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)
For the purpose of this chapter, the words, terms, and phrases
shall be defined as set forth herein, unless the context clearly indicates
a different meaning is intended. Words, terms, and phrases used in
this chapter that are not specifically defined shall be construed
according to their context and the customary usage of the language.
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agriculture
Code and any regulations adopted pursuant to that chapter.
"Civic Center" or City Hall
means the buildings, facilities, and parking areas located
at 6615 Passons Blvd., Pico Rivera, CA 90660, including the Pico Rivera
Station and the appurtenant parking lots.
"Director"
means the director of community and economic development
department, or designated representative.
"Fire station"
means any facility where fire engines and other emergency-related
equipment of the city of Pico Rivera or the Los Angeles County fire
department are housed.
"Merchandise"
means any item(s) that may be sold and immediately obtained
from a sidewalk vendor, which is not considered food.
"Park"
means public parks owned and/or controlled by the city of
Pico Rivera.
"Parkway"
means that portion of a street or highway, other than the
roadway or the sidewalk, and is generally identified as the space
between the street and the sidewalk, or street medians.
"Pathway"
means a paved path or walkway owned by the city or other
public entity that is specifically designed for pedestrian travel,
other than a sidewalk.
"Public property"
means all property owned or controlled by the city, including,
but not limited to, buildings, parks, pathways, parkways, sidewalks,
roadways, streets, and parking lots.
"Residential"
means any area zoned exclusively as residential in Title
18 of the Pico Rivera Municipal Code, or is designated exclusive for
residential use as part of a conditional use permit, planned development
permit, specific plan, residential overlay district, or equivalent.
"Roadway"
means that portion of the street which is improved, designed,
or ordinarily used for vehicular travel.
"Roaming sidewalk vendor"
shall mean a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
"Sheriff's department"
means the Los Angeles County sheriff's department or applicable
law enforcement agency.
"Sheriff's station"
means any facility located in the city where county of Los
Angeles sheriff's vehicles and other equipment are housed.
"Sidewalk"
means that portion of the highway or street other than the
roadway or parkway, set apart by curbs, barriers, markings, or other
delineation which is used principally for pedestrian travel.
"Sidewalk vendor"
shall mean a person who vends 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, or such other meaning of such term
as may be ascribed by
Government Code Section 51036(a) from time to
time.
"Sidewalk vendor activities" or "sidewalk vending activity"
means actions that qualify a person as a sidewalk vendor
or actions done in or upon public rights-of-way in anticipation of
becoming a sidewalk vendor such as, but not limited to, placement
or maintenance of any sidewalk vendor facilities.
"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 article.
(Ord. 1130 § 2, 2019)
Notwithstanding this chapter and any provisions of the Pico
Rivera Municipal Code, it is unlawful for any person to engage in
sidewalk vending activities within the following locations or areas
within the city:
A. Any
public property that does not meet the definition of a sidewalk or
pathway, including, but not limited to, any roadway, street, alley,
or parking lot.
B. Within
any area zoned for residential purposes, provided that roaming sidewalk
vending activities operated in compliance with this ordinance shall
not be prohibited.
C. Within
one thousand feet of the Sports Arena three hours before, during,
or three hours after an event.
D. Within
five hundred feet of the following:
1. An
area designated for a temporary special permit issued by the city,
provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the
city's temporary special permit are also provided to a sidewalk vendor
permitted to operate in the area, if applicable. For purposes of this
paragraph, a temporary special permit is a permit issued by the city
for the temporary use of, or encroachment on, the sidewalk or other
public area, including, but not limited to, an encroachment permit,
special event permit, or temporary event permit, for purposes, including,
but not limited to, filming, parades, festivals, or outdoor concerts.
A prohibition on sidewalk vendor activities pursuant to this paragraph
shall only be effective for the duration of the temporary special
permit;
2. Civic
Center, City Hall, a sheriff's station, or a fire station;
3. Any
public or private school, or a large or general child day-care facility,
between the hours of six a.m. and six p.m.;
4. Any
place of assembly or worship, between one hour before and one hour
after scheduled event or presentation times;
5. An
area designated for a permitted certified farmers' market during the
limited operating hours of that certified farmers' market; or
6. Any
sheriff's or police officer, firefighter, or emergency medical personnel
who are actively performing their duties or providing services to
the public.
E. Within
fifty feet of any public picnic area, playground area or playground
equipment; or any public community center, athletic field, softball/baseball
diamond, basketball court, handball court, pickleball court, tennis
court, soccer field, or volleyball court; public restroom; or another
sidewalk vendor.
F. Within
ten feet of a marked crosswalk; the curb return of an unmarked crosswalk;
fire hydrant, fire call box, or other emergency facility; bus bench;
transit or bus shelter; driveway or driveway apron; curb which has
been designated as white, yellow, green, blue, or red zone; ATM or
other vending machine; any driveway; or entrance or exit to a building,
structure or facility; or bike rack.
G. Within
ten feet ahead, and forty-five feet to the rear, of a sign designated
a bus stop.
H. Within
five feet of an area improved with lawn, flowers, shrubs, trees, or
street tree wells; or an outdoor dining or patio dining area.
I. Stationary
sidewalk vendors shall not engage in any sidewalk vending activities:
(1) on any sidewalk or pathway that is not a minimum width of eight
feet; or (2) at any park where the city has signed an agreement for
concessions that exclusively permits the sale of food or merchandise
by a concessionaire.
J. In or
on the median of any street, road, or highway.
K. In or
immediately adjacent to any area designed for parking, bus zones,
stopping, or loading; or in any location where the sidewalk vending
receptacle blocks manholes, utility access points, and/or vents.
L. In any
location which the location of the sidewalk vending receptacle, or
the operation of sidewalk vending activities, would result in or cause
a violation of applicable law, including, but not limited to, the
Americans with Disabilities Act.
M. Notwithstanding
any specific prohibition in this ordinance, any location or area where
the operation of sidewalk vending activities creates a reasonably
foreseeable danger to the safety of persons or property.
(Ord. 1130 § 2, 2019)
Each application for a sidewalk vendor permit, and each application
for an annual renewal of a sidewalk vendor permit, shall be accompanied
by a non-refundable applicable fee, or non-refundable application
renewal fee, as applicable, each in an amount established by resolution
of the city council.
(Ord. 1130 § 2, 2019)
Violators of this chapter shall not be prosecuted as infractions
or misdemeanors and shall only be punished by the following administrative
citations and revocation structure:
A. Except
as otherwise provided in this chapter, any violation of this chapter
shall be subject to administrative fines in the following amounts:
1. An
administrative fine not exceeding one hundred dollars for a first
violation;
2. An
administrative fine not exceeding two hundred dollars for a second
violation within one year of the first violation; and
3. An
administrative fine not exceeding five hundred dollars for each additional
violation within one year of the first violation.
B. If any
person violates any portion of this chapter and cannot present proof
of a valid permit, the sidewalk vendor shall be assessed administrative
fines in the following amounts:
1. An
administrative fine not exceeding two hundred fifty dollars for a
first violation;
2. An
administrative fine not exceeding five hundred dollars for a second
violation within one year of the first violation; and
3. An
administrative fine not exceeding one thousand dollars for each additional
violation within one year of the first violation.
C. Upon proof of a valid permit issued by the city, the administrative fines set forth in subsection
B shall be reduced to the administrative fines set forth in subsection
A.
D. Notwithstanding
the foregoing, the director, or hearing officer on appeal, may allow
a person to complete community service in lieu of paying the total
administrative fine, may waive the administrative fine, or may offer
an alternative disposition for violations of this subsection.
(Ord. 1130 § 2, 2019)