Colton Municipal Code Ch. 12.44 Regulation for Unlicensed Itinerant Vending Business

For the purposes of this chapter, the Following words Shall have the meanings set forth herein:

"Goods" means any consumable items, foods, beverages, merchandise or wares, being offered for Sale.

"Itinerant Vending Business" means any vending or similar Business activity transacted on any public or Private Property within the City when such vending or similar Business activity is conducted from any motorized or Nonmotorized Vehicle, Cart, trailer, stand, booth, wagon, box, grocery Cart or similar container, other wheeled conveyance movable by human power, any instrumentality Used in food preparation or food keeping, or from any location that has not obtained all requisite zoning and Development Approvals.

"Itinerant Vendor" means any Person who engages in an Itinerant Vending Business, regardless of whether such Person is the Owner of the Goods offered for Sale, or the servant, agent or Employee of the Owner.

"Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers.

Such definitions shall not include any itinerant vendors taking orders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with Chapter 5.17 of Title 5 of this Municipal Code.

(Ord. 0-06-06 § 1 (part), 2006)

(Ord. No. O-12-19, § 3, 11-5-19)

It is unlawful for any Person to engage in any Itinerant Vending Business, without first paying the Application Fee and obtaining a City Business License as set forth in Section 5.02.030 of the City Code, or for any Person to carry on the activities of the Itinerant Vending Business without keeping a current City Business License with him or her at all times while transacting and carrying on the activities of the Itinerant Vending Business, as set forth in Section 5.02.130 of this Code.

(Ord. 0-06-06 § 1 (part), 2006)

Any Person who violates Section 12.44.020 of this chapter is guilty of a misdemeanor, as set forth in Section 5.02.370 of this Code, and May be cited or arrested for such Violation.

(Ord. 0-06-06 § 1 (part), 2006)

Upon the citation or arrest of any Person for Violation of Section 12.44.020 of this chapter, the City May seize and impound all Perishable and Nonperishable Goods in the possession of the unlicensed Itinerant Vendor.

(Ord. 0-06-06 § 1 (part), 2006)

A. Following citation or arrest pursuant to Section 12.44.030 of this chapter, the unlicensed Itinerant Vendor Shall sign a declaration, which Shall declare, under penalty of perjury, the name and contact information of the rightful Owner of the seized Goods.

B. The City Shall make a reasonable attempt to contact the rightful Owner of any seized Perishable Goods, if other than the Itinerant Vendor arrested or cited, in order to provide that Owner with an opportunity to retrieve the Goods within twenty-four hours. The rightful Owner, as set forth in the declaration described in subsection A of this section, Must present valid identification to the City, before the City will release any seized Goods.

C. If the unlicensed Itinerant Vendor claims to be the rightful Owner of the seized Perishable Goods, such Itinerant Vendor Must present valid identification to the City, and Must sign the declaration described in subsection A of this section declaring himself or herself to be the rightful Owner. In such case, the City Shall provide such Itinerant Vendor the opportunity to either:

1. Contract, with one phone call (which one phone call Shall be in addition to any other phone calls Permitted by Law to an arrestee), another individual to pick up the seized Perishable Goods, provided that the Goods Must be picked up within twenty-four hours; or

2. Sign a release allowing the City to immediately dispose of or donate any seized Perishable Goods.

D. Prior to releasing, disposing or donating any Perishable Goods seized pursuant to Section 12.44.040 of this chapter, the City Shall inspect, and take photographs and any necessary samples of such Goods to maintain as evidence.

E. Any Perishable Goods not retrieved, as provided in this chapter, within twenty-four hours Shall be immediately donated or discarded by the City, with no liability to the City for such action.

F. Nothing contained in this chapter Shall limit the ability of the City to cite the Owner of the seized Perishable Goods for Violation of this CODE COMPARATIVE TABLE.

G. The Police Chief May adopt reasonable rules and regulations, not inconsistent with this chapter, in order to implement this section.

(Ord. 0-06-06 § 1 (part), 2006)