Chapter 4.50 — CURB ADDRESS NUMBERING

Sections:

4.50.010 Permit required.

4.50.020 Application.

4.50.025 Decision of License Collector.

4.50.030 Standards.

4.50.040 Service area and permit duration.

4.50.050 Solicitation of donations.

4.50.060 Revocation of permits and appeals.

4.50.070 Violations.

No person shall paint, mark, inscribe, or impose upon any publicly owned or controlled curb, parkway or street any address number without first obtaining a permit therefor from the License Collector. The term “address number” as used in this chapter shall mean the address number ascribed to any property regardless of whether such property, or any use thereof, is residential, commercial, industrial or otherwise. (Ord. 5810 § 32 (part); April 23, 2002.)

Any application for a permit to paint house numbers on any public curbs shall be signed and filed with the License Collector and shall include the following information:

.010 The name and business address of the applicant. If the applicant is a partnership, the application shall state the name and address of each of the general partners. If the applicant is a corporation, the application shall state the name and address of the president of the corporation. If the applicant is a joint venture, the application shall state the name and address of each of the joint venturers.

.020 A description of the area of the City to be serviced within the permit period.

.030 The names and addresses of each employee or person who will do the painting.

.040 The names and addresses of each employee or person who will make door-to-door solicitations or collections of payments or contributions for such services.

.050 An agreement by the applicant to perform such services in accordance with applicable City standards. (Ord. 5810 § 32 (part); April 23, 2002.)

.010 Upon the filing of an application, the License Collector or his or her designee (herein referred to collectively as the “License Collector”) shall have five (5) business days to determine whether the application is complete. If the application is determined to be incomplete, the License Collector shall, within two business days following such determination, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and stating the information needed to complete the application.

.020 Upon determination that the application is complete, the License Collector shall conduct an appropriate investigation, including consultation with the Police, Fire, Code Enforcement and Planning Departments and inspection of the premises, as needed. Within forty-five (45) days after receipt of a completed application, the License Collector shall either grant or deny the application. (Ord. 5810 § 32 (part); April 23, 2002.)

.010 All curb house numbers shall be of size, color and style conforming to specifications approved by the Director of Public Works and on file in the Public Works Department of the City.

.020 Masonry paint shall be used for all numerals and background equal to or greater than specified in the standard specifications approved by the Public Works Director and on file in the Public Works Department of the City.

.030 All numerals shall be located on the curb face not more than one inch from the top of the curb. (Ord. 5810 § 32 (part); April 23, 2002.)

A permit issued under this section shall be valid for a period not exceeding ninety (90) days and shall specify the area of the City to be solicited for the painting of house numbers. No permit shall be authorized for an area greater than can reasonably be serviced by the permit holder within the period the permit is valid and no more than one permit shall be issued for any one time period for any service area. Said service area shall be approved by the Code Enforcement Manager prior to issuance of the permit. In determining whether to approve or disapprove the proposed service area, the Code Enforcement Manager shall consider (i) whether the area can be serviced within ninety (90) days, and (ii) the most recent service date for the area or any portion thereof. (Ord. 5810 § 32 (part); April 23, 2002.)

.010 Prior to painting the address number upon the curb of any property, the person or company providing such service shall notify the owner, manager, or occupant of the property in writing of the intention of such person or company to paint the address number upon the curb of such property. Such notice shall be delivered in person or by mail to the property not less than three (3) days prior to the date such curb painting will or is proposed to occur. Such notice shall state the amount of any suggested donation for such service and shall provide a reasonable means by which the owner, manager or occupant of the property may reject such service or payment therefor. Such notice shall state that the amount of any payment made for the service is strictly voluntary and that failing to reject the service does not create any binding obligation for payment. Such notice shall state that the address numbering service is not sponsored by or affiliated with the City of Anaheim.

.020 No person or company shall paint the address number or anything else upon the curb of any property, nor solicit any payment or donation from the owner, manager or other occupant of any property, where the curb painting service for such property has been rejected as provided herein.

.030 No person shall solicit donations for the painting of address numbers in excess of the amount stated in the written notice delivered to the property in accordance with subsection .010 above. In soliciting such donations, no person shall trespass or remain upon any private property after being requested by the owner or an occupant of the premises to depart from the property or after any request for a donation has been denied. After being requested to depart from private property following any such solicitation or after being denied any request for a donation, no person shall threaten, coerce or otherwise intimidate any owner, manager or other occupant of the property in retaliation thereto. (Ord. 5810 § 32 (part); April 23, 2002.)

.010 Revocation Notice. The License Collector shall be authorized to revoke any permit for non-compliance with any term, condition or regulation specified in this section or for failure to perform such services within the time period of the permit. Not less than five (5) days prior to the effective date of any such revocation, notice of revocation, including the reasons therefor, shall be provided to the permit holder by mail or personal delivery to the address specified in the permit application. Any permit holder aggrieved by an action of the Revenue Manager may appeal such action to the City Manager at any time prior to the effective date of such revocation upon the filing of a letter of appeal with the License Collector.

.020 Appeal. Any timely filed letter of appeal shall contain a concise explanation of the grounds for such appeal. Upon receipt of a timely appeal in compliance with this section, the effective date of any revocation shall be stayed during the appeal process. Within ten (10) days following the date of such timely appeal, the City Manager or his or her designee shall hold a hearing thereon notice of which shall be given to the permit holder by mail or personal delivery not less than three (3) calendar days prior to the hearing date. Within ten (10) days following the hearing date, the City Manager or his or her designee shall issue a written decision on such appeal which decision shall be provided to the permit holder by mail or by personal delivery. Said decision shall be final and shall become effective upon the earlier of either (i) the third day following the date of deposit in the U.S. Mail, first-class, postage prepaid, to the permit holder if the decision is mailed, or (ii) the date of personal delivery thereof to the permit holder. (Ord. 5810 § 32 (part); April 23, 2002.)

Any person violating any provision of this section shall be guilty of an infraction. (Ord. 5810 § 32 (part); April 23, 2002.)

Chapter 4.52

SOLICITORS AND SIDEWALK VENDORS*

*Licensing of peddlers and solicitors — See Section3.32.060.

Every person, whether or not a resident of the City of Anaheim, traveling by foot, vehicle, or other type of conveyance, from place to place or from door to door or at any temporary, stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products, fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser thereof, is a "solicitor." No person not otherwise excepted by law shall engage in the business of being a solicitor without first obtaining a permit therefor. (Ord. 5810 § 34 (part); April 23, 2002: Ord. 5949 § 2; November 16, 2004.)

.010 No permit to engage in the business of being a solicitor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the Revenue Manager. Said application shall include the name and address of the applicant, a passport size photograph of the applicant, a description of the goods, wares or services to be offered for sale, the applicant's social security number or federal or state employer's identification number or tax identification number, the applicant's former residence or places of business for a period of five years preceding the date of the application, and a list of any convictions of applicant for a felony or misdemeanor involving moral turpitude for the previous five years. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the Revenue Manager. The Revenue Manager shall utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application.

.020 Following the investigation of the application by the Police Department, the Revenue Manager shall issue said permit if the Revenue Manager finds that the information contained in the application is true and correct and that the applicant has not been convicted of a crime of moral turpitude or any violation of this chapter for a period of three years prior to the date of application. A solicitor's permit shall be issued if the application therefor has remained pending or under investigation for more than fifteen (15) days after a fully completed application has been filed. A solicitor's permit shall be valid for a period of one year from the date of its issuance unless sooner revoked under the terms of this Chapter.

.030 The requirement of a solicitor's permit under this chapter shall be in addition to the requirement for a business license from the City of Anaheim. (Ord. 5810 § 34 (part); April 23, 2002.)

.010 The Revenue Manager may revoke the solicitor's permit granted to any person upon a finding that such person has violated any provision of this chapter, made material misrepresentation upon such solicitor's permit application or has been convicted of a crime of moral turpitude or a violation of this chapter within a period of three years prior to the date of the permit application.

.020 No permit shall be revoked until after a hearing shall have been held before the City Manager or designee to determine good cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the ground for the proposed revocation and shall state the time and place where such hearing will be held.

.030 Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business of the permit holder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permit holder, in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing.

.040 After said hearing, the City Manager or his or her designee shall render a written decision within ten working days from

the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 5810 § 34 (part); April 23, 2002.)

.010 It shall be unlawful for any person to engage in soliciting as defined in this chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City of Anaheim except with the prior written consent of the City of Anaheim.

.020 It shall be unlawful for anyone to engage in soliciting as defined in this chapter without having in such solicitor's possession a valid permit issued under the provisions of this chapter and a valid business license issued by the City of Anaheim pursuant to this Code.

.030 It shall be unlawful for any solicitor to make any false statement to any person being solicited by such person for a commercial transaction that relates to the goods, wares, merchandise or services offered for sale by such solicitor.

.040 Any person who shall be convicted of any act defined as unlawful conduct under the provisions of this chapter is guilty of an infraction. (Ord. 5810 § 34 (part); April 23, 2002.)

.010 DEFINITIONS.

.0101 "Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.

.0102 "Sidewalk Vendor" means a person who sells food or merchandise from a Vending Display Device, or from one's person, upon a public sidewalk or other pedestrian path. The term "Sidewalk Vendor" includes both Roaming Sidewalk Vendors and Stationary Sidewalk Vendors.

.0103 "Sidewalk Vendor Permit" means a permit issued by the City authorizing a person to engage in the business of being a Sidewalk Vendor.

.0104 "Stationary Sidewalk Vendor" means a Sidewalk Vendor who vends from a fixed location.

.0105 "Vending Display Device" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. "Vending Display Device" does not include any street furniture such as benches or planters, any other structure permanently installed by the City or with the consent of the City, or newsracks placed in conformity with the provisions of this Code regulating newsracks.

.020 SIDEWALK VENDOR PERMIT REQUIRED. No person not otherwise excepted by law shall engage in the business of being a Sidewalk Vendor without first obtaining a permit therefor.

.030 SIDEWALK VENDOR PERMIT APPLICATION. No permit to engage in the business of being a Sidewalk Vendor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the License Collector. The application shall include the name of the applicant; the address of the applicant; the address designated and agreed to by the applicant for receipt of notices from the City; a passport size photograph of the applicant; a description of the goods, wares or services to be offered for sale; proof of a valid California Department of Tax and Fee Administration seller's permit; the applicant's social security number or federal or state employer's identification number or tax identification number or California driver's license or California identification number; and any other information deemed necessary by the License Collector. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the License Collector. The License Collector may utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. Any social security number, California driver's license number or identification number submitted with the permit application shall not be disclosed except as required for administrative purposes or to comply with a state law or state or federal court order.

The requirement of a Sidewalk Vendor Permit under this section shall be in addition to the requirement for a business license from the City and any additional licenses required by other state or local agencies, including but not limited to any permit required by the Orange County Health Care Agency.

.040 DENIAL AND REVOCATION OF A SIDEWALK VENDOR PERMIT.

.0401 An application for a Sidewalk Vendor Permit may be denied for any of the following reasons:

.01 The applicant provides false, misleading, or fraudulent information or omits material information in the application.

.02 The proposed vending operation is contrary to any provision of this Code regulating sidewalk vending.

.03 The applicant failed to provide a complete application after having been asked to provide additional information or documents.

.04 The applicant failed to comply with the operational standards set forth in the provisions of this Chapter.

.05 The applicant failed to pay any administrative citation issued for violating any provision of this Code regulating sidewalk vending.

.06 The proposed vending operation, including the equipment to be used by the applicant, fails to comply with all applicable health, zoning, fire, building, and safety laws of the State of California, the County of Orange, or the City.

.0402 If an application for a Sidewalk Vendor Permit is denied, the applicant shall receive written notice stating the reasons for the denial. If a Sidewalk Vendor Permit is revoked, a Sidewalk Vendor shall receive written notice stating the reasons for the revocation.

.0403 Upon the fourth violation of any provision of this Code regulating sidewalk vending within the term of the Sidewalk Vendor Permit, the License Collector may revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has violated any provision of this Chapter. The License Collector may also revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has made a material misrepresentation on his or her Sidewalk Vendor Permit application.

.0404 A person whose application for a Sidewalk Vendor Permit is denied, or a person whose Sidewalk Vendor Permit is revoked, may appeal the decision to the City Manager or his or her designee by filing a written notice of appeal within ten (10) calendar days after receiving the notice of denial or revocation.

.0405 If a written notice of appeal is received within the ten (10) day period, the City Manager or his or her designee shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Notice of such hearing shall be given in writing and served at least ten (10) days prior to the date of the hearing thereon. The notice shall state the ground for the denial or revocation and shall state the time and place where such hearing will be held.

.0406 The notice shall be served upon the applicant or permit holder by delivering the same to such person or by leaving such notice at the place of business of the applicant or permit holder during usual business hours, with the person who is apparently in charge thereof, or at the residence of the applicant or permit holder, in the custody of a person of suitable age and discretion. In the event the applicant or permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the applicant or permit holder at the address designated by the applicant or permit holder on the Sidewalk Vendor Permit application as the address for receipt of notices from the City at least ten (10) working days prior to the date of such hearing.

.0407 After the hearing, the City Manager or his or her designee shall render a written decision within thirty (30) working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 6449 § 2; November 20, 2018; Ord. 6568 § 2; February 27, 2024.)

.010 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor as defined in this Chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City except with the prior written consent of the City.

.020 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor on any of the following public streets and sidewalks within the City two (2) hours before, during and two (2) hours after events at Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim:

.0201 Orangewood Avenue, from west side of State Route 57 to 300 feet west of State College Boulevard.

.0202 State College Boulevard, from 300 feet south of Orangewood Avenue to the north side of Katella Avenue.

.0203 Katella Avenue, from the west side of State College Boulevard to the Santa Ana River Trail.

.0204 Douglass Road, from the entrance to the Angel Stadium of Anaheim to Cerritos Avenue.

.0205 Dupont Drive.

.0206 Rampart Street from Orangewood Avenue to Dumaine Street.

.0207 Gene Autry Way from South Chris Lane to the entrance of the Angel Stadium of Anaheim.

.030 It shall be unlawful for any person to engage in sidewalk vending in the areas designated in section4.10.010.010.0101 - .0108 of this Code.

.040 Stationary Sidewalk Vending is prohibited in any location zoned exclusively residential.

.050 Sidewalk vending is prohibited in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited hours of that certified farmers' market or swap meet. A "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. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21600) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulation adopted pursuant to that article.

.060 Sidewalk vending is prohibited within the immediate vicinity of an area designated for a temporary special permit, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority 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, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the

temporary special permit. (Ord. 6449 § 3; November 20, 2018; Ord. 6568 § 3; February 27, 2024.)

.010 Sidewalk Vendors shall comply with the following operational standards in order to maintain public health, safety, and welfare:

.0101 Sidewalk Vendors shall comply with the Americans with Disabilities Act of 1990 and other disability access standards, including but not limited to allowing for a minimum width of at least thirty-six (36) inches of accessibility on any sidewalk.

.0102 Sidewalk Vendors shall not use canopies, pop up tents, E-Z UP tents, or similar shade structures that reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches. The use of an umbrella or a similar shade structure that does not reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches may be considered as part of an application for a Sidewalk Vendor Permit. The size of a permitted umbrella or similar shade structure may vary depending on the vending location proposed by a Sidewalk Vendor.

.0103 Sidewalk Vendors shall not vend to occupants of motorized vehicles in operation.

.0104 Sidewalk Vendors may not engage in vending in such a manner as to cause onlookers or customers to obstruct the accessible path of travel for pedestrians and vehicles.

.0105 To maintain the free movement of pedestrians and vehicles, Sidewalk Vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a Vending Display Device.

.0106 Sidewalk Vendors must provide a trash receptacle for customers to ensure proper disposal of customer trash. Prior to leaving any vending location, a Sidewalk Vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor's customers within a twenty-five (25) foot radius of the vending location. Sidewalk Vendors are responsible for disposing of the trash associated with their business and may not use City receptacles for this purpose.

.0107 Sidewalk Vendors must properly dispose of fats, grease, and oil.

.0108 At all times while vending, Sidewalk Vendors that sell food shall possess and display in plain view on their Vending Display Device a valid permit from the Orange County Health Care Agency.

.0109 At all times while vending, Sidewalk Vendors shall display in plain view on their Vending Display Device a Sidewalk Vending Permit issued to the person vending pursuant to section 4.52.050 of this Code.

.0110 Sidewalk Vendors shall be responsible for compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

.0111 Vending Display Devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No Vending Display Device shall become a permanent fixture at a vending location or be considered an improvement to real property.

.0112 Vending Display Devices shall not be left or stored unattended on public property or within the public right-of-way.

.0113 Sidewalk Vendors shall not vend or distribute: (a) live animals, wildlife, fish, fowl, or insects; (b) or items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise). Unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal.

.0114 No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise.

.0115 Sidewalk Vendors shall not unreasonably interfere with access or use of City infrastructure, including City benches, bike racks, wheelchair access ramps, stairs, parking meters, utility boxes, trash receptacles, or recycling receptacles.

.0116 Sidewalk Vendors shall not block access to or create unreasonable congestion at: (a) a corner of any street intersection; (b) any fire hydrant, fire call box, emergency exit, or other emergency facility; (c) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (d) any building entrance or stairway access point; (e) any driveway or driveway apron; (f) upon or within any roadway, median strip, or dividing section; or (g) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.

.0117 Sidewalk Vendors shall not operate or vend in a way that violates the terms or conditions of their Sidewalk Vendor Permit.

.0118 Sidewalk Vendors shall comply with all other generally applicable laws.

.020 The City Manager or his or her designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this Chapter and to address objective health, safety, and welfare concerns. A violation of such regulations shall constitute a separate violation of this Chapter. (Ord. 6568 § 4; February 27, 2024.)

Any violation of sections 4.52.050 - 070 shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty

First $100.00 Second $200.00 Third $500.00

.101 Engaging in the business of being a Sidewalk Vendor without a valid Sidewalk Vendor Permit in violation ofChapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code, shall be enforced in accordance with the procedures set forth inChapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty

First $250.00 Second $500.00 Third $1,000.00

.102 If a person issued an administrative citation meets the criteria described in (a) or (b) of Government Code Section 68632, the License Collector shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this section.

.103 A notice of a violation of sections 4.52.050 - 070 shall include notification to the person cited that he or she may request an ability-to-pay determination and a corresponding reduction in a fine assessed under this section, including instructions for making such a request. Upon receipt of such an ability to pay request, the License Collector or his or her designee shall hold a hearing in accordance with this section.

.104 To request an ability-to-pay determination, a person issued an administrative citation shall file with the City a signed application in a form prescribed by the License Collector, specifying the citee's ability to pay the assessed fines. The License Collector shall provide notice to the citee of the time, date and place that his/her ability to pay request shall be heard, which hearing date shall not be sooner than ten (10) days following the date notice of such hearing is given to the citee. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to pay the assessed fine. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for an ability-to-pay determination.

.105 Following conclusion of the hearing on the ability to pay request, the License Collector or his or her designee shall issue a written decision and specifying the amount of the fine imposed and the reasons therefore, including the citee's ability to pay. The License Collector may allow the citee to complete community service in lieu of paying the administrative fine, may waive the administrative fine or may offer an alternative disposition.

.020 Impoundment

.0201 The City may impound a Sidewalk Vendor's Vending Display Device, food, equipment, utensils, goods, or merchandise that:

.01 Reasonably appear to be abandoned on public property; or

.02 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) operates in violation ofChapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or

.03 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) does not possess a valid applicable Sidewalk Vendor Permit; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or

.04 Is (i) creating an imminent and substantial safety or environmental hazard by the location of the Vending Display Device or the nature of the goods being offered for sale, and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer.

.0202 The City may immediately dispose of impounded materials that are perishable or cannot be safely stored.

.0203 Administrative Hearing. Any Sidewalk Vendor who has his or her property impounded shall have the right to file a request for an administrative hearing to appeal the impoundment. Any such request shall be made in writing and shall be filed in the office of the Community Preservation Manager within ten (10) calendar days from the date of impoundment of a Sidewalk Vendor's property. If successful in the appeal, a Sidewalk Vendor may have his or her property returned without paying an impound fee.

If a written request for an administrative hearing is received within the ten (10) day period, an Employee Hearing Officer shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Written notice of the hearing shall be mailed to the responsible person who requested the administrative hearing at least ten (10) calendar days in advance of the hearing.

.0204 A Sidewalk Vendor may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.

.0205 The City Council may by resolution adopt impound fees, which shall reflect the City's enforcement, investigation, storage, and impound costs.

.0206 Any unclaimed items will be considered abandoned and forfeited to the City after ninety (90) days following impoundment. (Ord. 6568 § 5; February 27, 2024.)

Chapter 4.53

(Repealed by 6245, 6/5/12)

Chapter 4.56

(Repealed by 5810, 4/23/02)

Chapter 4.60

(Repealed by 6245, 6/5/12)