Corona Municipal Code Ch. 5.35 Sidewalk Vendors

(A) Purpose. The purpose of this chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Chapter 6.3 (commencing with § 51036) of Part 1 of Division 1 of the Government Code. The provisions of this chapter allow the city to establish permitting regulation and enforcement of unpermitted sidewalk vendor activities to protect the public health, safety and welfare.

(B) Findings. The City Council hereby finds that to promote the public health, safety and welfare, restrictions on sidewalk vending are necessary to:

(1) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows, which is necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the city's public safety personnel to observe activities within building.

(2) Allow for the safe and effective performance of code compliance, police, firefighter and emergency medical personnel services in the public right-of-way.

(3) Ensure that sidewalk vendor activities occur only in locations where such activities would not restrict the use and enjoyment of sidewalks and pathways by any persons including persons with disabilities.

(4) Ensure compliance with the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

(5) Provide reasonable access to the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.

(6) Maintain sanitary conditions of items offered to public, especially food items.

(7) Reduce exposure to the city for personal injury or property damage claims and litigation that may be caused in whole or in part by sidewalk vendor activities in the public right-of-way.

(8) Provide for the installation, repair, maintenance and removal of encroachments in the public right-of-way in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community.

(9) Prevent infringement on the use and enjoyment of parks and an undue concentration of commercial activity that interferes with the scenic and natural character of the park.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. Unless the context otherwise clearly indicates, words used in the singular include the plural and words used in the plural includes the singular.

(A) "Alcohol" and "alcoholic beverage" shall have the same meaning as defined in § 9.17.010 of this code, or any successor section.

(B) "Block frontage" means all property fronting on one side of a street between a street and public right-of-way, waterway or intersecting or intercepting street. An intercepting street shall determine only the boundary of the frontage on the side of the street that it intercepts.

(C) "Cannabis" shall have the same meaning as defined in § 5.36.020 of this code, or any successor section.

(D) "Certified farmers' market" shall have the same meaning as defined in § 17.04.252 of this code, or any successor section.

(E) "Curb face" means the vertical or sloping surface on the roadway side of the curb.

(F) "Director" means the Planning and Development Director for the City of Corona, or his or her designee.

(G) "Display area" means the space occupied by a sidewalk vending receptacle.

(H) "Emergency vehicle access" means the roadway path or other surface that provides police or fire safety vehicular access from the dispatched point of origin to a facility, building, parcel, beach, park or portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot lanes, access roadways, and walkways.

(I) "Enforcement Officer" means a person who is a police officer, firefighter, City Code Compliance Officer, City Building Inspector, City Public Works Inspector, City Fire Inspector, County Health Officer, and life safety services officer.

(J) "Food" means any item provided in Health and Safety Code § 113781, or any successor section.

(K) "Heating element" means any device used to create heat for food preparation.

(L) "Merchandise" means any item(s) that can be sold and immediately obtained from a sidewalk vendor which is not considered food. Items for rent shall not be considered merchandise.

(M) "Park" means any area dedicated or established as a public park, including, without limitation, active and passive parks.

(N) "Pathway" means a paved path or walkway for pedestrian travel, other than a sidewalk.

(O) "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the city.

(P) "Public property" means all property owned or controlled by the city, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.

(Q) "Public right-of-way" means the area in, upon, above, beneath, or across any of the following that has been dedicated to the public and maintained under public authority or by others and that is located within the city limits: streets, roadways, highways, avenues, boulevards, lanes, alleys; courts, sidewalks, pathways, medians, parkways, easements, rights-of-way, or similar public property that the city from time-to-time authorizes to be included within the definition of a public right-of-way or street.

(R) "Residential zone" means any area zoned exclusively as residential in Title 17 of this code, including, without limitation, A, A-14.4, R-lA, R-20.0, R-12.0, R-1-9.6, R-1.8.4, R-1-7.2, R-1-14.4, R-2, R-3, R-3-C, R-G or MP zone, a residential land use adopted by a specific plan, or an equivalent residential zone, in each case within which residential uses are allowed by right.

(S) "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(T) "Sidewalk" means a public paved or hardscape sidewalk, parkway, pedestrian path, walkway or other public right-of-way specifically designed for the exclusive use of pedestrian travel. A sidewalk shall not include streets, alleys, medians, plazas, or city-owned parking lots or structures.

(U) "Sidewalk vending receptacle" means a pushcart, stand, table, display, shade structure, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance used for sidewalk vendor activities.

(V) "Sidewalk vendor" means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk.

(W) "Sidewalk vendor activity(ies)" means to sell, barter, offer for sell, expose or display for sale, or solicit offers to purchase food or merchandise, or to require someone to negotiate, establish or pay a fee for providing food or merchandise, even if characterized as a donation, including, but not limited to the installation, placement, or maintenance of any sidewalk vending receptacles on a sidewalk.

(X) "Special event" means any temporary permitted event approved by the city pursuant to § 9.20.010.

(Y) "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.

(Z) "Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

(AA) "Street frontage" means the linear frontage of all property abutting the same side of the street as a freeway on and/or off ramp.

(BB) "Swap meet" has the same meaning as an "open air market" in Chapter 17.04 and means a location operated in accordance with Article 6 (commencing with § 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.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Permit required. No person, either for him or herself or any other person, shall engage in any sidewalk vendor activities within the city, or otherwise hire or employ a person to engage in sidewalk vendor activities within the city, without first applying for and receiving a sidewalk vendor permit from the Director in accordance with this chapter. Notwithstanding the foregoing, any person who, as of July 3, 2024, has a permit duly issued by the city pursuant to the Corona Municipal Code sections in effect as of the date such permit was issued may continue to engage in sidewalk vendor activities until the expiration of that permit provided that such activities comply with §§ 5.35.060 through 5.35.080.

(B) Application. A written application for a sidewalk vendor permit shall be filed with the Director on a form provided by the city and shall contain the following information:

(1) The name, address, and telephone number of the person applying to become a sidewalk vendor;

(2) The California driver's license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order);

(3) If the sidewalk vendor is an agent or employee of another person, the name, address, and telephone number of that person;

(4) The number of sidewalk vending receptacles the sidewalk vendor will operate within the city under the permit;

(5) Whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

(6) Whether the sidewalk vendor intends to use any sound amplifying device or equipment;

(7) The day(s) and hours of operation the stationary sidewalk vendor intends to operate and the total number of locations within the city on any given day;

(8) The dimensions of the sidewalk vendor's sidewalk vending receptacle(s);

(9) The food, merchandise, or both offered for sale by the sidewalk vendor;

(10) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepackaged or prepared on site, and whether the vendor requires a heating element to prepare the food;

(11) If the vendor is selling merchandise, a description of the merchandise to be sold;

(12) A copy of the health permit required for any sidewalk vendors selling food, as required by Chapter 8.16 of this code, or any successor chapter;

(13) Proof of possession of a valid California Department of Tax and Fee Administration seller's permit, which shall be maintained during the pendency of the sidewalk vendor's permit;

(14) Proof that the sidewalk vendor has comprehensive general liability insurance with minimum policy limits of $1,000,000 per occurrence for bodily injury, personal injury, and property damage. Such insurance shall name the City of Corona, its officers and employees as an additional insured. If the sidewalk vendor is an agent or employee of another person, the sidewalk vendor's employer shall procure and maintain the insurance required by this division and sidewalk vendor shall provide proof of such insurance.

(15) A copy of a current and valid business license issued pursuant to Chapter 5.02 of this code. If the sidewalk vendor is an agent or employee of another person, the sidewalk vendor's employer shall obtain the business license required by this division.

(16) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws;

(17) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct;

(18) An agreement by the sidewalk vendor to defend, indemnify, 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 sidewalk vendor activities of the sidewalk vendor. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' 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 bringing such proceeding;

(19) An acknowledgment that the sidewalk vendor's use of public property is at their own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vendor activities, and the sidewalk vendor uses public property at his or her own risk;

(20) An acknowledgment by the sidewalk vendor that he or she will obtain and at all times during the duration of the permit, maintain any insurance of such types and in such amounts as required by the city's risk manager; and

(21) Any other relevant information required by the Director.

(C) Application and permit fees. Each application for a sidewalk vendor permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Permit issuance. Within 30 calendar days of receiving a complete application, the Director shall issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:

(1) The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace, health, safety or general welfare;

(2) The conduct of the sidewalk vendor will not unduly interfere with normal governmental or city operations, threaten to 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 vendor;

(3) The conduct of the sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;

(4) 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;

(5) The sidewalk vendor has not had a permit issued pursuant to this chapter revoked within the preceding 12 months;

(6) The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the city in the application process;

(7) The sidewalk vendor has paid all applicable fees;

(8) The sidewalk vendor's sidewalk vending activity, as described in the application, is consistent with the standards, conditions and requirements of this chapter;

(9) The sidewalk vendor has provided all documentation and information required by § 5.35.030(B);

(10) The sidewalk vendor possesses all state and local permits necessary for the sidewalk vending activity; and

(11) The sidewalk vendor has not received more than two administrative citations for violations of this chapter within the preceding 12 months.

(B) Transferability. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter.

(C) Term of permit. A permit issued pursuant to this chapter shall automatically expire one year from the date issued.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Grounds for suspension or revocation. A sidewalk vendor permit issued under this chapter may be suspended or revoked by the Director, at his/her discretion, after four instances of engaging in sidewalk vendor activities in violation of the standards contained this chapter.

(B) Notice of suspension or revocation. Notice of the suspension or revocation of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

(C) Subsequent permits after revocation. No person whose sidewalk vendor permit has been revoked pursuant to this chapter shall be issued a sidewalk vendor permit for a period of two years from the date revocation becomes final.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

All sidewalk vendors are subject to the following operating requirements when conducting sidewalk vendor activities:

(A) Food and merchandise storage. All food and merchandise shall be stored within the display area of the sidewalk vendor receptacle or carried by the sidewalk vendor. If affixed to the sidewalk vending receptacle, the overall space taken up by the sidewalk vending receptacle shall not exceed the size requirements provided in this section.

(B) Display of permits. The sidewalk vendor permit shall be conspicuously displayed at all times on the sidewalk vending receptacle. If the sidewalk vendor is working as roaming sidewalk vendor, the sidewalk vendor shall show their permit in a conspicuous manner. If the sidewalk vendor sells food, the health permit required by Chapter 8.16 of this code shall also conspicuously displayed at all times on the sidewalk vending receptacle.

(C) Unattended receptacles. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vendor activities. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five feet of the sidewalk vending receptacle when conducting sidewalk vendor activities.

(D) Receptacle storage. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.

(E) Inspection of receptacles. All sidewalk vendors shall allow an enforcement officer at any time, to inspect their sidewalk vending receptacle for compliance with the size requirements of this chapter and to ensure the safe operation of any heating elements used to prepare food.

(F) Dimension of receptacles or display area. Sidewalk vending receptacles or the display area shall not exceed a total area of 50 square feet and a height of six feet.

(G) No motorization. No sidewalk vending receptacle shall be motorized.

(H) Trash containers. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trash cans. The size of the vendor's trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their sidewalk vendor activities.

(I) Accessible pathway. Sidewalk vendors shall maintain a minimum four foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.

(J) Noise standards. Any noise originating from or associated with a sidewalk vendor conducting sidewalk vendor activities shall not exceed 65 decibels as measured within a ten foot radius of the sidewalk vending receptacle.

(K) Approaching customers. Sidewalk vendors shall not approach persons to sell food or merchandise and shall not interfere in any way with another person engaged in an activity to sell food or merchandise.

(L) Customers in vehicles. Sidewalk vendors shall not engage in sidewalk vendor activities or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.

(M) Clean sidewalk. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vendor activities that falls on public property. Sidewalk vendors shall not leave any location without first picking up, removing and disposing of all trash or refuse from their sidewalk vendor activities.

(N) Signage. All signage and advertising related in any way to the sidewalk vendor shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor's person. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated sign.

(O) Other encroachments on sidewalk. Sidewalk vendors shall not cause, allow, or maintain an ancillary use such as tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction with the sidewalk vendor activities beyond the display area of the sidewalk vending receptacle.

(P) Hours of operation. All sidewalk vendors, regardless of whether a roaming sidewalk vendor or a stationary sidewalk vendor, are prohibited from conducting sidewalk vendor activities from 7:00 p.m. to 8:00 a.m. daily in residential zones. Sidewalk vendors may engage in sidewalk vendor activities in non-residential zones consistent with the hours of operation of the businesses on the same block frontage, and in parks during the hours that the park is open pursuant to § 5.35.080.

(Q) No attachments. Sidewalk vending receptacles 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, trees, trash cans, or traffic barriers.

(R) Cooking equipment. Sidewalk vendors shall only use portable cooking equipment or heating element as approved by the Riverside County Department of Environmental Health.

(S) Roaming sidewalk vendors. Roaming sidewalk vendors shall keep moving except when completing a transaction and shall not engage in sidewalk vendor activities on one block frontage of a street for more than one hour in any four hour period.

(T) Prohibited activities. Sidewalk vendors shall not engage in any of the following activities:

(1) Rent merchandise to customers;

(2) Display or advertise merchandise or food that is not available for immediate sale;

(3) Sell live animals, alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine or any product used to smoke or vape nicotine or cannabis;

(4) Use any water lines, gas lines, electrical outlet or power source located on public property or owned by the city or another person other than the sidewalk vendor;

(5) Continue to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the sidewalk vendor to leave or after the person has declined the offer to purchase food or merchandise;

(6) Knowingly make any false statements or misrepresentations during the course of offering food or merchandise for sale;

(7) Block or impede the path of the person(s) being offered food or merchandise to purchase;

(8) Make any statement, gesture, or other communication which a reasonable person in the situation of the persons(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;

(9) Touch the person(s) being offered food or merchandise without that person(s) consent;

(10) Place their sidewalk vending receptacles or any ancillary items belonging to or associated with the sidewalk vendor's sidewalk vendor activities within any of the prohibited locations described in § 5.35.070(A);

(11) Use any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the sidewalk vendor's permit;

(12) Physically alter or otherwise damage the sidewalk;

(13) Fasten or affix any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any public property.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Prohibited locations. Sidewalk vendors shall not engage in sidewalk vendor activities at any of the following locations:

(1) Within 18 inches of any curb face on all roads.

(2) On any designated emergency vehicle accessway.

(3) Any public property that does not meet the definition of a sidewalk including, without limitation, any public or private alley, street, roadway or parking lot.

(4) Within, 200 feet of:

(a) An area designated for a special event for the limited duration of the special event;

(b) Activities that are permitted by an encroachment permit for the duration of the encroachment permit; or

(c) An area covered by a film permit issued pursuant to Chapter 17.97 of this code for the limited duration of the film permit.

(5) On any private property without the express written consent of the owner or lessee of the property.

(6) On the same block frontage as another sidewalk vendor.

(7) Within 50 feet of a street corner as measured in a straight line from the end of the curve at the corner.

(8) Within 500 feet of a freeway on and/or off ramp measured in a straight line along the street frontage from the end of the curve at the comer adjacent to the on and/or off ramp and disregarding any intersecting or intercepting street.

(9) Within 200 feet of a school, a place of worship, or a child day-care facility.

(10) Within 200 of a permitted certified farmers' market or swap meet during the limited operating hours of that certified farmers' market or swap meet.

(11) On sidewalks that do not have a minimum width of five feet.

(12) Within 25 feet of a:

(a) Entrance or exit to a building, structure or facility;

(b) Curb which has been designated as yellow or red zone, or a bus zone;

(c) Traffic signal support post;

(d) Fire hydrant;

(e) Automated teller machine;

(f) Driveway opening;

(g) Trash or recycling receptacles, bike racks, benches, bus stops or similar public use items; and

(h) Public art objects, items, and displays.

(13) On sidewalks that would violate provisions of this code relating to visibility requirements for streets, alleys, driveways, and intersections.

(14) Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vendor activities on sidewalks adjacent to local residential streets.

(15) On any sidewalk with a gradient in excess of 10%.

(16) Within 200 feet of any public safety facility, including, without limitation, police stations, and fire stations.

(17) On any sidewalk where the sidewalk vending receptacle and queuing patrons would reduce clearance to less than four feet.

(18) On any sidewalk where the sidewalk vending receptacle and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

(19) On any sidewalk where the sidewalk vending receptacle and queuing patrons would jeopardize the fire or life safety of any person.

(20) On any private property whereon a sign bearing the following words or words of similar meaning is painted, affixed or exposed to public view:

(a) "No Solicitors";

(b) "No Soliciting"; or

(c) "No Trespassing".

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Sidewalk vendor activities by stationary sidewalk vendors is prohibited in any park with a concession stand operated by a vendor selling food or merchandise under exclusive contract with the city.

(B) Roaming sidewalk vendors shall not conduct sidewalk vendor activities within 50 feet of any portion of a park with a concession stand operated by a vendor selling food or merchandise under exclusive contract with the city.

(C) Sidewalk vendors shall cease sidewalk vendor activities at least one hour prior to park closure.

(D) Sidewalk vendors shall remain on sidewalks while engaging in sidewalk vendor activities in a park.

(E) Aside from the prohibited sidewalk vending activity identified in division (A) and in addition to the operating requirements and standards contained in § 5.35.060 and § 5.35.070, sidewalk vendors shall comply with the following additional standards:

(1) The sidewalk vendor shall not block access to any park equipment, playing field or park amenity.

(2) The sidewalk vendor shall not engage in sidewalk vendor activities within 100 feet of a field or court that is actively being used for sports (e.g., baseball field while baseball being played).

(3) The sidewalk vendor shall not engage in sidewalk vendor activities within 100 feet of any community building or structure, water feature or splash pad, restroom entrance, playground, or play equipment.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative fine and rescission provisions:

(B) Any violation of this chapter may be punished by:

(1) An administrative fine not exceeding $100 for a first violation;

(2) An administrative fine not exceeding $200 for a second violation within one year of the first violation; and

(3) An administrative fine not exceeding $500 for each additional violation within one year of the first violation.

(C) If a sidewalk vendor cannot present the enforcement officer with a proof of a valid sidewalk vendor permit, the sidewalk vendor may be punished by:

(1) An administrative fine not exceeding $250 for a first violation;

(2) An administrative fine not exceeding $500 for a second violation within one year of the first violation; and

(3) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.

(D) Upon proof of a valid sidewalk vendor permit issued pursuant to this chapter, the administrative fines set forth in division (C) shall be reduced to the administrative fines set forth in division (B), or any successor sections.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Authority to impound. An enforcement officer may impound a sidewalk vendor's sidewalk vending receptacle, food, or merchandise that:

(1) Reasonably appear to be abandoned on public property; or

(2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (i) operates in violation of this chapter; and (ii) refuses to remove their sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer; or

(3) 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 sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer; or

(4) Is (i) creating an imminent and substantial safety or environmental hazard by the location of the sidewalk vending receptacle or the nature of the goods being offered for sale, and (ii) refuses to remove the sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer.

(B) Immediate disposal of perishable items. The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.

(C) Impound fee. A sidewalk vendor may recover impounded materials that have not been disposed of pursuant to division (B) above upon demonstrating proper proof of ownership and paying all applicable impound fees as established by resolution of the City Council.

(D) Notice of impoundment.

(1) The enforcement officer shall provide the sidewalk vendor with a receipt and instructions for the retrieval of the impounded materials. The receipt and instructions shall either be given to the sidewalk vendor at the time the enforcement officer impounds the materials or immediately mailed, by first-class mail, to the sidewalk vendor provided the sidewalk vendor's name and contact information are provided to the enforcement officer.

(2) The receipt and instructions shall notify the sidewalk vendor that the impounded materials must be claimed within 90 days after the enforcement officer impounds the materials or the impounded materials will be disposed of in accordance with state law.

(3) If the owner or person responsible for unattended or abandoned items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period and location the items were observed, the circumstances supporting the enforcement officer's finding that the items were unattended or abandoned, any reasonable attempt to locate the owner of such items, including refusal to provide identification, a complete description of such items, including any items that were immediately disposed of pursuant to division (B) above. This document shall be maintained by the city with any impounded property.

(E) Forfeiture of impounded materials. Any unclaimed impounded materials will be considered abandoned and forfeited to the city after 90 days following impoundment and disposed of in accordance with state law.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)

(A) Decisions to deny, suspend or revoke a sidewalk vendor permit or to impound a sidewalk vending receptacle, food and/or merchandise may be appealed by any interested person pursuant to Chapter 1.09 of this code and shall be accompanied by a fee as established by resolution of the City Council.

(B) Decisions to impose administrative fines may be appealed by any interested person pursuant to § 1.08.160 of this code, provided that a person appealing an administrative fine is not required to pay the administrative fine as a prerequisite to filing an appeal.

(1) If an administrative fine is the subject of an appeal, the hearing officer shall take into consideration the person's ability to pay the fine. The hearing officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at or before the hearing or while the administrative fine remains unpaid.

(2) If the person meets the criteria described in subdivision (a) or (b) of Government Code § 68632, or any successor section, the hearing officer shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to this chapter.

(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)