Fremont Municipal Code Art. VII Enforcement

For the purpose of enforcing the requirements of this chapter, the permittee shall be responsible for the conduct of all employees, agents, volunteers, and other representatives, while conducting activities for which the permit under this chapter was obtained. (Ord. 06-2021 § 1, 6-15-21.)

No permittee hereunder shall:

(a) Fail to comply with any of the requirements and restrictions set forth in this chapter;

(b) Misrepresent the purpose of, or affiliation of those engaged in, the solicitation or vending;

(c) Continue efforts to solicit from an individual once that individual informs the solicitor or vendor that he does not wish to give anything to or to buy anything from that solicitor or vendor;

(d) Represent the issuance of any permit under this chapter as an endorsement or recommendation of the solicitation or vending;

(e) Ring the bell, knock on the door, or otherwise attempt to gain admittance for the purpose of vending or soliciting at any residence, dwelling or apartment at which a sign is posted stating “No Peddlers Allowed” or “No Solicitation Allowed” or words of similar import indicating that such persons are not wanted on said premises, is painted, affixed or otherwise exposed to public view.

(f) Commit fraud, make misrepresentation or false statement in the course of carrying on the business. (Ord. 06-2021 § 1, 6-15-21.)

Any violation of this chapter may be charged as a civil penalty or administrative citation as provided for in Chapter 1.20. Enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this chapter, including confiscation of merchandise and food for sale, and/or impoundment of the mobile vending vehicle, cart, or trailer. In addition, nothing in this section shall be interpreted to preclude or limit the city from seeking injunctive or other judicial relief. (Ord. 06-2021 § 1, 6-15-21.)

(a) Failure to permanently remove a mobile vending cart, or trailer, other vending equipment or vehicle or group site at the conclusion of each day of activity and/or failure to cease operation as a mobile vending vehicle or group site after the termination, revocation, expiration, or suspension of any permit issued pursuant to this chapter shall constitute a public nuisance, and shall be subject to enforcement and abatement procedures set forth in Chapter 8.60.

(b) When the city manager or his/her designee determines that an individual mobile vending vehicle, cart, or trailer or a group site has been used as an instrument for, or has contributed substantially to, a violation of this chapter, the city manager or his/her designee may deem the violation a public nuisance and issue a notice to abate the mobile vending vehicle, cart, trailer or group site operation pursuant to Chapter 8.60, and direct the responsible party to:

(1) Comply with the notice to abate;

(2) Comply with a time schedule for compliance; and

(3) Take appropriate remedial or preventative action to prevent the violation from recurring. (Ord. 06-2021 § 1, 6-15-21.)