Cathedral City Municipal Code Ch. 5.03 Outdoor Merchandising

Note: Prior ordinance history: Ord. 15.

This chapter is to regulate the sale of merchandise outdoors on either public property or private property. This chapter does not regulate outdoor sales of merchandise that is permitted or regulated in the zoning ordinance or any other provision of this code.

(Ord. 387 § 4, 1993)

It is unlawful for any person to use or occupy any public right-of-way, park, other publicly owned or controlled place, for the sale, soliciting, advertising, distribution or display of goods, wares, merchandise, or services. This section shall not be deemed to apply to the sale of news publications or for activities sponsored by a public agency or other nonprofit organization per the procedures contained herein.

(Ord. 206 § 2, 1988; Ord. 387 § 4, 1993)

It is unlawful for any person to use or occupy any area outside any structure or city approved outside display area, for purposes of physically selling, distributing or displaying goods, wares, merchandise, or services. Activities sponsored by a public agency or charitable non-profit organization are exempt and may be approved per the procedures contained herein.

(Ord. 206 § 2, 1988; Ord. 387 § 4, 1993)

Application for a permit for any public agency or charitable non-profit organizations as required by this chapter shall be filed with the city planner. Said application shall include a general description of the operation of the event, a description of the purpose of the proceeds of the sale, a listing of the items to be sold, a copy of the applicant's liability insurance and a list of all profit-making vendors that would be allowed on-site. Permits are to be processed by the city planner. He may, however, at his discretion, refer such an application to the city council for consideration. The city planner is authorized to review such applications and issue such temporary permits based on the following conditions:

A. No sale permitted pursuant to this section shall exceed five consecutive days in duration at any one time, nor more than two times per year.

B. Circulation and safety plans shall be approved prior issuance of a permit.

(Ord. 206 § 2, 1988; Ord. 387 § 4, 1993; Ord. 554 § 1, 2002)

The city planner shall complete all approvals based upon a report for traffic, safety, and general operation of the event. All decisions by the city planner may be appealed to the city council. The city planner may also elect to forward any application to the city council for approval if it is determined that there are special circumstances requiring city council review.

(Ord. 206 § 2, 1988; Ord. 387 § 4, 1993; Ord. 554 § 1, 2001)

A violation of Section 5.03.020, 5.03.030 or 5.03.040 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80.

(Ord. 506 § 3, 1999)

A violation of Section 5.03.020, 5.03.030 or 5.03.040 of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation and the violator shall be subject to the provisions set forth in Chapter 13.65, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 506 § 3, 1999)

Any person convicted of an infraction shall, for each separate violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 506 § 3, 1999)

In lieu of issuing an infraction citation, the city may issue an administrative citation, pursuant to Chapter 13.58, to any person responsible for committing, causing or maintaining a violation of Section 5.03.020,

5.03.030 or 5.03.040 of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 506 § 3, 1999)

Note: Former § 5.03.075, Administrative fine, adopted by Ord. 506 was repealed by Ord. 892, 10/22/2025.

A violation of Section 5.03.020, 5.03.030 or 5.03.040 of this chapter by the holder of any city permit and/or city license validly issued pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150.

(Ord. 506 § 3, 1999)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by Chapter 13.140, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 506 § 3, 1999)