddler shall park or stand a motorized vehicle used for peddling
in a manner which causes a hazard to vehicular or pedestrian traffic
by creating conditions that impede the flow of vehicular or pedestrian
traffic or create conditions of imminent harm to vehicular or pedestrian
traffic or other vehicles and pedestrians.
4.
No
peddler shall persistently peddle any goods, merchandise, wares or
food to any member of the public after such member of the public expresses
his or her desire not to purchase anything from the peddler.
5.
No
peddler shall intentionally or deliberately obstruct the free movement
of any person on any public sidewalk, public street, public right-of-way
or in any public place.
6.
No
peddler shall peddle any items to a captive audience.
7.
No
peddler shall threaten any injury or damage to any person who declines
to purchase any items being peddled, if such threat, whether by word
or gesture, would make a reasonable person fearful.
8.
No
peddler shall peddle or attempt to peddle to the occupants of vehicles
standing or moving upon any public street or highway. Nothing in this
section shall be construed to prohibit peddling to the occupants of
any vehicle that is lawfully parked.
9.
No
peddler shall park or stand the motorized vehicle in violation of
any conditions included in the permit issued pursuant to this chapter.
10.
No peddler shall peddle from any motorized vehicle which has not
been identified in the application.
11.
No peddler shall stop, stand or park any motorized vehicle in violation
of any provision of the California Vehicle Code or the City of Desert
Hot Springs Municipal Code.
12.
No peddler shall peddle any food unless the items being sold comply
with all applicable food labeling requirements established by the
State of California and the peddler has all required permits, including,
without limitation, health permits, to sell such items.
13.
No peddler shall peddle any goods from any motorized vehicle which
does not have insurance as required under State law for operating
the motorized vehicle.
F.
Activities Creating Nuisance. No peddler, in the course of activities regulated in this chapter, shall create any public nuisance, cause a noise disturbance as defined in Chapter 8.12 of this Code, or any other actions constituting a public nuisance.
G.
Compliance
with Law. This chapter may not be the sole source of regulation of
the activities permitted under this chapter. Permittees shall comply
with all State and Federal laws and all local ordinances.
(Prior code § 120.07; Ord. 682 3-5-19; Ord. 757 6-7-22)
All applications for permits under the provisions of this chapter
shall be accompanied by an application fee established by resolution
of the City Council. No application fee paid under this chapter shall
be refunded. All original permits and renewals granted under this
chapter shall also require a fee. All permits issued under the provisions
of this chapter shall be valid for one year. A permit may be renewed
by the timely payment of a renewal fee prior to the expiration of
the permit. All permits shall cease and terminate 30 days after the
default of payment. Any permit that has terminated pursuant to this
chapter shall require the filing of a new application for a permit
under this chapter.
(Prior code § 120.08; Ord. 682 3-5-19)
A.
No sidewalk
vendor’s activities, materials, or customers may obstruct the
free movement of any person on any public right-of-way or other public
place, or any place open to the public generally. Additional restrictions
include the following:
1.
Sidewalk
vendors must at all times maintain a clearance of not less than 36
inches on all sidewalks so as to enable persons to freely pass while
walking, running, or using mobility assistance devices.
2.
Sidewalk
vendors must maintain all food and merchandise stored either inside
or affixed to the vending cart or carried by the sidewalk vendor at
all times.
3.
Vending
carts shall not touch, lean against or be affixed at any time to any
building or structure, including, but not limited to, poles, signs,
trees, lampposts, parking meters, mailboxes, traffic signals, fire
hydrants, benches, bus shelters, newsstands, trashcans or traffic
barriers, or other objects on public property or in the public right-of-way.
4.
No
sidewalk vendor may operate within 50 feet of any school crossings.
5.
No
sidewalk vendor may operate within 30 feet of the Desert Hot Springs
Senior Center.
6.
No
sidewalk vendor may operate within 30 feet of any crosswalk.
7.
Sidewalk
vendors are prohibited from operating on any private property whatsoever
in any zone within the City. This includes, but is not limited to,
private parking lots and landscaped areas.
8.
No
sidewalk vendor may operate on or along the Palm Drive corridor between
Pierson Boulevard and Camino Aventura.
9.
No
sidewalk vendor may operate on or along the Palm Drive between Park
Lane and Paul Road.
10.
No sidewalk vendor may operate on or along any street where the speed
limit is posted at 55 miles per hour or above.
11.
No sidewalk vendor may operate within one block in any direction
of any signalized intersection of the Palm Drive corridor between
Pierson Boulevard and Camino Aventura.
12.
No sidewalk vendor may operate within 200 feet of any other sidewalk
vendor.
13.
No sidewalk vendor may operate within 25 feet of a litter receptacle,
bike rack, or restroom.
14.
No sidewalk vendor may operate within 15 feet of a fire hydrant,
fire call box, police call box, traffic signal controller, or streetlight
controller.
15.
No sidewalk vendor may operate within three feet of a red curb.
16.
No sidewalk vendor may operate within 25 feet of a bus stop, trolley
stop, taxi stand, bus bench, or bus shelter.
17.
No sidewalk vendor may operate within 200 feet of a police station
or fire station.
18.
No sidewalk vendor may operate within 200 feet of any City building
or facility.
19.
No sidewalk vendor may operate within one foot from the curb.
20.
No sidewalk vendor may operate within 10 feet of a driveway or driveway
approach.
B.
No sidewalk
vendor may impede the flow of vehicular traffic or parking, such as
on public streets or public highways.
C.
No sidewalk
vendor may impede any police officer, firefighter, or emergency medical
personnel who are actively performing their duties or providing services
to the public.
D.
A sidewalk
vending permit does not provide an exclusive right to operate within
any specific portion of the public right-of-way.
E.
Every
sidewalk vendor must prominently display their City-issued sidewalk
vending permit on the street side portion of their pushcart, stand,
display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized
conveyance when operating in the public right-of-way.
F.
Sidewalk
vendors shall have the following limitations on hours of operation:
1.
Nonresidential
Areas. Sidewalk vending hours’ limitations in areas zoned for
nonresidential use will be as restrictive as any limitations on hours
of operation imposed on other businesses or uses on the same street,
excluding those permitted to operate 24 hours a day. If a street only
has businesses that operate 24 hours a day, then the sidewalk vendor’s
hours shall be limited to between 7:00 a.m. and 6:00 p.m.
2.
Residential
Areas. Roaming sidewalk vendors shall not operate within residential
zones between the hours of 8:00 p.m. and 9:00 a.m.
G.
Stationary
sidewalk vendors are prohibited from operating in areas that are zoned
exclusively residential.
H.
A sidewalk
vendor is prohibited from operating within 500 feet of a permitted
certified farmers’ market, a permitted swap meet, or any area
subject to a temporary use permit for the duration of the permit.
I.
No sidewalk
vendor may vend to customers in any vehicle whatsoever, either parked
or moving.
J.
Stationary
sidewalk vendors shall not sell food or merchandise or engage in any
sidewalk vending activities:
K.
No sidewalk
vendor shall take any action constituting a public nuisance under
the Desert Hot Springs Municipal Code.
L.
No sidewalk
vendor shall interfere in any way with anyone engaged in a recreational
activity or in a playground, and shall not approach spectators who
are watching a recreational activity to sell food or merchandise.
M.
Notwithstanding
any other provision of this Code, sidewalk vendors may erect signs
in the following manner:
1.
Professionally
designed signs permanently affixed to a canopy cover, pushcart, stand,
display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized
conveyance. Professionally designed sign means composed of vinyl lettering
or similar design and material. No other signs are permitted.
N.
Penalties.
Sidewalk vending in violation of this section shall not be punishable
as a criminal infraction or misdemeanor, but shall be subject to an
administrative citation as follows:
1.
Every
person vending without a sidewalk vendor permit is guilty of an administrative
violation punishable by an administrative fine not to exceed:
O.
Failure to pay an administrative fine under subsection N is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed.
P.
Revocation
of Permits. The City Manager or designee may revoke a permit issued
under this chapter for any of the following reasons:
Q.
Emergency Suspension. Where the conduct or the activity of the sidewalk vendor creates an imminent peril to the public health or safety, a permit issued pursuant to this chapter may be summarily suspended upon notice to the sidewalk vendor, provided that the sidewalk vendor shall be entitled to a hearing within three days thereafter and any emergency suspension shall not exceed 15 days pending a hearing conducted pursuant to Section 5.28.100.
(Ord. 682 3-5-19; Ord. 694 10-15-19; Ord. 734 5-4-21; Ord. 737 5-18-21)
A.
Peddler
permits issued under the provisions of this chapter may be revoked
by the City Manager or designee at any time for any of the following
causes:
1.
Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of the application pursuant to Section 5.28.060;
2.
The
applicant engages in fraud, misrepresentation or false statement in
the course of engaging in the business of peddler;
3.
Any
violation of the provisions of this chapter;
4.
Conviction
of any felony or misdemeanor involving injury to person(s) or property,
theft, fraud or misrepresentation;
5.
The
permittee engages in business of peddling 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, or
to constitute public nuisance pursuant to City of Desert Hot Springs
Municipal Code or the State law.
B.
The City Manager or designee shall notify the permit holder of a revocation of a peddler permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 5.28.100.
(Prior code § 120.09; Ord. 682 3-5-19)
A.
Decisions
of the City Manager or designee to revoke or deny a permit shall be
appealed in the following manner:
1.
Appeals
shall be filed within 15 calendar days of service of the City Manager
or designee’s notice of the decision.
2.
Appeals
of decisions shall be made in writing on forms provided by the City.
3.
Decisions
that are appealed shall not become effective until the appeal is resolved.
4.
All appeals of decisions shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or any successor section.
5.
The
decision of the Hearing Officer shall be final.
B.
Administrative
citations shall be appealed in the following manner:
1.
Any
recipient of an administrative citation may request an ability-to-pay
determination, contest that there was a violation of the Desert Hot
Springs Code, and/or that he or she is the responsible person, by
completing a request for hearing in a form provided by the City. Any
person requesting a hearing and ability-to-pay determination may file
the request within the time frames set forth in Government Code Section
51039(f)(1), or any successor section.
2.
All appeals of administrative citations shall be heard by a Hearing Officer designated pursuant to Section 4.24.250 of the Desert Hot Springs Municipal Code, or any successor section.
4.
The Hearing Officer shall have the powers set forth in Sections 4.24.250 and 4.24.260 of the Desert Hot Springs Municipal Code, or any successsor section, and the Hearing Officer shall have the following additional powers:
a.
Reduce the fine based upon the person’s ability to pay the
fine;
b.
If the Hearing Officer finds the person meets the criteria described
in subdivision (a) or (b) of Government Code Section 68632, or any
successor section, the Hearing Officer shall order the City to accept,
in full satisfaction, 20 percent of the administrative fine imposed
pursuant to this chapter;
c.
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.
5.
The
decision of the Hearing Officer shall be final.
(Prior code § 120.10; Ord. 682 3-5-19; Ord. 695 10-15-19)
A.
A violation related to sidewalk vending will be subject to the applicable penalties under Section 51039 of the Government Code and Section 5.28.085 of the Desert Hot Springs Municipal Code as they may be amended from time to time. For all other violations of this chapter, any first violation shall be an infraction. Any subsequent violation shall be a misdemeanor.
B.
Public
Nuisance. Any violation of this chapter, other than pertaining to
sidewalk vending, shall be and is hereby declared to be unlawful and
a public nuisance. Violations may be prosecuted civilly or criminally
and are subject to all applicable penalties of the Desert Hot Springs
Municipal Code, in addition to any other applicable penalties or remedies
prescribed by law.
(Prior code § 120.12; Ord. 682 3-5-19)
Any person who violates any provision of this chapter shall
be guilty of a separate offense for each and every day during any
portion of which any such person commits, continues, permits, or causes
a violation thereof, and shall be penalized accordingly.
(Prior code § 120.13; Ord. 682 3-5-19)
