San Clemente Municipal Code Ch. 5.50 Sidewalk Vending

The City 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 vendors and associated vending operations 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.

(Ord. No. 1680, § 4, 9-18-2019)

As used in this chapter:

A. "Adult-oriented material" means sexually-oriented merchandise or sexually-oriented material or any other products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts (as those terms are defined in Chapter 17.88 - Definitions, of this Code).

B. "Cart" means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used in conjunction with a sidewalk vending operation.

C. "Certified Famers' 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.

D. "Enforcement Officer" means employees designated by the City Manager as having the authority to enforce this chapter, including but not limited to the License Collector, City Building Inspectors, Code Compliance Officers, Water Quality Inspectors, Police Officers of the City, City Park Rangers, Fire Services Inspectors, and Marine Safety Lifeguards.

E. "Exclusively residential zone" means the area encompassed by the outer limits of a zoning district shown on the City's official Zoning Map, or Specific Plan land use map within which is zoned or used primarily for residential purposes. The presence of nonconforming nonresidential land uses within an otherwise residential zone shall not deem such zone as not exclusive for residential uses. Where two zones meet, only one of which is an exclusive residential zone, the outer limits of the residential zone shall be deemed to include any public right-of-way between the two zones Including the sidewalk adjacent to the nonresidential zone.

F. "Food and Merchandise" means only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.

G. "High Level of Service" means any sidewalk (as that term is defined in this chapter) where the volume of pedestrians (including people on human-powered vehicles) is of a sufficient amount to result in pedestrians unnecessarily entering areas of the public right-of-way intended for motor vehicles in order to circumvent the vendor or their equipment, due to obstruction from the vendor, the vending equipment, or the customer queue, along the public sidewalk or public pathway.

H. "License Collector" means the License Collector of Finance, or their designee.

I. "Merchandise," see definition of "Food and Merchandise."

J. "Park" means a public park owned or operated by the City, and includes, but is not limited to, all grounds associated with the park, such as fields, courts, beach areas, shoreline and ocean, walkways, paths, trails, drive entrances, driveways, drive aisles, parking lots, buildings and structures, landscaped areas, courtyards, amphitheaters, playgrounds, picnic tables, benches and spectator seating areas, waste receptacles, and sidewalks around the park adjacent to public right-of-way and within 20 feet of a vehicular entrance to the park.

K. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

L. "SB 946" means Senate Bill 946 of the 2017-2018 California legislative session, an act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, which was approved by the Governor on September 17, 2018, and became effective on January 1, 2019.

M. "Sidewalk vendor or vending" means a person who sells food or merchandise from a cart, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk vendor or vending" does not include the sales of any services, items for rent, on-line sales, or the sales of products that are not in the possession of the sidewalk vendor at the time of sale.

N. "Sidewalk" means a portion of a street between the curb line and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for the use of pedestrians. For purposes of this Chapter, "sidewalk" shall also include a paved path or walkway owned by the City that is specifically designed for pedestrian travel. "Sidewalk," for the purposes of this chapter, does not include landscaped and non-pathway areas, including turf, whether natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, beach sand, benched viewing areas and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.

O. "Special Event Permit" means a City-issued permit to hold a special event, as defined in Section 8.72.020 of this Code. Events covered under a "Special Event Permit" shall also include City or other public agency events that would otherwise qualify as a special event but no permit is required by the City.

P. "Stationary Sidewalk Vendor or Vending" means a sidewalk vendor who vends from a fixed location.

Q. "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.

R. "Zone," as in a residential zone, nonresidential zone, or mixed-use zone, means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established as set forth and specified in Title 17, Zoning, of this Code or any applicable Specific Plan.

(Ord. No. 1680, § 4, 9-18-2019)

A. Permit required. .....All sidewalk vendors shall obtain a sidewalk vending permit from the City prior to engaging in any sidewalk vending activities. All persons associated with a sidewalk vending operation, including, but not limited to, employees or independent contractors, are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits.

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

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued Special Events Permit including but not limited to a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

(Ord. No. 1680, § 4, 9-18-2019)

A. Application information. .....Any person wishing to obtain a San Clemente sidewalk vending permit shall submit a completed San Clemente sidewalk vending permit application form to the License Collector. All of the following information is required:

1. Name, current mailing address, and phone number of the vendor; and

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as stationary or roaming sidewalk vendor(s); and

4. The number of sidewalk vending operations the vendor intends to operate within the City; and

5. The days and hours of operation the sidewalk vendor intends to operate; and

6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and

7. If applicable, a description of the type of food proposed to be offered for sale or exchange; and

8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and

9. 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; and

10. One of the following forms of identification, which, upon collection, shall not be available by the City to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order:

a. A copy of the valid California Driver's License or Identification Card issued to the vendor; or

b. A copy of the individual taxpayer identification number issued to the vendor; and

11. If preparing or selling food, a copy of the Orange County Health Department permit issued to the vendor; and

12. 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 48 inches of accessible route area when considering the vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and

13. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000.00; and

14. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and

15. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and

16. An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and

17. An acknowledgement that use of public property is at the vendor's own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations; and

18. A list of all other cities or other jurisdictions in which the vendor has operated a sidewalk vending operation or similar operation within the past 12 months, whether a permit was required to operate, and if so, whether the permit had been revoked in the past 12 months.

B. Fee. ..... At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council.

(Ord. No. 1680, § 4, 9-18-2019)

A. Review authority. .....Upon acceptance of a properly completed and filed sidewalk vendor permit application and payment of the application fee as required by Section 5.50.040, the License Collector shall conduct a preliminary investigation to determine whether to approve or deny the permit as compliant with chapter.

B. Findings. .....The License Collector shall deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

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

3. The applicant does not have a valid social security card, valid California Driver's License, California Identification Card, or valid individual taxpayer identification number.

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

5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

6. The applicant has had a sidewalk vending permit or similar permit revoked within the past 12 months in the City or any other jurisdiction.

C. Timing of determination. .....The License Collector shall make such determination within no more than 30 days of acceptance to approve or deny the application.

D. Notice of determination. .....The License Collector shall provide the applicant with written notice of his or her decision to the address indicated in the application.

1. If the application is approved, the License Collector shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, issue the permit to the applicant.

2. If the application is denied, the License Collector shall include in the written notice the reasons for disapproval shall be noted on the application.

(Ord. No. 1680, § 4, 9-18-2019)

A. Term. .....A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

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

C. Display. .....Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be displayed in a conspicuous fashion attached to the vendor's Cart. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously attach their permit to the vending Cart.

(Ord. No. 1680, § 4, 9-18-2019)

A. General standards and requirements. .....All sidewalk vendors shall meet the following standards and requirements:

1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.50.030; and

2. The sidewalk vendor shall only set up their vending operation, or roam, on a sidewalk (as that term is defined in this chapter), whether in the public right-of-way or at an allowed park while still leaving a minimum of 48 inches of accessible path of travel. The reduction of a sidewalk for vending purposes shall not be for a distance greater than eight feet within any 16 foot span along the adjacent sidewalk. No vending shall occur within an area that meets the definition of a "High Level of Service;" and

3. No sidewalk vending is permitted within any portion of public right-of-way, on any sidewalk, or at any park (as those terms are defined in this chapter) located in the general zone boundaries of, or adjacent to any properties within, the Mixed-Use 1 zone, Mixed-Use 3.0 zone, or Pier Bowl Specific Plan Area.

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending operations or cart; and

6. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris, that was or is, within 10 feet of the vendor that was generated by the vending activities; and

7. There shall be no disposal of cooking material or waste, including but not limited to any fats, oils or greases, into the City's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and

8. The sidewalk vendor location shall not block public access to any entrances to private or public buildings, private or public driveways, parking spaces, building windows, utility meters, hook and service panels, or block public visibility of permitted signage located on the building or adjacent property; and

9. No customer tables, customer chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

10. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines to any buildings, structures, or other private or public facilities not associated with the vendor's equipment, during vending operations; and

11. Storage or display of refuse, equipment, materials, goods, wares, food, or merchandise associated with the vendor, outside of the vendor's cart, is prohibited. All food and merchandise shall be stored either inside or affixed to the cart, or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this chapter; and

12. The sidewalk vendor shall not display any signage without first obtaining the appropriate sign permits from the City Planning Division; and

13. No signage or advertising related to the sidewalk vendor and/or the vending operations shall be electrical, flashing, wind powered, animated; and

14. The sidewalk vendor shall display any and all required business and health licenses in a conspicuous fashion, attached to the vendor's cart; and

15. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and

16. No vending shall occur within 500 feet of a Certified Farmers' Market, a Swap Meet, or an event held pursuant to a Special Events Permit; and

17. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended; and

18. The sidewalk vendor shall not leave his or her sidewalk vending operation to solicit business for the vending operation; and

19. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City, and may be grounds for termination of the sidewalk vending permit.

20. Sidewalk vendors that sell food shall maintain a trash container in or on their cart and shall not empty their trash into public waste containers, or private waste containers without the permission of the property owner. The size of the sidewalk vendor's trash container counts as part of the size limit of a cart.

21. The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and

22. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located; and

23. No vending shall occur within 50 feet of any street intersection or crosswalk as measured from any point where curbs or edges of pavement meet within the subject intersection or crosswalk; and

24. No vending shall occur within 500 feet of private or public academic school attended by elementary, junior high, or high school pupils; and

25. No vending shall occur within 10 feet of any street lights, edges of tree wells, parking meters, or above-ground utility structures; and

26. No vending shall occur within 10 feet of any existing subsurface utility box, valve, or vault; and

27. No vending shall occur within 10 feet of another vendor; and

28. No vending shall occur within 10 feet of any bus stop locations, red curbs, fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, 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

29. No vending shall occur in roadways, alleyways, medians, pedestrian islands, bikeways, or any other non-vehicular area located between curbs, or where curbs do not exist, road edges, of the area identified as the public right-of-way; and

30. No vending shall occur within 25 feet of a doorway to any building, store, theater, movie house, house of worship, or place of public assembly; and

31. No vending shall occur with 200 feet of City Hall, any police station, or any fire station; and

32. In parks (as that term is defined in this chapter), no vending shall occur within 50 feet of any shade structures, benches, trash receptacles and enclosures, picnic table areas, sports fields and associated fences and spectator seating areas, playground areas, or specialized sport facilities (i.e. skateboarding facilities, pools, tennis and basketball courts, gym equipment, and other similar facilities).

33. No vending shall occur within 100 feet of any posted park facility rental, whether indoors or outside.

34. No vendors shall use expanded polystyrene (Styrofoam) food service ware; and

35. The sidewalk vendor shall not transact business with patrons in vehicles, including, but not limited to vehicles parked on public or private property or public right-of-way, or stopped temporarily in the public right-of-way; and

36. No vending shall occur within 200 feet of a freeway onramp or off-ramp; and

37. No vending shall occur within 30 feet of an automated teller machine.

B. Specific standards and requirements. .....In addition to the generally applicable standards and requirements in Subdivision A above, sidewalk vendors shall also comply with the specific standards and requirements as applicable in Section 5.50.080.

(Ord. No. 1680, § 4, 9-18-2019)

A. Stationary sidewalk vending. .....In addition to the standards and requirements in Section 5.50.070, all stationary sidewalk vendors shall meet the following:

1. Stationary sidewalk vendors and all aspects of their operations, including but not limited to, any cart, any associated equipment, and any space occupied by the vendor or their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No Cart, or any associated equipment shall exceed a height of four feet; and

2. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City; and

3. Stationary sidewalk vendors may operate in nonresidential zones of the City, including mixed use zones, with the exception of the exclusively residential portions of horizontally mixed-use zones, such as MU 5.1; and

4. Stationary sidewalk vending shall only be conducted no earlier and no later than the hours of operation of "brick-and-mortar" businesses located on the same street and within 200 feet of the stationary sidewalk vendor. If no businesses operate on the same street or are located within 200 feet of the stationary sidewalk vendor, stationary sidewalk vendors operating in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

B. Roaming sidewalk vending. .....In addition to the standards and requirements in Section 5.50.070, all roaming sidewalk vending shall meet the following:

1. Roaming sidewalk vendors shall not use any cart which exceeds a total height of four feet, a total width of three feet, and a total length of five feet; and

2. Roaming sidewalk vending hours for zones with any residential development, conforming or otherwise; shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, and between the hours of 10:00 a.m. and 6:00 p.m. on the weekend; and

3. Roaming sidewalk vendors for nonresidential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street and within 100 feet of the roaming sidewalk vendor. If no businesses operate on the same street or are located within 100 feet of the roaming sidewalk vendor, roaming sidewalk vendors in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

C. Sidewalk vending In parks. .....In addition to the standards and requirements in Section 5.50.070 and, as applicable, the standards and requirements in Sections 5.50.080 and 5.50.090, all sidewalk vending in parks shall meet the following:

1. Sidewalk vending of food or merchandise by stationary sidewalk vendors or by roaming sidewalk vendors is prohibited in the following parks:

a. Park Semper Fi, Marine Monument

b. Richard T. Steed Memorial Park

c. Ole Hanson Beach Club

d. Trails; Forster Ranch Ridgeline, Sea Summit at Marblehead, Rancho San Clemente, Talega, Beach Trail

e. Municipal Golf Course

f. Municipal Pier

2. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.

3. Sidewalk vendors shall not begin operations prior to one hour after the park opens and shall cease operations one hour prior to the close of the park. The term "operations' in the context of this standard includes setting up and taking down carts and other activities associated with vending, even if not explicitly engaged in the act of selling merchandise.

(Ord. No. 1680, § 4, 9-18-2019)

A. Causes for suspension or revocation. .....A sidewalk vendor permit issued under this chapter may be suspended or revoked by the License Collector after four or more violations of this chapter in accordance with Section 5.50.110, subdivision B.1.d, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

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

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

B. Notice. .....Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. Future permits. .....No person whose sidewalk vending permit has been revoked pursuant to this chapter shall be issued a sidewalk vending permit for a period of two years from the date revocation becomes final.

(Ord. No. 1680, § 4, 9-18-2019)

A person wishing to appeal a determination of the License Collector, or their designee, or to appeal a citation issued pursuant to this chapter, may file an appeal per Chapter 1.20, Administrative Fines.

(Ord. No. 1680, § 4, 9-18-2019)

A. Violation. .....It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter.

B. Administrative fines.

1. Any violation of this chapter committed with a valid permit shall be punishable as provided below:

a. For the first violation, an administrative fine not exceeding $100.00,

b. For a second violation within one year of the first violation, an administrative fine not exceeding $200.00.

c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $500.00.

d. For a fourth or subsequent violation, the Director may rescind or suspend the permit as provided in Section 5.50.090.

2. Any violation of this chapter committed without a valid permit shall be punishable as provided below:

a. For the first violation, an administrative fine not exceeding $250.00.

b. For a second violation within one year of the first violation, an administrative fine not exceeding $500.00.

c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $1,000.00.

3. Upon proof of a valid permit, the administrative fines set forth in Subdivision B.2 (fines without a valid permit) shall be reduced to the fines set forth in Subdivision B.1 (fines with a valid permit.)

C. Additional and alternative penalties.

1. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this section shall not be assessed.

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.

3. Failure to pay an administrative fine pursuant to this section shall not be punishable as an-infraction or misdemeanor.

D. Ability-to-pay determination.

1. When assessing an administrative fine pursuant to Subdivision B, the Enforcement Officer shall take into consideration the person's ability to pay the fine. If deemed appropriate, the Enforcement Officer 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.

2. The person may request an ability-to-pay determination at an appeal hearing, or make a request by submitting a written request to the City Clerk while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

3. If the person meets the criteria described in Government Code section 68632, subdivision (a) or (b), the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed.

E. Violations before SB 946. .....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.

F. Health codes. .....Nothing contained herein shall be construed to impede the City's or County's ability to enforce County Health Department codes and regulations.

(Ord. No. 1680, § 4, 9-18-2019)

If any provision or clause of this chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this chapter which can be implemented without the invalid provision, clause or application, it being hereby expressly hereby declared that this chapter, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, and/or phrases be declared invalid or unconstitutional.

(Ord. No. 1680, § 4, 9-18-2019)