The ordinance codified in this chapter is adopted as an urgency measure pursuant to Government Code Section 36937 for the immediate preservation of the public health, safety, and welfare, and is adopted and justified based on the following findings of the city council, in addition to the recitals referenced above which are true and correct and incorporated fully herein:
A.
The city council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary to avoid negative impacts on the health, safety and welfare of the resident, including, but not limited to, the following:
1.
Proliferation of illegal sales;
2.
Potential public exposure to food-borne illnesses due to unlicensed vendors and unsanitary conditions;
3.
Increase in trash and debris in public rights-of-way;
4.
Overcrowded sidewalks impacting safe pedestrian movement;
5.
Interference to the performance of police, firefighter, and emergency medical personnel;
6.
Disruption to the flow of pedestrian and vehicular traffic including ingress or egress from, any residence, public building, place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles;
7.
Mitigate negative impacts to the flow of pedestrian or vehicular traffic, including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles;
8.
Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services;
9.
Maximize public access to and along the right-of-way;
10.
Reduce exposure to legal liability to the city due to personal injury or claims for damage and litigation due to use of public property; and
11.
Protect adult and minor residents from vendors with certain criminal history and background.
B.
The city council further finds that the unique characteristics of the city require certain area specific restrictions on sidewalk vending as follows:
1.
Pico Rivera Sports Arena. The Pico Rivera Memorial Sports Arena is a multipurpose arena with an approximately six thousand seat capacity that is used for concerts, rodeos, wrestling, boxing, circus, and other similar events ("Sports Arena"). The Sports Arena is located at 11003 Rooks Road, Pico Rivera, California 90660, which is located adjacent to on or near arterial roadways and is adjacent to the Interstate 605 Freeway, a ten-lane freeway. On days of events, there is a heavy vehicular and pedestrian traffic on the adjacent public rights-of-way before, during, and after events. Based on the physical characteristics of the sidewalks adjacent to the Sports Arena, the presence of vendors on sidewalks and pedestrian paths within areas adjacent to the Sports Arena before, during, and after events would obstruct such sidewalks and cause potentially dangerous vehicular conditions causing risk to sidewalk vendors, pedestrians, and motorists who utilize the streets and sidewalks in areas adjacent to the Sports Arena. In order to protect and preserve the general public welfare and safety, the city council determines that it is necessary to prohibit sidewalk vending two hours before, during, and two hours after events at the Sports Arena;
2.
The Civic Center contains the city's emergency operation center, the Pico Rivera sheriff's station, and other critical infrastructure and equipment. Vending restrictions are necessary to ensure that public safety apparatuses are readily accessible and critical infrastructure is maintained and accessible at all times;
3.
Restrictions on sidewalk vending at, in or around parks is necessary to protect the health, safety, and general welfare of those persons engaged in active parks and sports activities as well as spectators of sporting events and park activities;
4.
Many of the sidewalks and pathways in the city are under eight feet wide and sidewalk vending in these areas unreasonably interfere with the flow of pedestrians and disrupt the access for persons with disabilities or decrease safety for users of the city's sidewalks; and
5.
Due to the close interaction between sidewalk vendors and seniors, children, and residents generally, the restrictions placed on sidewalk vending are intended to protect the health, safety, and general welfare of the public, therefore criminal history investigations are necessary to protect the general public.
(Ord. 1130 § 2, 2019)