Rancho Mirage Municipal Code Ch. 10.40 Stopping, Standing and Parking Regulations and Restrictions

A. The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control devices.

B. The provisions of this chapter imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the ordinances of the city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times.

(Ord. 52 § 10, 1975)

No person shall stop, stand or park a vehicle within any parkway.

(Ord. 52 § 10.1, 1975)

The city traffic engineer shall have the power and duty to place and maintain or cause to be placed and maintained official traffic-control devices when and as required to make effective the provisions of this chapter.

(Ord. 52 § 10.2, 1975; Ord. 899 § 5, 2005)

No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, of traffic sign or signal:

A. Within any divisional island unless authorized and clearly indicated with appropriate signs or markings;

B. On either side of any street between the projected property lines of any public walk, public steps, street, or thoroughfare terminating at such street, when such area is indicated by appropriate signs or by red paint upon the curb surface;

C. In any area where the city traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface;

D. In any areas established by resolution of the council as a no parking area, when such area is indicated by appropriate signs or by red paint upon the curb surface;

E. On any street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking;

F. At any place within twenty feet of a point on the curb immediately opposite the midblock end of a safety zone, when such place is indicated by appropriate signs or by red paint upon the curb surface;

G. At any place within twenty feet of a crosswalk at an intersection in any business district when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated bus stop;

H. Within twenty feet of the approach to any traffic signal, boulevard stop sign, or official electric flashing device, when such place is indicated by appropriate signs or by red paint upon the curb surface.

(Ord. 52 § 10.3, 1975; Ord. 100 § 69, 1976; Ord. 992 § 3, 2010)

Parking citations or notices of violations, related to charging violations of local or Vehicle Code regulations governing the parking or standing of vehicles, may be issued by any peace officer, by any other employee or agent of the police department or of the city who is duly authorized by the chief of police to do so, by any other person specifically so authorized by some other provision of law, and by any other person specially authorized by the chief of police in writing to do so. Whenever the chief of police delegates such authority to persons other than peace officers, he shall endeavor to see that each such person is adequately instructed regarding the provisions of the parking regulations to be enforced, and the evidentiary prerequisites to proper prosecution for violations thereof. He shall further provide such persons with the same forms of citations or notices of violations as are utilized for the purpose by officers of the police department. Any such persons shall be appropriately instructed to deposit executed citations or notices with the police department for filing with the court, after review for legal sufficiency.

(Ord. 437 § 1, 1989)

No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours.

(Ord. 52 § 10.4, 1975)

No person shall construct or cause to be constructed, repair or cause to be repaired, grease or cause to be greased, dismantle or cause to be dismantled any vehicle or any part thereof upon any public street in the city. Temporary emergency repairs may be made upon a public street.

(Ord. 52 § 10.6, 1975)

No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street in the city, when a charge is made for such service.

(Ord. 52 § 10.7, 1975)

A. The city traffic engineer is authorized to erect signs indicating no parking upon that side of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation.

B. When official signs are erected prohibiting parking upon that side of a street adjacent to any school property, no person shall park a vehicle in any such designated place.

(Ord. 52 § 10.8, 1975)

A. The city traffic engineer is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed twenty feet, or upon one side of a street as indicated by such signs or markings when the width of the roadway does not exceed thirty feet.

B. When official signs or markings prohibiting parking are erected upon narrow streets as authorized in this section, no person shall park a vehicle upon any such street in violation of any such sign or marking.

(Ord. 52 § 10.9, 1975)

No person shall park or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent, within any business or residence district without blocking the wheels of such vehicle by turning them against the curb or by other means.

(Ord. 52 § 10.10, 1975)

A. Street Vending Regulations.

1. Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon, or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within the city except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. This exception shall not apply within a one-thousand-foot radius of any school, both public and private. Standing or parking, as described herein, is prohibited within one thousand feet of any such school. Further, the provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.

2. No person shall park or stand on any street any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy, ice cream or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the city, which may include review by the traffic engineer, which shall designate the specific location in which such cart shall stand.

3. No person shall park or stand any vehicle or wagon used or intended to be used in the transportation or property for hire on any street while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the city which shall designate the specific location where such vehicle may stand.

4. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction for violating any of the provisions of this section, such permit shall be forthwith revoked by the city upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation.

B. Sidewalk Vending Regulations.

1. Purpose. The city finds that the vending of prepared or pre-packaged foods, goods, wares, or services at semi-permanent locations or upon public sidewalks and rights-of-way may cause unsafe conditions and special dangers to the public health, safety, and welfare of city residents and visitors. The purpose of this section is to implement reasonable regulations on both roaming and stationary sidewalk vending meant to 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.

2. Definitions.

"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.

"Pedestrian path"

means a designated path for pedestrians to use instead of other types of traffic, including a walking trail, or nature trail.

"Roaming sidewalk vendor"

means a sidewalk vendor who moves from place to place and stops only to complete a transaction, for a period of time not to exceed ten minutes at any one place.

"Sidewalk vendor"

means a person who sells, offers to sell, operates, engages in, or carries on a food, services, 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 for more than ten minutes.

"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.

3. Prohibitions.

a. No stationary sidewalk vendors may operate or vend in any residential zone;

b. No sidewalk vendor may operate or vend between the hours of 6:00 p.m. and 7:00 a.m.;

c. No sidewalk vendor may operate or vend within one thousand five hundred feet of a permitted certified farmer's market, swap meet, or other area designated for temporary use under an encroachment permit, special event permit, or temporary event permit;

d. No sidewalk vendor may operate or vend within the city without a valid sidewalk vending permit and Business License, as well as any necessary permits or certificates from Riverside County Department of Environmental Health;

e. No sidewalk vendor may leave a cart or display unattended. Carts or displays left unattended are subject to immediate impound and storage;

f. No sidewalk vendor may use privately or publicly owned trash receptacles not owned by the permittee;

g. No sidewalk vendor may illegally dispose of or dump refuse in violation of this code, or discharge solids or liquids onto the street or into a storm drain;

h. No sidewalk vendor may solicit to or conduct business with persons inside of motor vehicles;

i. No sidewalk vendor may vend items or consumables that are not listed on the permittee's application or that the vendor is not permitted to sell;

j. No sidewalk vendor may block entrances to private buildings, private driveways, parking spaces or building windows;

k. No sidewalk vendor may vend 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;

l. No sidewalk vendor may vend within one thousand feet of any school property boundary while children are going to or leaving such school at pickup or drop off times, or during the noon hour or lunch time recess periods;

m. No sidewalk vendor may place tables, chairs, fences, shade structures, other site furniture, or any freestanding signs;

n. No sidewalk vendor may use any water lines, electrical lines, or gas lines not owned by the permittee;

o. No sidewalk vendor may vend from the exposed street, alley, or traffic side of the vending cart;

p. No sidewalk vendor may use or display signs or displays with intermittent flashing, moving, or blinking light, or varying intensity of light or color;

q. No sidewalk vendor may operate or otherwise produce noise in violation of Chapter 8.45 of this code;

r. No sidewalk vendor may operate without a County Department of Public Health permit when required; and

s. No sidewalk vendor may operate in violation of any other generally applicable law.

4. Sidewalk Vending Permits Required. All sidewalk vendors shall obtain a sidewalk vending permit from the city and a business tax certificate prior to engaging in any sidewalk vending activities.

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

a. Catering for private events held exclusively on private property, and not open to the general public;

b. Events permitted pursuant to a lawfully issued temporary use permit or special event permit including, but not limited to, a certified farmers' market, swap meet, street fairs, outdoor concerts, sports league opening days, and commercial business sidewalk sales; and

c. First Amendment protected vending.

5. Sidewalk Vending Permit Application. The following information, as well as payment of the permit processing fee established by separate resolution of the city council, shall be submitted with the application:

a. Name, current mailing address, and phone number of the vendor; and if the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

b. A description of the merchandise or goods to be offered for sale or exchange, and the days and hours of sales;

c. 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;

d. A copy of the vendor's social security card with the number, valid California Driver's license or identification card, or the individual taxpayer identification number issued to the vendor. Any such identification number or license collected shall not be made available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or to comply with a state law or state or federal court order;

e. A copy of the County Health Department permit issued to the vendor if preparing food;

f. If the vendor proposes to be a stationary sidewalk vendor,

i. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches of accessible route area, in compliance with the Americans with Disabilities Act;

ii. If the proposed location is on private property, a copy of written authorization from the property owner;

iii. A letter of confirmation from SoCal Gas that the location for vending is not blocking, impeding access to, or otherwise interfering with gas utility infrastructure;

iv. A traffic control plan addressing both pedestrian and vehicular traffic;

g. A copy of general liability policy naming the city as additional insured in the amount of one million dollars;

h. A statement of waste material plan including identification of waste disposal methods and acknowledgement of penalties for illegal dumping; and

i. A certification signed by the vendor declaring the information contained in the application is true and accurate to the best of their knowledge and belief.

6. Review of Permit Application.

a. The outdoor display site plan shall be approved by the fire marshal, sheriff and city building official to ensure that safety standards are met prior to further review of the application.

b. The traffic control plan shall be approved by the department of public works.

c. The waste material plan shall be approved by the deputy of sustainability for compliance with SB 1383.

d. Upon acceptance of a properly completed and filed sidewalk vendor permit application the director of development services or their designee shall make a determination within thirty days of acceptance to approve or deny the application. Issuance of a permit may be denied for any of the following reasons:

i. The applicant has failed to pay the application permit fee;

ii. The applicant has made one or more material misstatements in the application for a permit;

iii. The applicant does not have a valid social security card or valid California Driver's license; or valid individual taxpayer identification number;

iv. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this section;

v. It is determined that the applicant does not possess all federal, state, county, and local permits and licenses necessary to engage in the activity in which they seek to engage;

e. If the application is denied, the reasons for disapproval shall be noted on the application and the applicant shall be notified that their application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

f. If the director of development services or their designee approves the applicant's permit, they shall endorse their approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

7. Permit Limitations and Conditions.

a. Term of Permit. A sidewalk vending permit issued pursuant to this section shall automatically expire one year from the date issued and concurrent with the applicant's business license.

b. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only for the term stated.

8. Sidewalk Vending Standards of Operation. In addition to the requirements for permits, licenses, and certificates described above, every sidewalk vendor shall be subject to the following operational requirements:

a. Display of Permit. All permits and licenses associated with the sidewalk vendor shall be prominently displayed upon the cart at all times while the vendor is operating;

b. The total size of any vending operation shall not exceed fifteen feet of the sidewalk measured parallel to the roadway, shall not impede pedestrian access to the sidewalk or adjacent businesses, and shall comply with the Americans with Disabilities Act;

c. Outdoor cash registers may not be used;

d. No vendor shall use or display any sign or combination of signs larger than six inches by six inches unless approved and noted on the permit by the director of development services;

e. All items and materials related to the vending operation shall be removed from the right-of-way at the close of the business day;

f. Outdoor display areas shall be kept tidy and free from debris at all times;

g. All food sales shall be conducted in compliance with health department regulations;

h. A litter receptacle shall be made available if food or beverages are sold for immediate consumption;

i. Parking areas shall remain unobstructed at all times;

j. Handicap access requirements shall be demonstrated on the approved site plan. Handicap access shall be maintained at all times;

k. All outdoor sales and displays shall be located within hardscape areas. No merchandise may be displayed in any landscaped area or situated in such a manner as to be detrimental to an existing landscaped area;

9. The following conditions or acts are unlawful and hereby declared to be a public nuisance:

a. Leaving a cart or display unattended. Carts or displays left unattended are subject to immediate impound and storage;

b. Use of privately or publicly owned trash receptacles not owned by the permittee;

c. Discharge of solids or liquids onto the street or into a storm drain;

d. Soliciting to or conducting business with persons inside of motor vehicles;

e. Vending items or consumables that are not listed on the permittee's application or that the vendor is not permitted to sell;

f. Blocking entrances to private buildings, private driveways, parking spaces or building windows;

g. Vending 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;

h. Vending within one thousand feet of any school property boundary while children are going to or leaving such school at pickup or drop off times, or during the noon hour or lunch time recess periods;

i. Placement of tables, chairs, fences, shade structures, other site furniture, or any freestanding signs;

j. Use of any water lines, electrical lines, or gas lines not owned by the permittee;

k. Excessive external storage or display of refuse, equipment, materials, goods, wares, or merchandise;

l. Vending from the exposed street, alley, or traffic side of the vending cart;

m. Operating in a manner which causes delays or obstructions to vehicular or pedestrian traffic;

n. Signs or displays with intermittent flashing, moving, or blinking light, or varying intensity of light or color;

o. Operating without a County Department of Public Health permit when required; and

p. Operating in violation of any other generally applicable law.

10. Suspension and Revocation.

a. A sidewalk vendor permit issued under this section may be suspended or revoked by the director of development services or their designee after four or more violations of this section, at their discretion, and for any of the following causes:

i. Fraud or misrepresentation in the course of vending;

ii. Fraud or misrepresentation in the application for the permit;

iii. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

b. Notice of the suspension or revocation of a sidewalk vendor permit issued under this section shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at their last known address.

c. No person whose sidewalk vendor permit has been revoked pursuant to this section shall be issued a sidewalk vendor permit for a period of two years from the date revocation becomes final.

11. Within ten days after denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek review of such administrative action through the city manager, and within ten days of that decision, may further appeal to the city council. Within ten days of the date of denial, suspension or revocation, the applicant or permittee may appeal the decision to the city manager and may further appeal that decision to the city council. Such appeals shall be in writing and shall be filed with the city clerk with payment of the prevailing standard appeal processing fee. At a regular meeting of the city council not more than thirty days thereafter, it shall proceed to hear and act upon the appeal. If the denial, suspension or revocation is affirmed upon city council review, the administrative action may be promptly reviewed by a court of law pursuant to Chapter 2.72 of this code and state law.

12. Penalties.

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

i. An administrative fine not exceeding one hundred dollars for a first violation.

ii. An administrative fine no exceeding two hundred dollars for a second violation within one year of the first violation.

iii. An administrative fine not exceeding five hundred dollars 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 (B)(12)(a), set forth above, be punished by:

i. An administrative fine not exceeding two hundred fifty dollars for a first violation.

ii. An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.

iii. An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

c. If an individual is subject to subsection (B)(12)(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 section shall be reduced to the administrative fines set forth in subsection (B)(12)(a), respectively.

d. The proceeds of any fine imposed under this section shall be deposited in the treasury of the city.

e. A sidewalk vendor permit shall be revoked upon fourth and subsequent violations.

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

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

h. All fines imposed pursuant to this section shall be subject to an ability to pay determination as described in Government Code Section 51039(f). The city shall provide notice of the violator's right to request an ability to pay determination concurrently with the issuance of the citation. The person may request a determination at any time the fine remains unpaid.

i. 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 percent of the administrative fine imposed pursuant to this section.

ii. 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.

i. A person who is currently serving, or who completed, a sentence, or who is subject to a fine resulting from a misdemeanor or infraction conviction 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 it 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 their case.

j. Nothing contained herein shall be construed to impede the ability of the city or county to enforce County Public Health Department codes and regulations.

(Ord. 52, § 10.11, 1975; Ord. 496 § 1, 1991; Ord. 1219, 7/18/2024)

A. Whenever the city traffic engineer determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings, or functions, or for other reasons, he has the power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on such streets and alleys as he directs during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency and the city traffic engineer shall cause such signs to be removed promptly thereafter.

B. When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.

(Ord. 52 § 10.12, 1975)

No commercial vehicle exceeding seven feet in height and/or eighteen feet of combined total length and/or towed commercial equipment, may be parked overnight in a residential zone, unless the vehicle is screened from public view and adjacent properties. If the commercial vehicle is less than the prescribed height and length or greater than the dimension screened, no more than one of such vehicles may be parked in any residential zone. This prohibition shall not apply to construction sites during the construction process or to vehicles in the process of making deliveries or pickups.

(Ord. 957 § 4, 2007)

No commercial vehicle exceeding seven feet in height and/or eighteen feet in combined total length, or towed commercial equipment, shall park on public or private rights-of-way within any residential zone except as necessary to load or unload cargo.

(Ord. 957, §4, 2007)