Hemet Municipal Code Art. V Mobile Food Units

Footnotes:

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Editor's note— Ord. No. 1474, §§ 1—4, 6, 7, adopted May 11, 1993, regulating certain mobile food units, did not specify manner of codification; hence, such provisions were designated by the editor as Art. V, §§ 34-116—34-121. Sec. 5 of the ordinance pertaining to severability was omitted as being covered by § 1-5 of this Code.

Cross reference— Traffic and vehicles, Ch. 78; zoning, Ch. 90.

The council hereby finds and declares that the unrestricted sale or distribution or the offering for sale or distribution of food, beverages, merchandise or services from vehicles or mobile food units within or upon public streets, sidewalks and rights-of-way, public property or in the vicinity of school buildings, under certain circumstances, constitutes a danger to public safety because of the likelihood of injury to pedestrians thereby exposed to hazards from other vehicular traffic in the vicinity. The council further finds that the unauthorized use of public property for private commercial activity constitutes a misuse of public property and tax money and that similar activity on private property when not in conformity with health safety, zoning and land use regulation is contrary to the public welfare.

(Ord. No. 1474, § 1, 5-11-93)

[For the purposes of this article:]

(1) The terms vehicle, street, and highway are defined by the Vehicle Code of California.

(2) Public property shall mean any real property owned or controlled by or leased or assigned to a governmental entity excluding such property as had been leased out by that entity for nongovernmental purposes. It shall also include unimproved streets and rights-of-way or similar easements for public access and use over which the public entity has a legal interest or right of control other than a publicly maintained street or highway.

(3) The term mobile food unit is any non-self-propelled or non-motorized vehicle or similar vending device.

(4) Public school shall refer to any public elementary school, middle school, junior high school or high school as defined in the Education Code of California.

(Ord. No. 1474, § 2, 5-11-93)

(a) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle on a street or highway unless the vehicle is first lawfully parked or stopped and then remains for no longer a period of time than is necessary to complete the immediate sale. An operator is considered to be engaged in an "immediate sale" when there are patrons waiting in line for service. Operators of such vehicles shall maintain a minimum clear space of ten feet both in front of and behind the vehicle to allow for pedestrian safety and safe sight distance for approaching motorists. No sales or distribution shall be made when the designated minimum clear space of ten feet does not exist.

(b) No food or beverage shall be sold or distributed or offered for sale or distribution from a mobile food unit on a street or highway, on public property or upon a sidewalk without a permit from the city manager or designee authorizing such sale or distribution.

(c) No food, beverage, merchandise or service shall be sold or distributed or offered for sale or distribution, whether from a vehicle or otherwise, upon public property without the authorization of the public entity.

(d) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle or mobile food unit on private property without the express written consent of the owner or lessee of the property and except in conformity with health, safety, zoning and land use regulations or permits pertaining to the site from which the sale or distribution is conducted.

(e) No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a vehicle within 500 feet from any public school property, measured in a straight line to the nearest point of the school property, between 7:00 a.m. and 4:00 p.m. on regular school days, except in a designated commercial loading zone in conformity with applicable restrictions thereto or except on private property with the express written consent of the owner or lessee of the property and in conformity with health, safety, zoning and land use regulations and permits pertaining to the site from which the sale or distribution is conducted.

(Ord. No. 1474, § 3, 5-11-93)

It shall not be a defense to a violation of this section that the violator or the violator's principal or agent had been issued a city business license or paid a city business tax or that a governmental permit had been issued unless such permit authorized the permit holder to conduct the activity at a designated location or locations under specified times and/or conditions and such sales or distribution activity was in conformity with those terms and conditions.

(Ord. No. 1474, § 4, 5-11-93)

Nothing in this section shall be deemed to excuse compliance with any law or regulation pertaining to health, zoning, public safety or land use under applicable state law or the municipal code, including the issuance of any permits thereunder.

(Ord. No. 1474, § 6, 5-11-93)

Violation of this article shall be a misdemeanor.

(Ord. No. 1474, § 7, 5-11-93)