Sanger Municipal Code § 70-69 Manner of and time period for selection of permit applications

(a) The city owns, controls or has under lease certain lands within the city which the city may use for parking automobiles or has acquired for the specific purpose of parking automobiles.

(b) The properties described in this section shall be signposted with visible signs showing such properties to be designated for parking purposes by the city with the time limit for parking placed on such signs.

(Code 1960, § 11.1)

No person shall stand or park any automobile, truck or other vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of traffic and with the wheels of the vehicle within 18 inches of the curb or edge of the roadway except in those locations at which diagonal parking is specifically authorized in the official traffic parking schedule on file in the city clerk's office.

(Code 1960, § 11.2; Ord. No. 917, § 1, 7-21-94)

No person shall stop, stand or park any automobile, truck or other vehicle in any public alley except for the purpose of loading or unloading passengers, freight or merchandise, and then such loading or unloading shall be done only on the east side north/south alleys or on the south side of east/west alleys.

(Code 1960, § 11.7; Ord. No. 917, § 2, 7-21-94)

(a) Except as provided in subsection (b) of this section, no person shall stop, stand or park any automobile, truck or other vehicle in any parking space on a public street, alley or parking area or in any off-street public or private parking facility or parking space designated as a "handicapped parking space" by blue paint on the curb, blue paint on the edge of the paved portion of the street adjacent to the parking space, or a sign consisting of a profile view of a wheelchair with an occupant in white on a blue background.

(b) Vehicles which display a distinguishing license plate or placard issued pursuant to Vehicle Code § 22511.5 or 5507 to disabled veterans pursuant to Vehicle Code § 9105 shall be entitled to park, stand or stop in handicapped stalls and parking spaces as designated in subsection (a) of this section.

(c) Designations for handicapped parking on a public street, alley or parking area or in any off-street public or private parking facility shall conform to the handicapped parking requirements as designated in the California Vehicle Code §§ 22511.7 and 22511.8(1), (2) and (3), as amended.

(d) The owner or person in lawful possession of property, upon which handicapped parking is required by federal, state, or local law, shall maintain the markings and signs in a manner so that the markings or signs are clearly visible to a motorist and any duly authorized enforcement officer.

(Code 1960, § 11.11; Ord. No. 951, § 1, 6-20-96)

No person shall stop, stand or park any automobile, truck or other vehicle on any public street of the city closer to a street or alley crossing than 15 feet, or closer to a fire hydrant than 15 feet except as authorized by Vehicle Code § 22514.

(Code 1960, § 11.12)

(a) No person shall stop, park or leave standing any type of vehicle in any designated fire lane or access road.

(b) No person shall obstruct in any manner or way any designated fire lane or access road.

(c) Fire lane or access road shall be defined as any area or roadway on private or public land designated by the fire department for fire protection purposes.

(d) This section shall not apply to any vehicle owned and operated by the fire department.

(e) The vehicles and/or obstructions found in violation of this section shall be removed immediately by the owner or they shall be ordered towed away or removed by the enforcing authority and/or a citation issued for an infraction prescribed by this Code.

(Code 1960, § 11.13)

(a) The city engineer or his authorized designee is hereby authorized to maintain, by appropriate signs or by appropriate paint upon the curb surface, all no stopping zones, no parking areas, and restricted parking areas as defined and described in this chapter. Notwithstanding anything to the contrary in this Code, the following curb markings or signs shall have the following meanings:

(1) One-hour parking. When authorized signs have been determined by the city council by resolution to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and holidays for a period of time any longer than one hour.

(2) Two-hour parking. When authorized signs have been determined by the city council by resolution to be necessary and are in place giving notice thereof, no operator of any vehicle shall stop, stand or park such vehicle between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and holidays for a period of time longer than two hours.

(3) Red curb markings. "Red" shall mean no standing, parking or stopping at any time except that a bus may stop in a red zone marked or signposted as a bus loading zone.

(4) Yellow curb markings. "Yellow" shall mean no stopping, standing or parking at any time between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and holidays for any purpose other than the loading and unloading of passengers and materials; provided, that the loading or unloading of passengers shall not consume more than three minutes, nor the loading or unloading of materials more than 30 minutes.

(5) White curb markings. "White" shall mean no stopping, standing or parking for any purpose other than loading or unloading of passengers which shall not exceed three minutes, and such restrictions shall apply between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and holidays and except as follows:

a. When such zone is in front of a theater, the restriction shall apply at all times except when the theater is closed.

b. When such zone is a taxicab zone the restrictions shall apply to all vehicles except to authorized taxicabs at all times.

c. When such a zone is a "Postal mailing zone" the restrictions for the loading and unloading of passengers shall apply to all times.

d. When such zone is otherwise regulated by signs posed as authorized by this section.

(6) Green curb markings. "Green" shall mean no standing, stopping or parking for longer than 20 minutes at any time between the hours of 8:00 a.m. and 6:00 p.m. on any day except Sundays and holidays.

(7) Blue curb markings. "Blue" shall mean parking limited exclusively to handicapped parking for vehicles appropriately displaying a license plate or placard in accordance with section 70-54 of this Code or applicable provisions of the Vehicle Code.

(b) When curb markings or signs are in place as authorized in this chapter, no operator of any vehicle shall stop, stand, or park such vehicle in violation of the provisions of this chapter.

(Code 1960, § 11.19; Ord. No. 917, § 3, 7-21-94; Ord. No. 1149, § 1, 8-7-14)

(a) Whenever the city manager or his authorized representative shall determine that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions or for other reasons, the city manager or his authorized representative shall have 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 the city manager or his authorized representative shall direct 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 manager or his representative 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 persons shall operate, park or stand any vehicle contrary to the directions and provisions of such signs.

(Code 1960, § 11.20)

Any regularly employed and salaried officer of the police department of the city may remove or cause to be removed:

(1) Any vehicle that has been parked or left standing upon a street or alley for 72 or more consecutive hours.

(2) Any vehicle which is parked or left standing upon a street or alley or city-owned parking lot when such parking or standing is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal.

(3) Any vehicle which is parked or left standing upon a street or alley where the use of such street or alley or a portion thereof is necessary for the cleaning, repair or construction of the street or alley or for the installation of underground utilities or where the use of the street or alley or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or alley or any portion thereof is necessary for the movement of equipment, articles or obstructions of unusual size and the parking of such vehicle would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected or placed at least 24 hours prior to the removal.

(Code 1960, § 11.21)

The city manager or his authorized representative may issue a temporary permit authorizing the applicant for such a permit to park in areas where parking is restricted by the provisions of this Code in the following circumstances:

(1) When applicant desires to use such parking area for nonprofit displays of general interest to the public.

(2) When parking in such parking area is necessary because of construction work on abutting property.

(3) When the strict application of parking regulations is not in the best interests of the city.

(Code 1960, § 11.22)

(a) No person shall stop, stand or park any commercial vehicle on any commercial street or in any between the hours of 10:00 p.m. and 6:00 a.m.

(b) Pursuant to Vehicle Code Section 260, the term "commercial vehicle" as used in this section shall mean a motor vehicle of a type required to be registered under the California Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property and having a manufacturer's gross vehicle weight rating of 10,000 pounds or more.

(c) No person shall stop, stand or park any trailer, detached from a commercial vehicle, on any public street. Pursuant to Vehicle Code Section 630, for the purposes of this section 70-61 and section 70-62(a), the term "trailer" shall mean a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

(d) Exceptions:

(1) A commercial vehicle making a pickup or a delivery of goods, wares and merchandise from or to any building or structure located on the restricted street, highway, thoroughfare or alley;

(2) A commercial vehicle engaged in the delivery of materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure, located on the restricted street, highway, thoroughfare or alley, for which building or structure a building permit has been previously obtained;

(3) A single tow truck or roll-back carrier when the operator of the tow truck or roll-back carrier is on-call pursuant to a valid tow service agreement with a state or local agency and/or on-call for a twenty-four-hour tow service. The exemption for single tow trucks and roll-back carriers shall apply to Class A and Class B vehicles as defined by the city police department's most current service agreement; and

(4) A school bus designed and used or maintained for the transportation of any school pupil at or before the twelfth grade level to or from a public or private school or to or from public or private school activities.

(Code 1960, § 11.24; Ord. No. 2025-05, § 1, 6-17-25)

(a) Commercial vehicles. No person shall stop, stand or park any commercial vehicle having a manufacturer's gross vehicle weight rating of 10,000 pounds or more or a trailer as defined in section 70-61 on any residential district in the city or in any front, side or rear yard in any in any residential district in the city.

(b) Recreational vehicles. No person shall park a recreational vehicle in any residential district in the city or in any front, side or rear yard in any in any residential district in the city. The term "recreational vehicle" as used in this section 70-62 is inclusive of recreational vehicles, fifth wheel trailers, boats, and trailers.

(c) Exceptions.

(1) This section 70-62 shall not be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or areas or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or constructions of any building or structure upon the restricted street or area for which a building permit has been previously obtained.

(2) Recreational vehicles may be parked in the rear yard or side yard if screened by a wall or solid fence not less than five feet in height.

(3) A recreational vehicle may be parked in the driveway for purposes of loading and unloading for up to 72 hours in any month and shall not encroach into the public right of way. For purposes of this subsection, parking for up to 72 hours includes being parked in the front yard, the driveway, and/or the street.

(4) Recreational vehicles may be parked in a full enclosed garage with a non-permeable surface.

(5) A commercial vehicle making a pickup or a delivery of goods, wares and merchandise from or to any building or structure located on the restricted street, highway, thoroughfare or alley;

(6) A commercial vehicle engaged in the delivery of materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure, located on the restricted street, highway, thoroughfare or alley, for which building or structure a building permit has been previously obtained;

(7) A single tow truck or roll-back carrier when the operator of the tow truck or roll-back carrier is on-call pursuant to a valid tow service agreement with a state or local agency and/or on-call for a twenty-four-hour tow service. The exemption for single tow trucks and roll-back carriers shall apply to Class A and Class B vehicles as defined by the city police department's most current service agreement; and

(8) A school bus designed and used or maintained for the transportation of any school pupil at or before the twelfth grade level to or from a public or private school or to or from public or private school activities.

(d) Residential zone. For purposes of this section 70-62, the term "residential zone" means residential zone districts as set forth in Chapter 90 of the Sanger City Code, except for R-A Single Family Residential Agricultural District.

(Code 1960, § 11.25; Ord. No. 2025-05, § 1, 6-17-25)

No person shall stand or park any vehicle at certain times and at certain locations designated on the streets of the city in accordance with the official traffic parking schedule which is on file and available in the city clerk's office.

(Code 1960, §§ 11.3, 11.10, 11.18-1; Ord. No. 896, § 6(36), 10-7-93)

(a) Mobile food vending operations may only be conducted in the city within the following boundaries:

(1) On L Street between 5th Street and 7th Street.

(2) On K Street between 10th Street and Annadale Avenue.

(3) On Industrial Way south of North Avenue.

(4) On Muscat Avenue east of Academy Avenue (mobile food vending shall occur no closer than 500 feet from any intersection).

(5) On Commerce Avenue east of Academy Avenue (mobile food vending shall occur no closer than 500 feet from any intersection).

(6) At the city's public work yard.

(b) Subject to the provisions of this section, a person may operate a mobile food vending vehicle within the city, including construction sites, only between the hours of 8:00 a.m. to 9:00 p.m.

(c) Except as provided herein and in section 42-21, no person shall stop, stand or park any mobile food vending vehicle, during the hours of lawful operation as set forth in subsection (a), at any location for more than 30 minutes in any 24-hour period.

(d) No location shall be the site of mobile food vending operations for longer than 30 minutes in any 24-hour period.

(e) No mobile food vendor shall stop or be situated, for the purpose of vending food, closer than 1,000 feet from any other mobile food vendor.

(f) Reserved.

(g) No mobile food vendor shall stop or be situated, for the purpose of vending food, closer than 1,000 feet from any restaurant.

(h) At no time shall any person stop, stand or park any mobile food vending vehicle along Academy Avenue, Jensen Avenue or Bethel Avenue for the purpose of engaging in food vending operations or related businesses along those streets.

(i) A "mobile food vending vehicle" means a vehicle from which food products are sold directly to the public. Mobile food vending vehicles do not include vehicles used for the pickup or delivery of food products to commercial businesses or food processing plants.

(j) The closure or intermittent stoppage of operations of a mobile food vending vehicle while at a location shall not extend the time during which the mobile food vending vehicle may stop, park or stand at such location.

(k) For purposes of this section, "location" includes any spot within 1,000 feet of such spot.

(l) Nothing in this section shall be deemed to imply that mobile food vending vehicles are authorized to conduct operations on any property (other than a public right-of-way) without the permission of the owner thereof or in a manner violative of the land use ordinances of the city.

(m) For purposes of this section, "construction site" shall mean any location within the city limits at which lawful and permitted assembly or erection of multiple new structures for residential occupation is taking place.

(n) No mobile food vendor or mobile food vending vehicle shall stop or be situated, for the purpose of vending food, within 500 [feet] of the property line of any public or private school intended to educate individuals 18 years of age or younger between the hours of 7:00 a.m. and 4:30 p.m. on days when school is in session.

(Ord. No. 873, § 1, 8-20-92; Ord. No. 915, § 1, 2-2-95: Ord. No. 1032, §§ 1, 2, 12-5-02; Ord. No. 1074, § 1, 3-2-06; Ord. No. 1098, § 1, 5-15-08; Ord. No. 1108, § 1, 7-16-09)

(a) No mobile food vendor (as defined in subsection 70-64(l)) shall operate a mobile food vending vehicle (as defined in section 70-64(k)) in the city without a permit to operate such vehicle issued by the city manager or designee.

(b) The applicant shall:

(1) Have a valid city business license;

(2) Produce evidence that the applicant and the mobile food vending vehicle are properly licensed to sell food products by the Fresno County Health Department;

(3) Pay an application fee in the amount of $50.00;

(4) List all locations (operating business premises) at which the applicant seeks to conduct mobile food vending operations during the hours of lawful operation as set forth in section 70-64; and

(5) Produce evidence showing the applicant has written permission from the owner of the operating business premises at which the applicant seeks to conduct mobile food vending operations during the hours set forth in section 70-64.

(Ord. No. 915, § 2, 2-2-95; Ord. No. 1032, §§ 1, 3, 12-5-02)

All permits to operate mobile food vending vehicles expire on the first day of February of each calendar year. Individuals who desire to obtain a permit to conduct mobile food vending operations within the city during the following year must apply/reapply for such a permit along the terms and conditions existing at the time of application/reapplication.

(Ord. No. 915, § 3, 2-2-95; Ord. No. 1032, §§ 1, 4, 12-5-02)

To be eligible, the applicant shall apply in person with the city clerk for a mobile food vending vehicle permit on or before January 15 of each and every calendar year. Such form shall be signed under penalty of perjury as to the truth of the information provided therein, and shall require all of the following:

(1) The applicant possesses a valid city business license.

(2) Name, date of birth, and description of the applicant. The description shall include, but is not necessarily limited to height, weight, gender, color of hair, color of eyes, age, any birthmarks or other distinguishing characteristics.

(3) Permanent home address and local address (if any), of the individual applicant.

(4) Criminal record, if any, of the applicant. If the applicant has a criminal record, then information which is deemed adequate by the city's chief of police in order to verify the accuracy of the criminal history disclosed, including, but not necessarily limited to, the applicant's fingerprints.

(5) The name and address of the applicant's business, his or her interest in or relationship with such business and, if the applicant is employed, then each of the following:

a. The documentation which would be adequate to complete an employment eligibility verification (form I-9), of the U.S. Department of Justice, Immigration and Naturalization Service and a copy of the I-9 form completed for the employer.

b. Documentation of worker's compensation insurance coverage of the employee while engaged in the operation of a mobile food vending vehicle while in the city.

c. The name and address of the employer together with credentials establishing the exact relationship between the applicant and such employer.

(6) A statement certifying compliance with the requirements of the Fresno County Health Department for each vehicle or other equipment from which the food product or substance is to be sold and for the location in which such food product or substance is prepared by the applicant or the applicant's employer.

(7) Proof of an appropriate operator's permit issued by the California Department of Motor Vehicles for each of the individuals who will be driving the mobile food vending vehicle while it is in the city.

(8) Proof of the current registration of each mobile food vending vehicle under California law, along with the vehicle identification number, and license number of each such vehicle.

(9) Proof of compliance with the financial responsibility requirements of the department of motor vehicles for each of the mobile food vending vehicles to be operated in the city.

(Ord. No. 915, § 4, 2-2-95; Ord. No. 1032, §§ 1, 5, 12-5-02)

The city may issue a maximum of five permits per year to eligible applicants to operate mobile food vending vehicles within the city.

(Ord. No. 923, § 1, 2-2-95; Ord. No. 1032, §§ 1, 6, 12-5-02; Ord. No. 1074, § 2, 3-2-06)

(1) The term of the mobile food vehicle permits is from July 1 to June 30 of each fiscal year. Any applicants desiring a mobile food vending permit must submit an application for such a permit to the city clerk on or before June 15 preceding the start of the fiscal year. Any previous permits issued for the period February 1, 2005, to February 1, 2006, shall be automatically amended to expire on June 30, 2006. Any such permits will be counted as part of the total of five permits allowed by the Code. The number of permits existing for the period of February 1, 2005, to June 30, 2006, shall be no more than five.

(2) If the city clerk receives five or less timely and properly submitted applications, the city shall process all those applications and issue permits, but only if those applicants satisfy the terms set forth in sections 70-65, 70-67 and 70-70.

(3) Each year, the administrative services director or designee shall compile all timely and properly submitted applications for mobile food vending vehicle permits that were received by the city clerk. The city will not consider any untimely or improperly submitted applications for a mobile food vending permit, except as stated in subsection (4) below. The administrative services director shall draw from those applications on a lottery basis. The lottery election process shall be open to the public, after the city provides reasonable notice.

(4) The city shall process all applications in the order in which they are drawn. The administrative services director or designee shall then issue permits to the first five applicants whose applications are drawn and who meet the terms set forth in sections 70-65, 70-67 and 70-70. If any of the first five drawn applications do not meet the requirements set forth in the Code, the administrative services director shall process the remaining applications in the order in which they were drawn so as to enable the administrative services director to issue permits (maximum total of five) to qualifying applicants effective July 1st of the year that the application was submitted.

(5) If, after the lottery is held, there is an insufficient number of qualified applicants to issue the maximum five permits, the city may, at its discretion, issue the remaining permits to any vendor who subsequently applies and meets the qualification requirements of sections 70-65, 70-67 and 70-70, or to previous applicants who did not meet the qualification requirements of those sections at the time of the lottery, but subsequently have met the qualification requirements.

(Ord. No. 1032, § 7, 12-5-02; Ord. No. 1074, § 3, 3-2-06)

(a) The issuance of the permit shall be subject to the following conditions:

(1) All applications for a permit to conduct mobile food vending operations selected pursuant to section 70-69 of this Code shall be referred by the city manager to the Fresno County Health Department, who shall cause to be made such investigation and examination of the applicant and the applicant's equipment, facilities, place of business and/or manner of operation of the same as it shall deem necessary for the protection of the public health and welfare, and to assure compliance with sanitation laws of the state and this Code. If, as a result of such investigation, any of the matters investigated by the Fresno County Health Department are found to be unsatisfactory, the health department shall endorse on such application its disapproval thereof and the reasons, and shall return the application to the city manager, who shall notify the applicant that his or her application has been disapproved and that no permit will be issued. If, as a result of such investigation, the applicant's equipment, facilities, place of business and/or manner of operation of the same are found to be satisfactory, the Fresno County Health Department shall endorse on the application its approval, and return the application to the city manager.

(2) If, upon completion of the investigation, the application is approved, and after payment of all fees and posting of all assurances required by this chapter, the city manager shall issue or cause to be issued a permit addressed to the applicant for the carrying on of mobile food vending operations, and the city clerk shall keep a record showing the number of each such permit, the name and address of the person to whom it is issued, and the dates of issue and expiration thereof. A copy of said record shall be forwarded to, and maintained by, the city manager.

(3) Every mobile food vending vehicle must have readable signage on both sides and the rear of the vehicle. The sign must contain, at a minimum, the business's name, address, and telephone number.

(4) A decal provided by the city shall be displayed on the upper right corner of each mobile food vending vehicle. The decal will identify the mobile food vending vehicle as one lawfully permitted by the city to conduct mobile food vending operations.

(5) Mobile food vending vehicles shall be operated consistent with all applicable Fresno County Health Department requirements and state laws and regulations.

(6) No individual or related business shall simultaneously hold more than one city permit to operate a mobile food vending vehicle during any permit term. For purposes of this section, individual means any person and includes a husband and wife marital unit.

(7) No holder of a city permit to operate a mobile food vending vehicle may be a partner, shareholder, joint venturer, or have any other business relationship which involves the sharing of profits/losses, etc.

(8) Every mobile food vendor shall comply with all city zoning ordinances, including but not limited to, those applicable to the areas where such vehicles may be lawfully washed, cleaned, stored, and repaired, and the areas where deliveries of goods and materials for use in mobile food vending operations may lawfully be received.

(b) The permit shall specifically describe all locations at which the mobile food vending vehicle is permitted to conduct operations during the times permitted by section 70-64.

(Ord. No. 1032, § 8, 12-5-02)

The city council finds and declares that a danger to the public health, safety and welfare is presented by the solid waste generated by mobile food vendors in the city. In order to minimize the negative impact of such activities, the city imposes the following requirements on mobile food vendors:

(1) Every mobile food vending vehicle within the city shall have built into it, in a location which is accessible by the customers of the mobile food vendor, a receptacle for garbage, rubbish or refuse.

(2) Mobile food vendors shall pick up and remove all trash within 50 feet of any spot at which they conduct mobile food vending operations prior to moving to a different location.

(3) Every applicant for a mobile food vending vehicle permit shall, within ten days after the issuance of the permit issued pursuant to this chapter, and prior to the commencement of any mobile food vending operations, furnish to the city clerk a cash bond of $500.00. Such bond shall be:

a. Held by the city to pay for the cleaning of any public street, sidewalk, or other public area which may be required due to the business activities of the applicant; and

b. Held by the city for the entire duration of the permit, and if any such bond shall be used by the city to accomplish such cleaning, the applicant shall, within ten days after receiving notice of such use, replenish the bond amount to the extent of the amount used.

(Ord. No. 1032, § 9, 12-5-02)

At all times while engaged in mobile food vending operations within the city, each mobile food vending vehicle permitee must retain, in his or her personal possession, the permit and business license issued by the city clerk, and must produce and show the same upon request by any prospective customer, police officer, or city official.

(1) No person issued a permit and business license shall alter, remove, or obliterate any entry made upon such documents, or deface them in any way.

(2) Each permit issued under this chapter shall be personal, nonassignable, and nontransferable. In addition, no person other than the person to whom the permit or business license is issued shall use the document(s).

(3) Upon request of any police officer or other officer of the city, every holder of a permit issued under this chapter shall sign his or her name for comparison with the signature upon the permit application, and shall produce adequate documentation that the person who has produced the permit is, in fact, the person to whom the permit is issued. A valid driver's license or department of motor vehicles identification card, which is consistent with the information on the permit, and showing the photograph of the person who has produced the permit, shall be presumed to be adequate documentation for these purposes.

(Ord. No. 1032, § 10, 12-5-02)

No person shall, in the course of conducting mobile food vending operations, create any public nuisance as defined in this Code, or disturb the peace and quiet of any neighborhood. Consistent with section 38-7 of this Code, each of the following shall be considered to constitute a nuisance by a mobile food vendor:

(1) The use of loud noise, brilliant lights, sound, outcry, amplified loudspeaker, radio, phonograph, horn or any other instrument or device for the purpose of advertising to generate sales.

(2) The operation of a mobile food vending vehicle at times or locations other than those set forth in section 70-64 of this Code.

(3) The sale or offer for sale by any mobile food vendor of any food item within or upon any public street except as set forth herein:

a. If the mobile food vending vehicle is parked at a curb, then all vending must be conducted from the side of such vehicle that is nearest to the curb of such street.

b. If the mobile food vending vehicle is parked at a location other than a curb, the vehicle shall be parked either off of the roadway surface, or at a minimum, out of the lane of travel, and the customer's vehicle, if any, shall be parked either off of the roadway surface, or at a minimum, out of the lane of travel.

c. A mobile food vendor shall not sell or offer for sale any food item in such a manner as to obstruct the free passage of any sidewalk. Such activities shall not obstruct free passage into or out of any residence, business, office or other establishment. It shall be a violation of this subsection for any mobile food vendor to place, or cause to be placed, on or around the location of his or her engaging in mobile food vending operations, any tables, chairs, benches, umbrellas, canopies, garbage cans, furniture, or any other such devices which shall have the effect of suggesting to the customer of the mobile food vendor that the customer remain at the location of the sale for any period of time longer than is necessary to conduct the sale of the food item(s).

d. No mobile food vendor shall sell or offer for sale any food item in such a manner as to obstruct or obscure the line of vision of any automobile traffic. In particular, no such activity shall be conducted at any location, in a manner which should cause, or have a tendency to cause, automobile drivers to be unable to see any potential traffic hazard or automobile or pedestrian cross traffic. Specifically, no mobile food vendor shall engage in mobile food vending operations in any of the following locations:

i. Within ten feet of a perpendicular line drawn from the curb to a doorway or entry opening of a building;

ii. Within 20 feet of any driveway;

iii. Within 20 feet of any crosswalk;

iv. Within 20 feet of the intersection of property lines at a street corner;

v. Within 20 feet of an alley approach;

vi. Within 200 feet of any residential building;

vii. Within 100 feet of any school, school ground, hospital, or church; or

viii. In any private right-of-way.

ix. Within 500 feet of the property line of any public or private school intended to educate individuals 18 years of age or younger between the hours of 7:00 a.m. and 4:30 p.m. on days when school is in session.

(Ord. No. 1032, § 11, 12-5-02; Ord. No. 1098, § 2, 5-15-08)

Any permit issued pursuant to this chapter may be revoked at any time by the city manager for any of the following reasons:

(1) Fraud, misrepresentation or false statement contained in the application for a permit;

(2) Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such permit;

(3) Violations of the provisions of the permit or this Code;

(4) Conducting the activity authorized by the permit in an unlawful manner, or in such manner as to cause a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public;

(5) The finding of any fact by the city, which if known by the city at the time the application was processed, would have resulted in the city's denial of the permit;

(6) Failure to pay any judgment arising from or connected with the activities authorized by the permit;

(7) Revocation or suspension of any permit required by the Fresno County Health Department;

(8) A change in this Code having the effect of prohibiting mobile food vending operations or modifying the use, terms and conditions within the city; or

(9) At the discretion of the city manager or designee.

(Ord. No. 1032, § 12, 12-5-02)

Any person may appeal a decision of the city manager to revoke a permit to operate a mobile food vending vehicle by filing a written notice of appeal with the city clerk within 15 days after notification of the city manager's action. The notice of appeal shall specify in writing all grounds for the appeal. The appeal hearing shall be conducted by the city council within 30 days after the filing of the appeal. The city council's decision shall be final.

(Ord. No. 1032, § 13, 12-5-02)

(a) Any person violating any of the provisions of this chapter, or knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in procuring the permit herein provided for shall be deemed guilty of a misdemeanor, or at the discretion of the city attorney, an infraction. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued, or permitted by such person.

(b) Penalties for infractions shall be set by resolution of the city council. The city council shall periodically review the penalties for infractions and set new penalties by resolution as required to maintain the effectiveness of this Code.

(c) All remedies provided for herein shall be cumulative and exclusive.

(Ord. No. 1032, § 14, 12-5-02)

Notwithstanding anything set forth or provided for in this Code, if other provisions of this Code, or other applicable laws, rules, or regulations are more restrictive than the provisions set forth in this Code, then the other such laws, rules or regulations shall be applicable.

(Ord. No. 1032, § 15, 12-5-02)

The city may amend this article from time to time to impose such other and further restrictions on mobile food vending operations as it deems necessary to maintain the spirit of this Code section and Code.

(Ord. No. 1032, § 16, 12-5-02)

The city's public works director is authorized and empowered to designate restricted parking at various locations in the city for up to four hours a day, two days per month, for the purpose of facilitating street sweeping operations on those streets.

(Ord. No. 1032, § 17, 12-5-02)