Fontana Municipal Code Art. XVII Sidewalk Vending

Footnotes:

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Editor's note— Ord. No. 1789, § 5, adopted February 12, 2019, repealed the former Art. XVII, §§ 15-818—15-820, and enacted a new Art. XVII as set out herein. The former Art. XVII pertained to solicitation on public rights-of-way and derived from Ord. No. 1122, adopted August 2, 1994.

The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this article is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. 1789, § 5, 2-12-19)

For purposes of this article the following definitions apply:

Certified famers' 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.

City means the City of Fontana.

Director means the management services director or his or her designee.

Fixed location means any location at which a sidewalk vendor is located for more time than is necessary to complete a transaction.

Immediate vicinity means the lot on which the subject activity is occurring, or with respect to activities occurring within the public right of way, the area within 100 feet from the outer border of the subject right of way.

Other pedestrian path means a paved path owned by the city and held open for pedestrian travel that provides public access between two points and contains a minimum of 14 feet of width that is other than a sidewalk.

Park means a public park owned or operated by the city.

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

Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, specifically designed for pedestrian travel that is owned in fee or held as an easement by the city or other public entity.

Sidewalk vendor means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet 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 article.

Temporary special permit means a permit issued by the city 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. Without limiting the nature of the foregoing, the following permits shall be deemed to be temporary special permits, when issued for such any of the foregoing locations: food truck event permit (section 15-928) and temporary use permit (section 30-89).

(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20)

(a) All sidewalk vendors shall obtain a sidewalk vending permit from the city's business license department prior to engaging in any sidewalk vending activities. All of the following information shall be required:

(1) Name, current mailing address, and phone number of the vendor, any person(s) who will be in charge of any sidewalk vending and/or be responsible for the person(s) working at the sidewalk vending location, and any person(s) that will be employed as roaming sidewalk vendors.

(2) A description of the merchandise/goods to be offered for sale or exchange.

(3) The days and hours of operation.

(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.

(5) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor, which notes that the city is a location or sub-location, which permit shall be maintained for the duration of the vendor's permit.

(6) If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

(7) If preparing or selling food, a copy of the county health department health permit issued to the vendor and, if applicable, to the transport vehicle.

(8) For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act, which site plan shall be approved by the planning division in consultation with the engineering department.

(9) For stationary sidewalk vendors, a public liability policy, including products liability insurance, issued by an insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with the applicant's activities. All insurance companies affording coverage shall be required to add the city as an additional insured under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverage in compliance with this article shall be supplied to the city prior to issuance of the permit.

(10) If the sidewalk vendor will be selling food, a statement as to whether the food will be prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element.

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

(12) A certification that, to the applicant's knowledge and belief, the information contained in the application is true.

(13) An agreement by the 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever that 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, 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.

(14) An acknowledgment by the vendor that the use of public property is at the vendor's own risk, that the city does not undertake any steps to ensure public property is safe or conducive to sidewalk vending activities, and the sidewalk vendor uses public property at his/her own risk.

(15) An acknowledgement by the vendor that the vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by this chapter.

(16) Proof of payment of the applicable business license tax.

(17) Any other relevant information required by the director permitted by state law.

(b) At the time the application or renewal application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution or motion of the city council.

(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1981, § 2, 1-13-26)

(a) Upon receipt of a properly completed and filed sidewalk vendor permit application and payment of the applicable permit processing fee, the director shall conduct a preliminary investigation to determine compliance with this article and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The director shall provide the applicant with written notice of his or her decision to the address indicated in the application.

(b) The director may deny an application for a permit if he or she makes any of the following findings:

(1) The applicant has failed to pay the application permit fee.

(2) The applicant has one or more material misstatements in the application for a permit.

(3) The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this article.

(4) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

(c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application for.

(d) If the director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

(e) Exemptions. A sidewalk vending permit shall not be required for the following activities:

(1) The sale of agriculture products on the site where the product is grown.

(2) Catering for private parties held exclusively on private property and not open to the general public.

(3) Events permitted pursuant to a lawfully issued temporary event permit including, but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

(f) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. Renewal applications must be submitted 30 days prior to expiration of the permit.

(g) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1981, § 2, 1-13-26)

(a) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city, including, the residential estates (R-E), single-family residential (R-1), medium-density residential (R-2), multiple-family residential (R-3), multiple-family medium/high density residential (R-4), multiple-family high density residential (R-5), residential planned community (R-PC), and any zone within any specific plan that permits residential uses.

(b) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet all of the following:

(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and

(2) The sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

(3) Sidewalk vending hours shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m. of every day; and

(4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

(5) The sidewalk vendor location does not block any entrance to any building, driveway, parking space or building window; and

(6) No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

(7) The sidewalk vendor shall not solicit in violation of section 15-819 of this Code; and

(8) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

(9) The vendor shall not attach or use any water line, electrical line, or gas line during vending operations; and

(10) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

(11) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary special permit for the duration of the special event, and within one-half hour before and one-half hour after the time such event is taking place; and

(12) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales.

(13) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.

(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20)

(a) Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any city park when the city or operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire or within the immediate vicinity of a permitted certified farmer's market or a permitted swap meet during the operating hours of that certified farmer's market or swap meet.

(b) Subject to the standards contained in section 15-822(b), sidewalk vendors may operate in city parks provided they meet the following:

(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and

(2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

(3) The sidewalk vendor shall cease operations one hour prior to the close of the park. City parks are closed between the hours of 10:00 p.m. and 7:00 a.m.; and

(4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

(5) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

(6) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit; and

(7) Only roaming sidewalk vendors shall be allowed in city parks with no concession stand operated by a vendor under exclusive contract with the city; and

(8) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales in or near city parks and certified farmers' markets; and

(9) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

(10) No sidewalk vending shall be allowed in, on or along the Pacific Electric Trail; and

(11) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.

(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20)

(a) Roaming sidewalk vendors shall meet all of the following requirements:

(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and

(2) Sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 a.m. and 8:00 p.m.; and

(3) In nonresidential zones, sidewalk vending shall be conducted at any time during which any other business or use on the same street may lawfully operate. For purposes of the foregoing, "the same street" shall mean that portion of the street on which the sidewalk vending is occurring, and extending in both directions to the nearest intersections in each direction; and

(4) The sidewalk vendor maintains the temporary vending area in a clean, orderly, and sanitary condition; and

(5) The sidewalk vendor does not block any entrance to any building, driveway, parking space, or building window; and

(6) The sidewalk vendor does not conduct sales from a public street, including the median portion of any street; and

(7) The sidewalk vendor does not solicit in violation of section 15-819 of this Code; and

(8) No vending shall occur within the immediate vicinity of a certified farmers' market, a swap meet, or an event held pursuant to a temporary event permit; and

(9) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor activity;

(10) No tables, chairs, fences, shade structures, balloons, flags, banners, on-site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities.

(11) The sidewalk vendor must not violate any county health requirements (i.e., may not sell food prepared on site, food requiring refrigeration, or unpackaged and/or opened food; all food and drinks must come from an approved source or from a facility permitted with the county environmental health services).

(Ord. No. 1789, § 5, 2-12-19)

(a) A sidewalk vendor permit issued under this article may be temporarily suspended or permanently rescinded, at the director's discretion, by the director after two or more violations of this article at the director's discretion, for any of the following causes:

(1) Fraud or misrepresentation in the course of vending;

(2) Fraud or misrepresentation in the application for the permit;

(3) Vending in violation of any one or more of the provisions of this article;

(4) Vending in a manner that creates a public nuisance or constitutes a danger to the public; or

(5) Failure to pay the applicable business license tax.

(b) Notice of the suspension or rescission 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) No person whose sidewalk vending permit has been rescinded pursuant to this article shall be issued a sidewalk vending permit for a period of two years following the date revocation becomes final.

(Ord. No. 1789, § 5, 2-12-19)

In the event that any applicant or permittee desires to appeal from any decision, suspension, rescission, or other action of the director made under the provisions of this article, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the city clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The city clerk shall transmit the written statement to the city manager within ten days following its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned.

(Ord. No. 1789, § 5, 2-12-19)

(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this article. A violation of this article shall by punished by:

(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) A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (a), set forth above, be punished by:

(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.

(c) If an individual is subject to subsection (b), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this article shall be reduced to the administrative fines set forth in subsection (a), respectively.

(d) The proceeds of any administrative fines assessed pursuant to this article shall be deposited in the treasury of the city.

(e) Failure to pay an administrative fine assessed under this article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this article shall not be assessed.

(f) Any violation of this article shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this article shall not be subject to arrest except when otherwise permitted under law.

(g) When assessing an administrative fine pursuant to this article, the adjudicator shall take into consideration the person's ability to pay the fine. The city 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 adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

(1) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.

(2) The city 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.

(h) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under Senate Bill 946 had Senate Bill 946 been in effect at the time of the offense, may petition the court for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

(i) Nothing contained herein shall be construed to impede the county's or city's ability to enforce county health department codes and regulations.

(Ord. No. 1789, § 5, 2-12-19)

In accordance with applicable rules and regulations, any peace officer or code enforcement officer is authorized to seize as evidence any item used in the commission of a violation of any provision of this article. Seized items shall be removed and stored in accordance with law.

(Ord. No. 1789, § 5, 2-12-19)

(a) Impound means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation.

(b) Impoundment authorization. Any city official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a sidewalk vendor's vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "items") used in violation of this article pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable city, county, or state law for any of the following reasons:

(1) Food displayed, offered, or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.

(2) Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items.

(3) Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable sidewalk vending permit and a city business license.

(4) Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this article; and refuses or fails to provide identification.

(5) Operation in violation of this article and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a city official.

(6) Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

(7) Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or city laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.

(8) Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.

(9) Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this article.

(10) Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any city, county, state, or federal law or regulation excluding this article. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.

(c) Forfeiture impoundment authorization for repeat offenders. The city may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this article two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a city official who issued a notice of violation. An aggrieved repeat offender may appeal a city forfeiture impoundment action pursuant to the procedures set forth in this section.

(d) Disposal authorization. The city may immediately dispose of impounded items that are perishable and/or cannot be safely stored.

(e) Impoundment period of items held by city. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the city for not less than 30, nor more than 60, calendars days from the date of impoundment.

(f) Impoundment notification. Upon impoundment of items under this section, the director or designee shall do all the following:

(1) Take responsibility for the storage, documentation, and disposition of the items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.

(2) Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the city official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken.

(3) If the city official has knowledge that the person from whom the items were taken is not the owner, the director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

a. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable 30 or 60 calendar days, the person may do one of the following.

1. Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

3. Notify the city in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the city to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the city that they are unable to either retrieve the items within the applicable 30 or 60 calendar days, or have an authorized person retrieve the items, the city shall hold the items for not longer than ten additional months, after which time the city may dispose of the items in accordance with the disposal provisions of this Code or any other applicable county or state law.

b. Pursuant to state law, the city shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this article.

(g) Appeal of impoundment. An aggrieved sidewalk vendor may, within 15 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before the city manager or the city manager's designee pursuant to the procedures described in section 15-826 of this article and, if successful in their appeal, may have their Items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.

(h) Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

(i) The city council may by resolution adopt impound fees, which shall reflect the city's personnel, enforcement, investigation, storage, disposal, and impound costs.

(j) Unclaimed items. Any unclaimed items will be considered abandoned and forfeited to the city after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable city, county, or state law.

(k) The director is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this article.

(Ord. No. 1925, § 3, 10-24-23)