Redwood City Municipal Code § 20.224 Inspection

Footnotes:

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Editor's note— Ord. No. 2406, § 6, adopted June 9, 2014, renumbered Div. 11, as Div. 12.

Cross reference— Solicitors, Peddlers and Charitable Sales, Ch. 28.

Except as otherwise provided in this Division, no person shall park or leave standing any vehicle, wagon or pushcart from which goods, wares, merchandise or food are sold, offered for sale, bartered, exchanged, displayed, or solicited or any vehicle, wagon or pushcart used or intended to be used in the transportation of property for hire, upon any portion of any street within this City, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser, or patron of a vehicle for hire, for a period of time not to exceed thirty (30) consecutive minutes at any one place. For purposes of this Division, such vehicle, wagon or pushcart shall be considered to have been parked or left standing for a period exceeding thirty (30) consecutive minutes if such vehicle, wagon or pushcart has not been moved at least five hundred feet (500′) or more during said thirty (30) minutes, or has moved at least five hundred feet (500′) and returns to its prior position within any four (4) hour period. The provisions of this Division 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.

(Ord. No. 1958, § 4, 9-14-87)

It shall be unlawful for any person, firm, partnership, association or corporation to engage in the business of operating any vehicle, wagon or pushcart from which goods, wares, merchandise or food are sold, offered for sale, bartered, exchanged, displayed or solicited, or any vehicle, wagon or pushcart used or intended to be used in the transportation of property for hire, which vehicle, wagon or pushcart is parked or left standing upon any one portion of any street within this City for a period exceeding thirty (30) consecutive minutes, without having first obtained from the Chief of Police either a single-event vending permit or a yearly vending permit for the operation of said vehicle, wagon or pushcart.

A "single-event" vending permit shall be required in order to permit a vehicle, wagon or pushcart to park or remain standing in one location on a public street for a period of time in excess of thirty (30) consecutive minutes, on a specific date.

A "yearly vending permit" shall be required in order to permit a vehicle, wagon or pushcart to park or remain standing in one location on a public street for a period of time in excess of thirty (30) minutes, more often than once a year.

(Ord. No. 1958, § 4, 9-14-87)

A. Applicants for a vending permit to allow a vehicle, wagon or pushcart from which goods, wares, merchandise or food are sold, or to allow a vehicle, wagon or pushcart used or intended to be used in the transportation of property for hire, to remain parked or standing in one location upon a public street within this City for a period exceeding thirty (30) consecutive minutes shall file with the Chief of Police a verified application which shall set forth:

1. Name, address, fictitious business name, and any established place of business of the applicant.

2. The make, type, vehicle license number and description of the vehicle, wagon or pushcart for which such permit is requested.

3. A statement as to why the applicant is requesting the permit.

4. The location or locations where the applicant proposes to park or let stand said vehicle.

5. Such additional information deemed necessary by the Chief of Police to facilitate the review and investigation of the application.

B. Every application for a single-event vending permit shall be accompanied by a nonrefundable processing and investigation fee of one hundred dollars ($100.00). Every application for a yearly vending permit shall be accompanied by a nonrefundable processing and investigation fee of two hundred dollars ($200.00).

C. A separate application must be made, and a separate permit obtained for each vehicle, wagon or pushcart subject to the provisions of this Division.

(Ord. No. 1958, § 4, 9-14-87)

Upon receipt of an application for a permit the Chief of Police shall immediately review and investigate the application and may refer the application to any other appropriate department to permit the review and investigation, and report on, the permit application by such departments.

(Ord. No. 1958, § 4, 9-14-87)

A. No permit shall be issued in the event it is determined that the proposed place or places of standing or parking in the public street would be in conflict with or violate any health, safety, zoning or other law or regulation.

B. No permit shall be issued in the event it is determined that the proposed place or places of standing or parking in the public street would be disruptive to the flow of traffic, would create a hazardous condition, or would cause a burden on public parking.

C. No permit shall be issued in the event it is determined that the applicant has not obtained all permits required by the State and Chapter 13 of this Code relating to the dispensing of food and beverages from said vehicle, wagon or pushcart.

D. No permit shall be issued in the event it is determined that the proximity of the proposed place or places of standing or parking in the public street to residential property would disturb the quiet enjoyment of the occupants of such residential property.

E. No permit shall be issued in the event it is determined that the vehicle, wagon or pushcart for which such permit is requested is inoperable or fails to meet the requirements of the California Vehicle Code.

F. No permit shall be issued in the event it is determined that the applicant for a proposed permit has violated the provisions of this Division within the preceding twelve (12) month period prior to filing of the application.

(Ord. No. 1958, § 4, 9-14-87)

If, after review and investigation and after receipt of the reports from any other department reviewing and investigating the application, the Chief of Police finds that the proposed standing or parking of said vehicle, wagon, or pushcart in excess of thirty (30) consecutive minutes in the place or places proposed would not be injurious to the public safety, would not create a public nuisance and would not be in conflict with the provisions of Section 20.215, the permit shall be issued; otherwise the permit shall be denied. The failure of any department to furnish the Chief of Police with a written report within ten (10) days after notice to that department of the filing of the application shall be deemed to be approval of the application by that department.

A permit may be issued subject to such conditions as are deemed necessary to protect the safety of the persons making purchases from said vehicle, wagon or pushcart, and the residents and property owners of the neighborhood surrounding the proposed place or places where the applicant proposes to park or let stand said vehicle, wagon or pushcart.

(Ord. No. 1958, § 4, 9-14-87)

Any denial of an application for a permit or the establishment of any condition thereon may be appealed to the City Manager within fifteen (15) days of the date of the notice of the Chief of Police's action to the applicant. The appeal shall be filed, processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1958, § 4, 9-14-87)

(Ord. No. 2374, § 14, 1-9-12)

A permit shall be valid only for the date for which it is issued or for a period of one year, depending upon the permit which has been approved by the Chief of Police.

(Ord. No. 1958, § 4, 9-14-87)

Any vending permit issued under the provisions of this Division shall be valid only between the hours of six o'clock (6:00) A.M. and ten o'clock (10:00) P.M. of any day.

(Ord. No. 1958, § 4, 9-14-87)

Any yearly vending permit may be revoked by the Chief of Police at any time it is determined that any conditions of the permit have been violated or that any of the provisions of Section 20.219 would be violated by continued standing or parking in excess of thirty (30) consecutive minutes of the vehicle, wagon or pushcart for which the permit was issued at the permitted location or locations, or that any law, ordinance or regulation would be violated by said continued standing or parking.

Before revoking any permit, at least five (5) days' notice shall be given to the applicant, and he shall be given an opportunity to be heard by the Chief of Police.

(Ord. No. 1958, § 4, 9-14-87)

Any revocation of a permit may be appealed to the City Manager within fifteen (15) days after the date of the notice of the Chief of Police's action to the permittee. The appeal shall be filed, processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1958, § 4, 9-14-87)

(Ord. No. 2374, § 15, 1-9-12)

If any owner sells or transfers title to a vehicle, wagon or pushcart for which a permit has been issued pursuant to the provisions of this Division, the owner to whom such permit had been issued therefor shall surrender such permit to the Chief of Police.

(Ord. No. 1958, § 4, 9-14-87)

No permit shall be transferable.

(Ord. No. 1958, § 4, 9-14-87)

A permitted vehicle, wagon or pushcart shall be open to inspection by the Chief of Police or members of the Police Department at all times so that it may be determined whether the vehicle, wagon or pushcart and the business being transacted from the vehicle, wagon or pushcart is being done in compliance with the permit, the provisions of Section 20.215 of this Division, and all laws, ordinances and regulations.

(Ord. No. 1958, § 4, 9-14-87)

No person shall sell, offer for sale, barter, exchange, display or solicit any goods, wares, merchandise or food from any vehicle, wagon or pushcart upon any portion of any street within this City without first having obtained an identification permit in accordance with the provisions of Chapter 28, Article I of this Code.

(Ord. No. 1958, § 4, 9-14-87)

Any person violating any of the provisions of this Division shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided in subsection 1.7B of this Code.

(Ord. No. 1958, § 4, 9-14-87)