(a)
The purpose of this chapter is to establish a sidewalk vendor
permitting and regulatory framework. The provisions of this chapter
allow the city to encourage small business activities by removing
total prohibitions on sidewalk vending and providing regulation and
enforcement of unpermitted vending activities to protect the public
health, safety, and welfare. The city council hereby finds that, to
promote the health, safety and welfare, restrictions on sidewalk vending
are necessary for the following reasons:
(1)
Ensure no interference with the performance of public safety
officers including police, firefighter, security, and emergency medical
personnel services.
(2)
Ensure no interference with 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.
(3)
Ensure no interference with barriers (bollards, vehicles, cement,
or water) designed to stop vehicles and prevent injury to people.
(4)
Provide reasonable access for sidewalk vending activities in
portions of the city while preserving the use and maintenance of sidewalks,
pathways, poles, posts, traffic signs or signals, hydrants, restrooms,
trash receptacles, firefighting apparatus, mailboxes, public benches
and/or planters, as well as access to locations used for public transportation.
(5)
Reduce exposure to the city for personal injury or property
damage claims and litigation.
(6)
Ensure the safe sale of food and merchandise in the public right-of-way,
by providing a practical way to ensure sidewalk vendors prepare food
safely and according to CalCode and the Orange County Department of
Public Health requirements.
(7)
Prevent unsanitary conditions and ensure trash and debris in
the areas vending is taking place are removed by sidewalk vendors.
(8)
Ensure that visibility, sight lines, and accessibility for vehicular
and pedestrian traffic on sidewalks and other rights-of-way are protected
while accommodating sidewalk vendor equipment.
(9)
Protect 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.
(Ord. O-2023-04, 11/21/2023)
For purposes of this chapter, the following words and phrases
shall have the following meanings. Whenever any words or phrases used
herein are not defined, but are defined in the California Health and
Safety Code, Business and Professions Code, or the Vehicle Code, such
definitions shall apply. If a term or phrase is not defined in this
part, or elsewhere in this code, the most common dictionary definition
is presumed to be correct.
means a nearby sanitary standalone sink facility to satisfy
the County Health Department requirement of having four sinks attached
to the vending cart or stand.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, compact mobile food operation or other nonmotorized
conveyance used for sidewalk vendor activity.
shall be as defined in Section 27512 of the California Health
and Safety Code.
means any building and the abutting parking lot(s) which
is owned or occupied by the city of Placentia or any of its departments
and which is used for public purposes.
means all property owned or controlled by the city of Placentia,
including, but not limited to, buildings, alleys, parks, pathways,
streets, parking lots, sidewalks, and walking trails.
means the area in the city of Placentia where City Hall is
located.
is a mobile food facility that operates from an individual
or from a pushcart, stand, display, pedal-driven cart, wagon, showcase,
rack, or other nonmotorized conveyance. Such an operation would be
restricted to limited food preparation. In certain circumstances operators
are not required to obtain a health permit from the local health department.
means the development services director or a designee selected
to make determinations pertaining to this chapter. In the event that
the development services director position is not filled, the highest
ranking official in the community services department will be responsible
for making determinations or selecting a designee.
means any facility where fire engines and other equipment
of the Orange County Fire Authority are housed.
means any item provided in Health and Safety Code Section
113781, or any successor section.
means cookies sold by the Girl Scouts of America to support
Girl Scout councils and individual troops. They are sold door-to-door,
or at cookie booths set up on sidewalks or storefronts.
includes items and products of every kind and description,
including all foods, produce and beverage items. "Services" of any
kind are not included in the definition of goods and/or merchandise.
is the contractor hired by the city of Placentia to impartially
consider appeal requests and decide on the outcome of appeals.
for purposes of a compact mobile food operation facility,
means both equipment that is permanently attached to the primary unit
and equipment that is securely fastened to the primary unit. The purpose
is to allow for the construction of modular carts with flexible cooking
uses, carts that can be disassembled for transportation and cleansing,
and carts that incorporate already existing and approvable equipment
that can be securely fastened to a cart without being permanently
welded to the primary unit.
means a business operated by minors under the age of 16,
from a stand, which may be a folding table, in front of the minor's
residence.
means permitted food preparation activities "in the field"
rather than at a commissary, to include such activities as: (1) slicing
and chopping of non-potentially hazardous fruits and vegetables; (2)
pre-cooking food in an approved kitchen and "hot-holding" or "cold-holding"
that food prior to service from a vending cart; (3) re-heating food
that was previously prepared in an approved kitchen.
shall have the same definition as that set forth in California
Health and Safety Code Section 11018. "Marijuana" shall include: "cannabis"
as defined in California Business and Professions Code Section 19300.5
(f); "cannabis concentrate" as defined in California Business and
Professions Code Section 19300.5 (g); "edible cannabis product" as
defined in California Business and Professions Code Section 19300.5(s).
Marijuana means both medical marijuana and non-medical marijuana.
means any tangible personal property that can be sold and
immediately obtained from a sidewalk vendor, excluding food. Items
for rent shall not be considered merchandise. Merchandise excludes
any service or services.
means each and every park, recreation center, sporting field,
hiking trail, walking track, garden, barbecue, picnic area, and every
other recreation facility owned, managed and/or controlled by the
city of Placentia and under the jurisdiction of the director of community
services including parking lots attached thereto.
means that portion of a public street which is not improved
for actual street, curb, gutter, or sidewalk use, and which is available
for planting, landscaping, and maintaining street trees.
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.
means and includes all person or persons, domestic and foreign
corporations, limited liability company, associations, syndicates,
joint stock corporations, partnerships of every kind, clubs, Massachusetts
Trust, business or common law trusts, societies, and individuals transacting
and carrying on any business in the city.
means any facility where police vehicles and other equipment
of the city police department are housed.
means that if a compact mobile food operation is not handling
raw meat on site, the sidewalk vendor is exempt from the three-compartment
ware washing sink requirement, allowing the operator to carry spare
utensils as an alternative. Also, the operator is exempt from the
requirement of having a water heater, which therefore allows these
small facilities to operate with a smaller integral water tank.
means a food handler's card from the County Health Department
required for operation of a compact mobile food operation, otherwise
known as the standard food safety knowledge requirement for restaurant
employee and other workers in the food retail industry. In most cases,
the food handler's card can be obtained on-line.
means any area zoned or used exclusively as residential in
the city of Placentia. This includes the public sidewalk of residential
streets, directly adjacent to residential zoning.
means a sidewalk vendor who moves from place-to-place and
stops only to complete a transaction.
is any form of labor that does not require the transfer of
tangible personal property, such as food, merchandise, and goods.
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, placement, or maintenance of any cart.
means a person(s) who sells food or merchandise from a cart,
compact mobile food operation or from one's person, upon a sidewalk,
pathway or park.
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, markings, or other delineation specifically
designed for pedestrian travel and that is owned by the city or other
public entity, excluding any parkway.
means any event permitted pursuant to Section 23.81.015 (Special events) of the Placentia Municipal Code.
means standardized blueprints for vending carts, stands,
racks, and other facilities designed for use as a compact mobile food
facility, that have been pre-approved by the County Health Department.
means a sidewalk vendor who vends from a fixed location.
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.
means the sale or offering for sale of any goods or merchandise
to the public from either a sidewalk vendor or a vehicle (food truck).
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, compact mobile food operation or other nonmotorized
conveyance used for vending, that is not a vehicle as defined in the
California Vehicle Code.
(Ord. O-2023-04, 11/21/2023)
(a)
No person, either for themselves or any other person, shall
engage in any sidewalk vendor activities within the city without first
applying for and receiving a sidewalk vendor permit from the development
services director. Each person engaged in sidewalk vending shall have
a permit notwithstanding that another person with a permit may own
the sidewalk vending cart.
(b)
A written application for a sidewalk vendor permit shall be
filed with the development services director on a form provided by
the city. Such application shall be accompanied by a nonrefundable
application fee in such amount as established by resolution of the
city council. Any such permit shall be required to be renewed annually
in conjunction with the business license and a separate nonrefundable
application fee paid annually for such renewal application. Sidewalk
vendor permit(s) are non-transferable and any change in ownership
or operation of cart requires a new permit.
(c)
The written application shall include the following information:
(1)
An address where the applicant consents to receive service of
process. An acceptable address for this purpose shall include a post
office box or private mailbox that complies with paragraph (2) of
subdivision (b) of Business and Professions Code Section 17538.5.
(2)
A schedule of the applicant's proposed hours of operation,
items of sale, area/locations of operation and whether applicant intends
to operate as a stationary or roaming sidewalk vendor.
(3)
The number and description or photograph of all vending equipment, (including evidence of county department of health approval of such equipment, if required), information identifying the approved kitchens for food preparation and location where cart will be stored pursuant to Section 8.10.100, and signs, or other means of advertisement proposed to be used.
(4)
For all food vending applications, evidence of a permit from
the county health department for the sale of food or beverages, as
may be required. A county health permit may not be required in certain
circumstances for sidewalk vendors and other compact mobile food,
whose operations are less than 25 square feet or less of display area
that sells only bagged snacks, cans of soda, bottled water, whole
fruits and vegetables, canned goods that do not need to be refrigerated,
and other similar foods. However, a food handler's card is required.
(Reduced Testing Requirements).
(5)
Evidence of commercial general liability insurance and an acknowledgement
that the sidewalk vendor will maintain this insurance throughout the
duration of any sidewalk vendor permit issued under this chapter.
Such general liability insurance shall provide or be endorsed to provide
that the city and its officers, officials, employees, agents, and
volunteers shall be additional insureds under such policies. This
provision shall also apply to any excess/umbrella liability policies.
Vendor agrees to oblige its insurance agent or broker and insurers
to provide to the city with 30 day written notice of cancellation
(except for nonpayment for which a 10 day notice is required) or nonrenewal
for each required coverage.
(6)
Copy of a United States or California State issued identification
with photo identification, and taxpayer identification number.
(7)
A California seller's permit number pursuant to Section
6067 of the Revenue and Taxation Code that designates "City of Placentia"
as a location or sublocation.
(8)
An agreement by the sidewalk vendor to defend, indemnity, 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, attorney's 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, attorney's fees, and other expenses incurred in connection
with such claim, action, or proceeding whether incurred by the permittee,
city, and/or the parties initiating or bring such proceeding.
(9)
An acknowledgement that use of public property is at the sidewalk
vendor's own risk, and the city does not take any steps to ensure
public property is safe or conducive to the sidewalk vending activities.
(10)
Any other relevant information required by the director, or
the director's designee.
(Ord. O-2023-04, 11/21/2023)
The provisions of this chapter shall not be applicable to or
deemed to prohibit:
(1)
The vending of lemonade by minors under the age of 16, from
stands in front of their residence.
(2)
The vending of girl scout cookies in the city in neighborhoods
to support the Girl Scouts, a non-profit charitable organization.
(Ord. O-2023-04, 11/21/2023)
(1)
The development services director will issue the sidewalk vendor
permit if they find, based on all of the relevant information, that:
(A)
The conduct of the sidewalk vendor will not unduly interfere
with traffic or pedestrian movement, or endanger the public health,
safety or general welfare or encourage loitering.
(B)
The conduct of the sidewalk vendor will not unduly interfere
with normal governmental, public safety, or city operations, 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 sidewalk vendor.
(C)
The conduct of such sidewalk vending activity will not constitute
a fire hazard.
(D)
The sidewalk vendor has paid all previous administrative fines,
completed all community service, and completed any other alternative
disposition associated in any way with a previous violation of this
chapter.
(E)
The sidewalk vendor has not had an individual or business permit
or license with any agency, board, city, county, territory, or state
denied, revoked, restricted, or suspended within the last five years.
(F)
The sidewalk vendor application contains all required information,
and the Sidewalk Vendor has not made a materially false, misleading,
or fraudulent statement of fact to the city in the application process.
(G)
The sidewalk vendor has paid the business license tax pursuant to Placentia Municipal Code Section 6.04.030 and produced evidence of a California seller's permit.
(H)
The sidewalk vendor's cart and proposed activities conform
to the requirements of this chapter.
(I)
The sidewalk vendor has provided adequate insurance to protect
the city from liability associated with sidewalk vendor activities,
as determined by the city risk manager.
(J)
The sidewalk vendor has not been convicted of any misdemeanor,
which is sexual in nature or involving moral turpitude or of any felony
within five years of the date of application submittal.
(K)
The sidewalk vendor has satisfied all requirements of this chapter.
(Ord. O-2023-04, 11/21/2023)
(a)
If the development services director finds that the requirements set forth in Section 8.10.040 have not been met, he or she shall deny the application for the sidewalk vendor permit. The development services director shall provide written notice of such denial specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or three days following the date the notice is deposited in the United States mail with postage prepaid and addressed to the sidewalk vendor at the residence address set forth in the application for the permit.
(b)
No person whose permit is denied shall be eligible to apply
for a new sidewalk vendor permit for a period of one year following
such denial. The date of denial shall be the expiration of the appeal
period.
(Ord. O-2023-04, 11/21/2023)
(a)
Any sidewalk vendor permit may be revoked by the development
services director for good cause shown including, but not limited
to, any of the following reasons:
(1)
Falsification of any information supplied by the sidewalk vendor
upon which issuance of the permit was based.
(2)
Failure of the permittee, or any employees or subcontractors
of the permittee, to comply with the regulations set forth in this
chapter or the requirements of the California Retail Food Code (Health
and Safety Code).
(3)
A threat or harm to public health, safety or welfare resulting
from sidewalk vending activity of the permittee, including, but not
limited to, County Health Department citations/complaints due to food
borne illness stemming from sidewalk vendor and failure to comply
with the California Retail Food Code (Health and Safety Code).
(4)
Upon a fourth violation or a subsequent violation of any requirement
of this chapter.
(b)
Notice of intent to revoke a sidewalk vending permit, with any
and all specific grounds for revocation, shall be served in writing
not less than 30 calendar days before revocation to the address listed
in the application or to any subsequent address provided to the city
by the permittee. The notice shall include a date, time, and address
for a hearing before the development services director where the sidewalk
vendor permittee shall have the opportunity to present evidence as
to why their permit should not be revoked.
(c)
No sidewalk vendor whose permit is revoked shall be eligible
to apply for a new permit until the expiration of the term of the
rescinded permit.
(Ord. O-2023-04, 11/21/2023)
(a)
Any person whose application for a sidewalk vendor permit has
been denied or revoked may appeal such decision by filing a written
notice of appeal with the city clerk within 10 days following the
date of service of the decision and payment of the appeal fee, which
fee shall be established by resolution of the city council. The date
of filing shall be the date the city clerk receives the notice and
appeal fee. The notice of appeal shall fully set forth the grounds
upon which the appeal is based.
(b)
Upon receipt of a timely appeal, a hearing officer shall hear
such appeal within 20 days following the date of filing such appeal
and shall give the appellant not less than five days advance notice
of the date of such hearing. The decision of the hearing officer shall
be based upon the criteria set forth in this chapter. The appellant
shall be notified of the decision of the hearing officer by mailed
written notice. The decision of the hearing officer shall be final.
No revocation or denial of a permit pursuant to this section shall
be deemed final or effective during the pendency of a timely filed
appeal until the date of mailing of the hearing officer's decision
affirming such revocation or denial; provided, however, no permit
holder shall operate during any period of time in which the insurance
coverage required by this chapter is not in full force and effect.
(Ord. O-2023-04, 11/21/2023)
Every sidewalk vendor is subject to the following operating
conditions when conducting sidewalk vending activities:
(1)
All food and merchandise shall be stored either inside or affixed
to the cart or carried by the sidewalk vendor. Food and merchandise
shall not be stored, placed, or kept on any public property. If affixed
to the cart, the overall space taken up by the cart shall not exceed
the size requirements provided in this section.
(2)
The business license, California seller's permit and vendor
permit shall be displayed conspicuously at all times on the cart or
the sidewalk vendor. If multiple sidewalk vendors are staffing a cart
each person shall obtain and wear his or her vendor permit on their
person in a conspicuous manner.
(3)
Sidewalk vendors shall not leave their cart unattended.
(4)
All signage and advertising related in any way to the sidewalk vendor shall be stored either inside or affixed to the cart. Signage and advertising shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the cart shall not exceed the size requirements provided in this section. Signage shall also comply with the requirements set forth in Title 23 of the Placentia Municipal Code. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.
(5)
All sidewalk vendors shall allow a police officer, firefighter,
code enforcement officer, health inspector, or other government official
charged with enforcing laws related to sidewalk vendor activities,
at any time, to inspect their carts for compliance with this chapter.
(6)
Except as otherwise permitted under federal, state, or local
law or regulation, Carts and attachments thereto shall not exceed
a total height of four feet, a total width of four feet, and a total
length of four feet. Only umbrellas may be used as an attachment to
the cart and are allowed to exceed the total height of four feet,
but no higher than eight feet. The umbrella must also provide a minimum
of seven feet of vertical clearance.
(7)
Sidewalk vendors selling food shall have in their possession
at all times they are conducting sidewalk vending activities, all
applicable county and state food vending licenses.
(8)
Sidewalk vendors that sell food shall maintain a trash container
in or on their cart and shall not empty their trash into public trashcans.
The size of the sidewalk vendor's trash container counts as part
of the size limit of a cart.
(9)
Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public property. Sidewalk vendors shall follow all (NPDES) National Pollution Discharge Elimination System regulations contained in Placentia Municipal Code Chapter 16.20, for illicit discharge.
(10)
Sidewalk vendors shall maintain a minimum four-foot clear accessible
path for pedestrian ingress and egress free from obstructions, including
cart and customer queuing area.
(11)
Sidewalk vendors shall ensure that all required insurance is
in effect prior to conducting any sidewalk vendor activities and maintained
for the duration of the permit.
(12)
Sidewalk vendors shall not utilize sound amplifying equipment
nor non-amplified musical or noise making devices.
(13)
Sidewalk vendors shall not utilize tables or chairs. Common
prohibited uses of tables and chairs include the support of food and
merchandise, and the creation of an unpermitted outdoor dining area.
(14)
Sidewalk vendors may only sell food and/or goods. Sidewalk vendors
shall not sell or provide services. Vending of services is prohibited
even if the vending of services is combined with the vending of food
or merchandise or goods, and even if the services are deemed to be
free of charge with the purchase of food or merchandise.
(Ord. O-2023-04, 11/21/2023)
(a)
Sidewalk vendors and other compact mobile food operations with
twenty-five square feet or less of display area that sell only bagged
snacks, cans of soda, bottled water, whole fruits and vegetables,
canned goods that do not need refrigeration, and other similar foods
are exempt from the requirement to obtain a health permit from the
county health department. Instead, only a food handler's card
is required.
(b)
Unenclosed mobile food facilities such as compact mobile food
operations allow the sidewalk vendor to conduct the following "limited
food preparation" activities in the field rather than at a commissary.
(c)
Reduced equipment requirements for compact mobile food operations
include, but are not limited to, the following:
(1)
Use of auxiliary handwashing and ware washing facilities.
(2)
Reduced sink, water tank and water heater requirements.
(3)
Use of integral equipment.
(4)
Vending cart consistent with county health department standard
blueprint plan design that has already received authorization by the
county health department.
(Ord. O-2023-04, 11/21/2023)
(a)
Sidewalk Vendor Use of Existing Approved Kitchen Spaces. The
county health department may approve existing permitted food facilities,
such as restaurants, any kitchen facility used as a commissary, as
well as any church, school, library, community center and other facilities
with commercial grade kitchens to provide an approved space for sidewalk
vendors to safely prepare food and store compact mobile food operation
facilities like vending carts or stands.
(b)
A home being used as a cottage food operation, or a microenterprise
home kitchen operation may serve as a food preparation and storage
space for a compact mobile food operation if the county health department
deems the home to have adequate facilities to support the compact
mobile food operation. No more than two compact mobile food operations
can be stored in a private home unless specifically approved by the
county health department.
(Ord. O-2023-04, 11/21/2023)
(a)
Sidewalk vendors shall comply with all federal, state, county,
and local laws, and regulations.
(b)
Cart(s) shall not touch, lean against, or be affixed at any
time to any building or structure including, but not limited to, lampposts,
parking meters, mailboxes, traffic signals, fire hydrants, benches,
bus shelters, newsstands, trashcans or traffic barriers.
(c)
Sidewalk vendors shall not engage in any of the following activities:
(1)
Renting merchandise to customers.
(2)
Displaying merchandise or food not available for immediate sale.
(3)
Selling of alcohol, marijuana, adult oriented material, material
displaying profane language or obscenities, tobacco products, products
that contain nicotine or any product used to smoke/vape nicotine or
marijuana.
(4)
Selling food or merchandise to any person 16 years of age or
younger without a parent or guardian present.
(5)
Using an open flame or a generator on or within or in conjunction
with any cart, except as otherwise permitted under federal, state,
or local law.
(6)
Using an electrical outlet or power source that is owned by
the city or another person other than the sidewalk vendor.
(7)
Conducting sidewalk vending activities anywhere in the city
between the hours of 9:00 p.m. and 8:00 a.m. adjacent to commercial
uses. Conducting sidewalk vending activities anywhere in the city
between the hours of 9:00 p.m. and 8:00 a.m. adjacent to any other
uses. Conducting roaming sidewalk vending activities in any park when
it is closed to the public.
(8)
Continuing to offer food or merchandise for sale, following,
or accompanying any person who has been offered food or merchandise,
after the person has declined the offer to purchase food or merchandise.
(9)
Knowingly making false statements or misrepresentations during
the course of offering food or merchandise for sale.
(10)
Blocking or impeding the path of the person(s) being offered
food or merchandise to purchase.
(11)
Making any statements, gesture, or other communication which
a reasonable person in the situation of the person(s) being offered
food or merchandise to purchase would perceive to be a threat and
which has a reasonable likelihood to produce in the person(s) a fear
that the threat will be carried out.
(12)
Touching the person(s) being offered food or merchandise without
that person(s)' consent.
(13)
Placing their cart outside of any pathway or sidewalk when engaging
in sidewalk vending activities.
(14)
Placing any cables or wires across any pathway or sidewalk when
engaging in sidewalk vending activities.
(15)
Conducting sidewalk vending activities on private property.
(d)
Sidewalk vendors shall not engage in sidewalk vending activities
at the following locations:
(1)
Any residential zone in the city. This restriction only applies
to stationary sidewalk vendors.
(2)
Parks.
(A)
Stationary sidewalk vending is prohibited in all parks where
the city has granted exclusive restaurant concessions, and any location
the city may award an exclusive restaurant concessions in the future.
(B)
Roaming sidewalk vendors are permitted in parks even if an exclusive
concession has been granted.
(3)
The civic center, other city owned buildings, including, but not limited to, any police station, fire station, public works yard, community services building or senior center, except as otherwise permitted under a special event permit pursuant to Section 23.81.015 (Special events) of the Placentia Municipal Code.
(4)
Any city property that does not meet the definition of a sidewalk
or pathway including, but not limited to, any alley, square, street,
street end, or parking lot.
(5)
An area designated for barriers for protection of the public.
(6)
Within 200 feet of:
(A)
A public or private school.
(B)
A place of worship.
(C)
A large or general child day-care facility.
(D)
A permitted certified farmers' market or swap meet during
the limited operating hours of that certified farmers' market
or swap meet.
(E)
An area designated for a special event pursuant to a city issued
permit, during the limited duration of the special event.
(7)
Within 100 feet of:
(A)
Another sidewalk vendor.
(B)
The intersection of a street and a sidewalk.
(C)
The portion of any city facility that is renting or selling
merchandise or selling food to the public or where the rental merchandise
is stored.
(D)
Any police officer, firefighter, or emergency medical personnel
who are actively performing their duties or providing services to
the public.
(8)
Within 25 feet of a:
(A)
Fire hydrant, fire call box or other emergency facility.
(B)
Curb which has been designated as white, yellow, green, blue,
or red zone, or a bus zone.
(C)
Automated teller machine.
(D)
Driveway, alley, or entrance to a parking lot or parking garage.
(E)
Entrance or exit to a building, structure, or facility.
(F)
Trash receptacle, bike rack, bench, bus stop, restroom, public
catch basins, or similar public use items.
(9)
Within:
(A)
18 inches from the edge of the curb.
(B)
A parking lot of a city park or public facility.
(C)
Where placement impedes the flow of pedestrian traffic or impedes
egress from, access to or the use of abutting property.
(D)
The boundary of a valet parking zone or loading/unloading zone.
(E)
Public safety efforts or programs, street improvement activities,
construction activities, cleaning efforts or other similar activities.
(Ord. O-2023-04, 11/21/2023)
(a)
A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending permit from the city is punishable only by an administrative citation pursuant to Chapter 1.10 of the Placentia Municipal Code (Administrative Citations) in an amount not to exceed the following:
(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.
(3)
An administrative fine not exceeding $500.00 for each additional
violation within one year of the first violation.
(b)
If a sidewalk vendor violates any portion of this chapter and
cannot present the citing officer with proof of a valid permit, the
sidewalk vendor shall be assessed administrative fines 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.
(3)
An administrative fine not exceeding $1,000.00 for each additional
violation within one year of the first violation.
(d)
The development services director, or the development services
director's designee, may revoke a permit issued to a sidewalk
vendor for the term of that permit upon the fourth violation or subsequent
violations within one year of the first violation.
(e)
A violation of this chapter shall not be punishable as an infraction
or misdemeanor. No person alleged to have violated the provisions
herein shall be subject to arrest except when otherwise permitted
by law.
(f)
Failure to pay an administrative citation issued pursuant to
this section 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.
(g)
Seizure.
(1)
Because of the overwhelming need to immediately protect public safety during certain emergency situations, the carts, merchandise, or any other instrumentality of the person violating Section 8.10.110 (Prohibited activities and locations), may be immediately seized by the city.
(2)
The carts, merchandise, or any other instrumentality of the
person violating any other provision of this code, or any other state
or federal law, may be seized by the city.
(3)
The city shall store such property for a maximum of 30 days.
If the property is not claimed within that time period, the city may
dispose of the property.
(4)
Any perishable items may be disposed of immediately by the city
upon seizure.
(5)
All merchandise will be returned, if properly claimed, except
if the possession or sale of such merchandise is otherwise illegal,
including, but not limited to, violation of copyright laws, trademark
laws, illegal contraband or any other violation of local, state or
federal law.
(Ord. O-2023-04, 11/21/2023)
(a)
Administrative citations may be appealed pursuant to Section 1.10.070, except where the hearing officer is considering an administrative fine, he or she has the power to:
(1)
Reduce the fine based upon the person's ability to pay
the fine.
(2)
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% 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.
(Ord. O-2023-04, 11/21/2023)
