San Jose Municipal Code Part 5 Enforcement

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.

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.)