Chapter 6.54

PEDDLER PERMIT ORDINANCE*

Parts:

• 1 Definitions

• 2 General Provisions

• 3 Operating Regulations and Permit and License Conditions

• 4 Permits and Licenses

• 5 Enforcement

Part 1

DEFINITIONS

Sections:

• 6.54.010 Definitions.

The permittee shall be responsible for requiring compliance with these rules and regulations by the manager, agent or employee. Any violation by the manager, agent or employee shall be deemed a violation by the permittee for purposes of administrative action against the permittee under this chapter.

(Ord. 21866.)

Every pawnbroker and secondhand dealer shall display, in a conspicuous location on the place of business, the following:

• A. A valid department of justice secondhand dealer's license and a valid city pawnbroker and/or secondhand dealer's permit;

• B. A sign stating "No person pledging, pawning, selling or trading any article shall sign any name other than his true name, or give any address other than his true

• 6.54.020 Approved location.

• 6.54.025 Certified farmers' market.

• 6.54.030 Director.

• 6.54.035 Downtown street vendors program area.

• 6.54.038 Licensee.

• 6.54.040 Mobile unit.

• 6.54.050 Motor vehicle.

• 6.54.055 Park.

• 6.54.060 Peddler.

• 6.54.070 Peddling.

• 6.54.080 Peddler business.

• 6.54.085 Peddler employee.

• 6.54.090 Permittee. 6.54.095 San José State University campus area.

• 6.54.098 Swap meet.

*State law reference— For statutory provisions on solicitation, see Bus. and Prof. Code § 17500.3.

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§ 6.54.010

The definitions set forth in this part shall govern the application and interpretation of this chapter. (Ords. 25115, 28534.)

"Approved location" means a site designated by the chief of police as an approved site from which a peddler, operating from a mobile unit, may sell his or her products.

(Ords. 25115, 28534.)

"Certified Farmers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to the chapter. (Ord. 30319.)

"Director" means the city manager, or such other person designated by the city manager to administer this Chapter. (Ords. 25115, 28534.)

"Downtown street vendors program area" means that area bounded by the following streets and portions of streets: to the north, San Fernando Street from Highway 87 to Almaden Avenue, then Julian Street from Terraine Street to 4th Street, then St. John Street, from 4th Street to 7th Street; to the south, Interstate 280, from Highway 87 to 4th Street, then San Fernando Avenue from 4th Street to 7th Street; to the west, Highway 87 from San Fernando Avenue to Interstate 280, then Almaden Avenue, from Julian to San Fernando Avenue; and, to the east, 4th Street, from Julian to St. John Street, then 7th Street, from St. John Street to San Fernando Avenue, then 4th Street, from San Fernando to Interstate 280, except City Hall Plaza which is sub-

ject to the provisions of Chapter 13.23 of this Code and shall not be considered as part of the downtown street vendors program area. (Ord. 28534.)

"Licensee" means the holder of a peddler employee license. (Ord. 28534.)

"Mobile unit" means any vehicle, truck, trailer, cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.

(Ords. 25115, 28534.)

"Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

(Ords. 25115, 28534.)

"Park" shall have the definition given in Section 13.44.014 of Title 13 of this Code. (Ord. 30319.)

"Peddler" means any person who participates in peddling. (Ords. 25115, 28534.)

"Peddling" means:

• A. Traveling by foot, motor vehicle, mobile unit or any other type of vehicle, from place to place, and selling or vending any goods, wares, merchandise, food, products, or any other thing or representation of value on any street, sidewalk, right-ofway, park or other public place; or

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• B. Selling or vending any goods, wares, merchandise, food, products or any other thing or representation of value from a fixed location approved by the city on any street, sidewalk, right-of-way, park or other public place.

(Ords. 25115, 28534.)

"Peddler business" means any of the follow-

ing:

• A. A business engaged in peddling; or

• B. A business engaged in supplying, providing, selling goods, wares, merchandise, food, products, or any other thing or representation of value on consignment to be peddled by another person; or

• C. A business engaged in supplying, providing, or renting mobile units or motor vehicles for use by another person in peddling.

(Ords. 25115, 25598, 28534.)

Part 2

GENERAL PROVISIONS

Sections:

• 6.54.110 Peddler business permit required.

• 6.54.120 Peddler business permittee responsibility.

• 6.54.130 Peddler employee license required.

• 6.54.140 Approved location permit required.

• A. This chapter shall regulate the conduct of the following categories of peddling:

  1. Pedestrian peddlers;

  2. Motor vehicle-based peddlers;

  3. Mobile unit peddlers;

  4. Approved location peddlers;

"Peddler employee" means any of those persons defined in Section 6.01.040 of this Code. (Ord. 28534.)

"Permittee" means the holder of a peddler business permit.

(Ords. 25115, 28534.)

"San José State University campus area" means that area bounded by Fourth Street, San Fernando Avenue, Tenth Street and San Salvador Avenue. (Ord. 28534.)

"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to the article. (Ord. 30319.)

5. Annual or special events peddlers;

6. Flower peddlers.

• B. Ice cream trucks, unless otherwise specified, are regulated under Chapter 6.39 of the code.

• (Ords. 25115, 28534, 30319.)

• A. It shall be unlawful for a person to maintain, manage, operate, conduct, control, engage in or own a peddler business that operates within the city unless the business is maintained and operated in strict compliance with a valid peddler's business permit issued by the chief of police, the regulations issued by the city manager, and in accordance with any other requirements of the State of California or County of Santa Clara.

• B. A peddler business permit is a business permit for purposes of Chapter 6.02 of the code.

• (Ords. 25115, 28534, 29253.)

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§ 6.54.120

The act or omission of any permittee's partner, owner, associate, director, manager, officer, agent or employee is for all purposes the act or omission of the permittee regulated by this chapter. (Ords. 25115, 28534.)

• A. It shall be unlawful for a person, other than the permittee, to peddle without having first obtained a peddler employee license issued by the chief of police.

• B. It shall be unlawful for any permittee or any operator, manager, owner or employee of a peddler business to allow or tolerate any person who does not have a peddler employee license from working for or under the direction of, or on behalf of, or as an agent of the peddler business.

• C. For purposes of peddling, a natural person holding a valid peddler business permit is deemed to also have a peddler employee license.

(Ords. 25115, 28534.)

It shall be unlawful for any person to peddle from a fixed location on any public street, sidewalk, or right-of-way, unless that person obtains an approved location permit from the chief of police as provided for in this chapter. (Ords. 25115, 28534.)

Part 3

OPERATING REGULATIONS AND PERMIT AND LICENSE CONDITIONS

Sections:

• 6.54.200 Conditions of permit.

• 6.54.205 Hours of business.

• 6.54.230 Noise restrictions - Motor vehicle-based and mobile unit peddlers.

• 6.54.240 Parking restrictions - Motor vehicle-based and mobile unit peddlers.

• 6.54.250 Congestion restrictions for peddlers.

• 6.54.255 Effect of approved location permit - No property interest granted.

• 6.54.260 Approved location permit terms and conditions.

• 6.54.265 Regulations for peddler permits - City manager.

• 6.54.270 Waiver and release of liability, indemnification and hold harmless, and acknowledgment of risk.

• 6.54.280 Exemption for annual or special events.

• 6.54.290 Reserved.

• 6.54.295 Reserved.

• A. Each peddler business permit and peddler employee license issued by the chief of police shall be subject to the terms and conditions set forth in this part, as well as any other conditions specifically set forth in the permit or license.

• B. The provisions of this part shall constitute operating regulations. It shall be unlawful for any person permitted or licensed under this chapter, or any person required to be permitted or licensed under this chapter, whether such person is actually so permitted or licensed, to engage in peddling in violation of these provisions.

(Ords. 25115, 28534.)

• A. Peddling shall only be permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

  1. In residential areas, Peddling shall only be permitted between the hours of 9:00

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a.m. and 5:00 p.m., Pacific Standard Time, and between the hours of 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

3. In Park areas, Peddling shall be permitted only during hours the Park is open to the public.

• B. The provisions of this section shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site, if the foodstuffs sold to such persons are sold for immediate consumption at such places.

(Ords. 25150, 28534, 30319.)

Each person who is engaged in peddling shall, at all times while so engaged, wear in plain sight, on his or her person an identification (ID) card, provided by the chief of police and containing such information, including a suitable photograph, as the chief of police may require. (Ords. 25115, 28534.)

Peddlers shall comply with the following:

• A. No Peddlers shall peddle in the following locations:

  1. Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special event permit issued pursuant to Chapter 13.14 of this Code. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special event permit;

  2. Within 500 feet of a public or private school site during school hours,

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and not within one hour before or one hour after school drop off and pick up operations;

3. Within 500 feet of: 1) the San José Arena, currently known as SAP Center at San José, on event days; 2) the stadium located on Coleman Avenue, currently known as Paypal Park, on event days; 3) San José Municipal Stadium, currently known as Excite Ballpark Home of the San José Giants, on event days; 4) San José McEnery Convention Center on event days; and 5) any other venue as determined by the City Manager and published in the regulations promulgated pursuant to Section 6.54.265;

4. In any City-owned parking lot; or 5. On private property without the consent of the property owner.

• B. No Peddler shall conduct activities in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Peddlers must at all times provide a clearance of not less than three (3) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

• C. Peddlers shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk peddler shall pick up, remove, and dispose of all trash generated by the Peddling operations or the Peddler's customers within a fifteen (15) foot radius of the Peddling location.

• D. Peddlers of food or food products shall possess and display in plain view a valid permit from the Santa Clara County Department of Environmental Health.

• E. Peddlers shall comply with all applicable state and local laws, including without

SAN JOSÉ CODE

§ 6.54.215

• limitation state food preparation, handling, and labeling requirements; fire codes and regulations; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

• F. Mobile Units shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, bollards, or other objects within the public rightof-way. No Mobile Unit shall become a permanent fixture on any site or be considered an improvement to real property. A Mobile unit and any equipment, goods, wares, merchandise, food, products, or any other thing or representation of value associated with a mobile unit shall not be left unattended at any time. Peddlers shall not utilize any structure in the right-ofway as an extension of the mobile unit.

No Mobile Unit shall become a permanent fixture on any site or be considered an improvement to real property. A Mobile unit and any equipment, goods, wares, merchandise, food, products, or any other thing or representation of value associated with a mobile unit shall not be left unattended at any time. Peddlers shall not utilize any structure in the right-ofway as an extension of the mobile unit.

• (Ords. 30319; 31183.)

• A. Unless otherwise specifically excepted in this chapter, no peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound between the hours of 7:00 p.m. or one-half hour after sunset, whichever comes first, and 10:00 a.m. of the following day.

• B. No peddler shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound in such a manner as to create a disturbance of the peace as that term is used in Chapter 10.16 of this code.

• (Ords. 25115, 28534.)

Unless otherwise specifically excepted in this Chapter, no motor vehicle-based peddler or mobile

unit peddler shall use, play, or caused to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound when the motor vehicle or mobile unit from which the peddler is peddling is stationary upon any street, sidewalk, right-of-way, park or other public place.

(Ords. 25115, 28534.)

• A. It shall be unlawful for any motor vehiclebased or mobile unit peddler to:

  1. Permit any motor vehicle or mobile unit from which peddling is occurring to remain standing or stopped, for peddling purposes, at any place on any public street, sidewalk, right-of-way, public place or at any location within five hundred feet of that place, for a total period of time exceeding fifteen minutes within any twohour period.

  2. Make any stop, for the purpose of making any sale upon any public street, sidewalk, right-of-way, park, or other public place, within five hundred feet, measured along the traveled way of any public street or streets, of any school property.

• B. Unless otherwise specifically excepted in this chapter, it shall be unlawful for any motor vehicle-based or mobile unit peddler to peddle from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle or mobile unit which is nearest to the curb of such street.

• C. The provisions of this section shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workers or employees at any construction job site, if the foodstuffs sold to such persons are sold for immediate consumption at such places.

• (Ords. 25115, 28534.)

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§ 6.54.260

• A. No mobile unit peddler shall stop to peddle within twenty-five (25) feet of any other approved location peddler or mobile unit peddler that has already stopped to peddle.

• B. No motor vehicle-based peddler shall stop to peddle from a motor vehicle within two hundred (200) feet of another motor vehiclebased peddler that has already stopped to peddle.

(Ords. 25115, 28534, 30319.)

An approved location permit grants the permittee the privilege of occupying a particular portion of the public sidewalk for the purpose of conducting the approved peddler business. An approved location permit does not grant the permittee any estate or other property right or interest to operate at the location for which the permit is issued and/or to operate at any location in the public street. Any person applying for an approved location permit should have no expectation that an approved location permit will be granted, nor that the approved location permit will continue once issued. (Ord. 28534.)

An approved location permit to peddle may be issued by the chief of police under the following terms and conditions:

• A. The person requesting an approved location permit shall comply with all the permit and license procedures set forth in Chapter 6.02.

• B. If more than one application is received at the same time for the same location not currently occupied by a permittee, the successful applicant shall be drawn by lot.

• C. Each application for an approved location permit shall be accompanied by a site plan which shall specifically detail

how and where the applicant proposes to set up the mobile unit from which the applicant intends to peddle.

• D. If issued, an approved location permit shall grant only a license to use the sidewalk portion of the public street identified in the approved location permit.

• E. The chief of police shall make approved location permits subject to such other terms and conditions as the chief of police deems necessary to promote the public health, safety and welfare and to promote vehicular traffic safety and convenience and pedestrian safety and convenience.

• F. Permits shall be issued only for particular approved locations situated on the sidewalk portion of a public street.

• G. Approved location permits may be issued only for locations that are in compliance with the regulations issued by the city manager.

• H. If an approved location permit is issued for an area located within the downtown street vendors program area, the approved location permit may include an alternate approved location for the applicant to peddle from during the time when the applicant is not able to peddle from the original and primary approved location due to a downtown special event, as defined in Chapter 6.55 of this Code.

• I. If an approved location permit is issued for an area located within the downtown street vendors program area and the applicant desires to have an alternate location approved as part of his or her approved location permit, the applicant must submit with his or her application a site plan for the alternate location.

• J. No approved location permit shall be issued to a peddler peddling from a motor vehicle.

• K. No person shall peddle from, at, or in conjunction with a mobile unit, except at

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§ 6.54.260

the approved location for which that person, or the business for which he or she is peddling, has an approved location permit issued by the chief of police.

• L. No person shall peddle from a mobile unit that exceeds the dimensions permitted under the regulations issued by the city manager.

• M. No person shall use or have any equipment or device at any approved location other than the permitted mobile unit, unless permitted under the regulations issued by the city manager.

• N. Under no circumstances shall a person with an approved location permit block the free movement of pedestrians along the sidewalk and the clearance around the mobile unit, and any equipment must meet the minimum clearance requirements under the Americans with Disabilities Act, the regulations issued by the city manager, and any other legal requirement.

• O. A person operating with an approved location permit at the approved location shall park or locate any mobile unit in such a way that the mobile unit is located directly within the area described in the permit under which he or she is peddling, and in such a way as to use as little of the sidewalk as possible.

• P. Approved location permits shall not be sold, assigned or transferred and any attempt to sell, assign or transfer, or any sale, assignment or transfer of, any approved location permit shall render the permit null and void.

• Q. An approved location permit shall cover the permittee to whom the permit is issued and any of the permittee's agents or employees that have obtained a valid peddler employee license from the chief of police.

  • R. No person shall peddle from an approved location beyond the hours of operation permitted under the regulations issued by the city manager.

  • S. No person peddling from an approved location shall allow any mobile unit to remain at the approved location beyond the hours of operation permitted under the regulations issued by the city manager.

  • T. No person peddling from an approved location shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound beyond the hours of operation permitted under the regulations issued by the city manager.

  • U. No person peddling from an approved location shall use, play or cause to be used or played any amplifier, loudspeaker, or any other instrument or device used for the production of sound in such a manner as to create a disturbance of the peace as that term is used in Chapter 10.16 of this Code.

  • V. Approved Location Permits shall not be issued for locations that are zoned exclusively residential and no person Peddling from an Approved Location shall sell in areas that are zoned exclusively residential.

  • W. Approved Location Permits shall not be issued for locations that are within any Park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

• (Ords. 25115, 28534, 29253, 30319.)

• A. Consistent with the city's Downtown Strategy 2040 and the city's general plan, the city manager is hereby authorized to make and promulgate time, place and manner regulations that

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§ 6.54.270

are 1) directly related to objective health, safety and welfare concerns; 2) necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities; or 3) necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of a park. These regulations shall be in addition to the requirements set forth in this chapter.

• B. All regulations established by the city manager shall be set forth in specific regulations for peddlers which shall be adopted by the city manager as follows:

  1. Any proposed regulations shall be coordinated by the city manager with the chief of police; the director for the department of transportation; the office of economic development; the director of parks, recreation, and neighborhood services; and the city attorney.

  2. Any proposed regulations shall be posted on the city clerk's website and made available for inspection and copying by the public at the office of the city clerk during normal business hours.

  3. A copy of any proposed regulations shall also be mailed to each holder of a permit or license issued under this chapter.

  4. A thirty-day public comment period to receive comments on the proposed regulations shall commence on the date the notice of the proposed regulations is sent to those permitted or licensed under this chapter. During the comment period, any person may submit written comments regarding the proposed regulations to the city manager.

  5. After the close of the public comment period, the city manager shall consider all reasonable public comments on the proposed regulations.

  6. After the city manager has considered the comments, the city manager shall approve the final regulations.

  7. The regulations approved by the city manager shall be contained in regulations for peddlers which shall become final on the date notice of the regulations is sent to those permitted and licensed under this chapter or the date the regulations are posted on the city clerk's website, whichever occurs last.

  8. The notice of the regulations shall be accompanied by a brief written statement from the city manager setting forth the reasons for the regulations.

• C. Any regulations adopted by the city manager may be amended by following the procedure outlined in subsection B of this subsection.

• D. All regulations adopted by the city manager shall have the same force and effect of law.

• (Ords. 28534, 29253, 30319; 31183.)

• A. If the City issues a peddler business permit, as a condition of such permit issuance, permittee agrees to waive and release the City and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorney fees and court costs arising out of any peddling activities or any illness or injury resulting therefrom, and shall agree to indemnify and hold harmless the City, its officers, agents, employees, contractors, and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the City, its officers, agents, employees, contractors and volunteers.

• B. If the City issues a peddler business permit, as a condition of such permit issuance, permittee shall acknowledge that the use of any sidewalk is at the sidewalk permittee's own risk and the

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§ 6.54.270

City will not take any steps to ensure any sidewalk is safe or conducive to the peddling activities.

(Ord. 31183.)

Editor’s note— Ord. 31183, § 3, adopted April 8, 2025, amended § 6.54.270 in its entirety, in effect repealing and reenacting said § 6.54.270 to read as set out herein. The former § 6.54.270 pertained to insurance for peddlers and derived from Ords. 25115, 28534, 30319.

• A. Peddlers shall be exempt from the provisions of this chapter when participating in an event under the following circumstances:

  1. While such peddlers are participating in an event subject to a special event permit issued pursuant to Chapter 13.14 of this Code, including, but not limited to, a parade, street closure, paseo/plaza use permit, or Park special use permit.

  2. While such peddlers are participating in an event declared to be a downtown special event pursuant to Chapter 6.55 of the code.

• B. The sponsoring organization is authorized to choose participating peddlers, issue space permits to such peddlers, and charge a reasonable fee for such business participation.

• C. The exemption shall be for the duration of the event only.

(Ords. 25115, 28534, 30319.)

Editor’s note— Ord. 30319, adopted Oct. 22, 2019, repealed § 6.54.290, which pertained to arena peddling prohibition zone and derived from Ords. 25115 and 28534.

Editor’s note— Ord. 30319, adopted Oct. 22, 2019, repealed § 6.54.295, which pertained to arena peddling prohibition and derived from Ords. 25115 and 28534.

Part 4

PERMITS AND LICENSES

Sections:

• A. The procedures set forth in Chapter 6.02 shall govern the application for, investigation, approval, denial, suspension, revocation, and renewal of any peddler business permit and peddler employee license issued pursuant to this chapter, except as specifically provided in this part.

• B. All the application procedures set out in Section 6.02.050 shall strictly apply to each applicant for a peddler business permit and peddler employee license.

(Ords. 25115, 28534.)

Fees for the peddler business permit, the approved location permit, and the peddler employee license applications and renewal applications shall be as set forth in the schedule of fees established by council resolution. Veterans qualifying for the exemption, as set forth in California Business and Professions Code Sections 16001 and 16001.5, shall be exempt from payment of such fees. (Ords. 25115, 28534.)

Each peddler permit and license issued under this chapter shall expire two years after the date of its issuance.

• (Ord. 29253.)

Part 5

ENFORCEMENT

Sections:

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§ 6.54.405

• A. Any violation of this Chapter by an approved location peddler or a mobile unit peddler shall be punishable only by an administrative citation in accordance with the procedures set forth in Chapter 1.15 of Title 1 of this Code relating to the issuance of administrative citations, imposing of administrative fines, right to appeal, and the right to an administrative hearing.

• B. The amounts of the fines for violations imposed pursuant to this Chapter against an approved location peddler or a mobile unit peddler shall be set forth in the schedule of fines established by resolution of the city council, and in accordance with California Government Code Section 51039.

• C. Any violation of this Chapter by an approved location peddler or a mobile unit peddler shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

• D. Failure to pay an administrative citation issued pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

• E. When assessing administrative citations pursuant to this Section, the hearing officer 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.

• F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of an administrative citation imposed pursuant to this Chapter.

• G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

• (Ord. 30319.)

• A. The City may impound a mobile unit and any associated equipment and any goods therein, for any of the following reasons:

  1. Peddling in areas prohibited for safety under section 6.54.215.A.

  2. Blocking or obstructing the free movement of pedestrians or vehicles as defined by section 6.54.215.B or obstructing or blocking a path of egress from a building, fire connection, or fire hydrant in violation of California Fire Code and local amendments and appliable standards..

  3. Peddling food or food products without a valid permit from the Santa Clara County Department of Environmental Health in violation of section 6.54.215.D.

  4. Chaining, fastening, or affixing equipment to structures, utilizing any structure in the right-of-way as an extension of the mobile unit, or leaving peddling equipment or goods unattended in violation of section 6.54.215.F.

  5. Peddling in apparent violation of any provision or mandatory requirement of this Chapter and refusing or failing to provide identification upon request by a City employee.

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§ 6.54.405

6. Peddling in apparent violation of any provision or mandatory requirement of this Chapter and refusing or failing to remove the mobile unit and any associated equipment from the sidewalk, park, or other property within 15 consecutive minutes after being instructed to do so by a City employee.

7. Peddling in a manner that creates an imminent and substantial danger or hazard to the health, safety, or general welfare of the public or the property at the location of the peddling equipment, including but not limited to, violations of California Fire Code and local amendments and applicable standards. Examples include discharge of oil, grease, or other slippery substance, using unapproved portable cooking, tent or membrane structure equipment, peddling without a fire extinguisher or peddling during urgent or emergency public safety events or incidents.

• B. The City may immediately dispose of impounded goods that cannot be safely stored or that are perishable.

• C. The person from whom the goods or mobile unit or associated equipment were taken shall, if present, be provided instructions for retrieval of impounded items.

• D. Impounded peddling equipment and goods, excluding any items that were disposed of according to section 6.54.405.B, will be released to the sidewalk peddler or owner provided that a description of the items is presented.

• E. Unclaimed items will be considered abandoned and forfeited to the City after 90 days following impoundment.

• (Ord. 31183.)

Any violation of this Chapter by a motor vehicle-based peddler shall be subject to any appropriate enforcement action by the City, which action may include without limitation the issuance of an

administrative citation in accordance with Chapter 1.15 of Title 1 of this Code and the imposition of an administrative fine in the amount set forth in the schedule of fines established by resolution of the city council or the issuance of a criminal citation in accordance with the enforcement provisions set forth in Chapter 1.08 of Title 1 of this Code. (Ord. 30319.)