§ 5-31

The City Council 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 chapter 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. The activities of sidewalk vendors, who set up stands on sidewalks or move from place to place as a roaming vendor, have the potential for vendors to engage in illegal activities, including but not limited to the sale of illegal substances or merchandise and the sale of counterfeit products, and many sidewalk vendors sell products which are targeted towards and purchased by children, which necessitates background checks for vendors to assure that any past improprieties are disclosed to the permitting authority and in order to ensure the safety of residents and the merchantability of products sold by vendors without fixed places of business. The activities of sidewalk vendors also have the potential to cause injury to persons or property by the manner in which they are sited, or by their movement on sidewalks that are otherwise used by the traditionalactivities of pedestrians and vehicles on adjacent streets for access, transport, delivery of merchandise to local businesses, exercise and related activities. As sidewalk vending activities have significant potential to be physically incompatible with the general public's traditional use of sidewalks, reasonable regulations, including siting restrictions, are necessary to protect the public health, safety and welfare to ensure sidewalks are safe and passable, especially for pedestrians and the physically disabled. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019)

For purposes of this chapter, the following definitions apply: (a) "Certified farmers' 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. (b) "City" means the City of Ontario. (c) "Park" means a public park owned by a governmental entity. (d) "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(e) "Sidewalk vendor or vending" means a person who sells, offers to sell, or takes orders for food or merchandise, or 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, or directed towards pedestrians upon, a public sidewalk or other pedestrian path. (f) "Stationary sidewalk vendor or vending" means a sidewalk vendor who vends from a fixed location. (g) "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. (h) "Temporary event permit" means a permit issued by the City of Ontario for temporary uses (i.e. special event permits, temporary use permits, film permits, or park reservations). (i) "Downtown" means non-residential areas bounded to the west by N. Palm Avenue, to the north by G Street, to the east by N. Lemon Avenue, and to the south by Emporia Street. (j) "Event Day" means the calendar day of any concert, trade show, conference, sporting event, or any other event potentially attracting large numbers of persons and vehicles to the venue. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019)

(a) Except as provided in subsection (b) below, it is unlawful for any person to engage in the business of sidewalk vendor or vending, or to go from door to door or home to house or street to street for the purpose, direct or indirect, and whether or not the same is the sole purpose, of vending, without first obtaining a permit and paying the applicable fees as provided in this chapter. (b) The persons and entities listed below shall not be required to obtain the sidewalk vendor permit required by subsection (a) above, however, nothing in this subsection (b) shall relieve those persons and entities listed below from any other provision of this Chapter or Code, including, but not limited to, the provisions of Chapter 1 of Title 3 related to Business Licensing Regulations. (1) Persons soliciting orders from, or selling to, retail dealers for use, or for resale or to manufacturers for processing; (2) Public agencies, such as federal, state or local agencies supported by tax funds; (3) Any person operating a regular delivery route from a non-fixed location with deliveries not less than once a week for newspapers, dairy products, or for laundry or dry-cleaning services; (4) Persons delivering or soliciting for a newspaper of general circulation; (5) Licensed real estate persons; (6) Persons solely distributing literature, writings or merchandise which seek to inform or persuade the listener to support particular causes or particular views on economic, political or social issues; (7) Persons solely soliciting signatures for referenda, recall, initiative, candidates for public office or similar electoral processes; and (8) Persons soliciting funds for any religious, patriotic, philanthropic, social service, environmental, fraternal, or charitable purposes. (c) The "Executive Director of Finance or their designee" shall prescribe the forms and procedures for applications for a permit under this chapter. The forms shall indicate the fee for the application, the fee for the permit and the insurance requirements of this chapter, if any. The application shall be verified and shall set forth: (1) The full name, current mailing address and phone number of the applicant; (2) A brief description of the nature of the business and the goods to be sold; (3) If the vendor is an agent of an individual, company, partnership, or corporation, the name and address of the employer and the name and address of any local or State office or manager, together with credentials establishing the

exact relationship: (4) The proposed operating hours of the applicant; (5) A general description of the location or area the sidewalk vendor intends to operate; (6) Evidence that the applicant has their photograph and fingerprints on file with the Police Department; and (7) A statement as to whether the applicant has been convicted of any crime, misdemeanor, or violation of any municipal law, the nature of the offense, and the punishment or penalty assessed therefor. (8) Other information the "Executive Director of Finance or their designee" deems necessary to process the application. (d) The "Executive Director of Finance or their designee" shall refer the completed application for the permit required by this chapter to the appropriate City officials for investigation and report as necessary. The "Executive Director of Finance or their designee" shall issue or deny the permit within thirty (30) days following such investigation and reports. Each permit so issued shall state on the face thereof the date of expiration. (e) A permit may be denied and/or revoked by the "Executive Director of Finance or their designee" on the following grounds: (1) The applicant, employee or agent has been convicted of a felony or misdemeanor involving bodily injury to persons, theft, fraud or misrepresentation; (2) The applicant has violated the provisions of this chapter or any other provision of this Code; (3) The applicant's permit has been previously revoked as provided in this chapter; or (4) The applicant has provided false information on the permit application. (5) The applicant has failed to pay the application permit fee. (f) The "Executive Director of Finance or their designee" shall notify the applicant of the denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than ten (10) days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in subsection (k) below. (g) All permits issued under this chapter shall be in the form of an identification card, which shall include a photo of the permittee, in a format prescribed by the "Executive Director of Finance or their designee". (h) Every sidewalk vendor issued a permit shall display the same on their person and provide the same on request to any person or persons they deal with, to any police officer or to any designated City official. It shall be unlawful for any person other than the permittee to use or wear any permit issued under the provisions of this chapter. (i) All applications for permits under the provisions of this chapter shall be accompanied by an application fee as may be set from time to time by the City Council. No application fee paid under this chapter shall be refunded. All original permits and renewals granted under this chapter shall also require a fee as may be set from time to time by the City Council. All permits issued under the provisions of this chapter shall be valid for up to two (2) years depending on the City’s internal administrative processing schedule. A permit may be renewed by the timely payment of a renewal fee prior to the expiration of the permit as may be set from time to time by the City Council. All permits shall cease and terminate thirty (30) days after the default of payment. Any permit that has terminated pursuant to this chapter shall require the filing of a new application for a permit under this chapter. Such fees shall be established by resolution of the City Council. (j) Whenever it is shown that any person to whom a permit has been issued has caused, permitted, aided, abetted, suffered or concealed a violation any of the provisions of this chapter four (4) o more times within one (1) year, the "Executive Director of Finance or their designee" shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension. The notice must contain a statement of the facts upon which the

"Executive Director of Finance or their designee" has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in subsection (k) below. (k) Any person aggrieved by the determination of the "Executive Director of Finance or their designee" to deny the issuance of a permit or to suspend or revoke a permit may appeal such decision to the City Manager or their designee. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny, suspend, or revoke a permit final. The City Manager or their designee shall set a time and place for a hearing on the appeal within ten (10) days of the filing of the appeal. The determination of the City Manager or their designee following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager or their designee shall be final and conclusive. (§ 2, Ord. 3146. eff. December 19, 2019, as amended by § 2, Ord. 3201, eff. February 17, 2022)

(a) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City. (b) Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the following: (1) The sidewalk vendor can set up vending operations while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and (2) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and (3) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces or building windows; and (4) No vending shall occur within ten (10) 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 (5) No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors' vending activities; and (6) The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and (7) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and (8) No vending shall occur within five hundred (500) feet of a certified farmers' market, a swap meet, construction-related street or lane closure, filming location, the Ontario International Airport, or an event held pursuant to a temporary event permit; and (9) No vending shall occur within five hundred (500) feet of the City-owned arena located at 4000 East Ontario Center Parkway, Ontario, CA 91764, the Ontario Convention Center, or Ontario Town Square on event days; and (10) No vending shall occur in downtown commercial areas where there is a likelihood of overcrowding on the sidewalk or overcrowding of parking, such as, but not limited to with the potential of causing pedestrian and traffic safety issues; and (11) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and (12) No vending shall occur within five hundred (500) feet of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and

(13) No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and (14) No vending shall occur within two (2) feet of any existing subsurface utility box, valve, or vault; and (15) No vending shall occur within twenty (20) feet of another vendor; and (16) No vending shall occur within three (3) feet of bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and (17) No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and (18) No vending shall occur within twenty (20) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019)

(a) Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise. (b) Sidewalk vendors may operate in parks provided they meet the following: (1) For stationary sidewalk vending, the sidewalk vendor can set up vending operations while still leaving a minimum of thirty-six inches (36") of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and (2) The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and (3) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and (4) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and (5) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit; and (6) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the comer of a street or highway; and (7) The sidewalk vendor does not cause an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park or necessary to endure the public's use and enjoyment of natural resources and recreational opportunities or regulations directly related to objective health, safety or wellness concerns; and (8) No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019 and § 3, Ord. 3201, eff. February 17, 2022)

(a) Roaming sidewalk vendors shall meet the following:

(1) Sidewalk vending hours for residential zones shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. weekdays and 9:00 a.m. and 5:00 p.m. on the weekends; and (2) The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and (3) The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and (4) The sidewalk vendor does not conduct sales from a public street; and (5) No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the comer of a street or highway; and (6) No vending shall occur within five hundred (500) feet of a certified farmers' market, a swap meet, construction-related street or lane closure, filming location, the Ontario International Airport, or an event held pursuant to a temporary event permit; and (7) No vending shall occur within five hundred (500) feet of the City-owned arena located at 4000 East Ontario Center Parkway, Ontario, CA 91764, the Ontario Convention Center, or Ontario Town Square on event days; and (8) No vending shall occur in downtown commercial areas where there is a likelihood of overcrowding on the sidewalk or overcrowding of parking areas, with the potential of causing pedestrian and traffic safety issues; and (9) No vending shall occur within five hundred (500) feet of any school; any postsecondary educational facility attended by secondary pupils; or any private kindergarten, elementary, or secondary school facility; and (10) No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and (11) No vending shall occur within two (2) feet of any existing subsurface utility box, valve, or vault; and (12) No vending shall occur within twenty (20) feet of another vendor; and (13) No vending shall occur within three (3) feet of bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including but not limited to benches and bike racks; and (14) No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots, alleys, or bikeways; and (15) No vending shall occur within twenty (20) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019)

(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter. Pursuant to California Government Code Section 51039, a violation of this chapter shall by punished by: (1) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (2) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation. (3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) 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 two hundred fifty ($250) dollars for a first violation.

(2) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation. (3) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) 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 Chapter shall be reduced to the administrative fines set forth in subsection (a), respectively. (d) The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the City. (e) Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed. (f) Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law. (g) When assessing an administrative fine pursuant to this chapter, 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, twenty (20) percent of the administrative fine imposed pursuant to this chapter. (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 SB 946 had SB 946 been in effect at the time of the offense, may petition 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 City's or county's ability to enforce County Health Department codes and regulations. (§ 3, Ord. 3123, eff. December 18, 2018, as amended by § 2, Ord. 3146, eff. December 19, 2019 and § 4, Ord. 3201, eff. February 17, 2022)

CHAPTER 32: CITY LIBRARIES, MUSEUM OF HISTORY AND ART, AND RECREATION AND COMMUNITY SERVICES COMMUNITY FACILITIES RULES

CHAPTER 32: CITY LIBRARIES, MUSEUM OF HISTORY AND ART,

AND RECREATION AND COMMUNITY SERVICES

COMMUNITY FACILITIES RULES

5-32.01 Purpose; findings 5-32.02 Definitions 5-32.03 Codes of conduct 5-32.04 Penalties