Santa Ana Municipal Code § 26-2 General prohibitions

For purposes of this article, the following terms have the following respective meanings:

(a) Pushcart. Any wagon, cart, or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the State of California, from which food, beverage or product is offered for sale to the public. This includes an ice cream pushcart as defined herein.

(b) Vend or vending. Offering food, beverage or product of any kind for sale from a pushcart on any sidewalk, street, alley, highway or unenclosed place open to the public, whether publicly or privately owned, including the movement or standing of a pushcart for the purpose of searching for, obtaining or soliciting retail sales of products.

(c) Person. Any natural person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners and operators.

(d) Owner. Any person who owns or controls one (1) or more pushcarts and:

(1) Conducts or permits or causes the operation of such pushcart(s) vending food, beverage or product;

(2) Owns, operates, controls or manages such pushcart(s); or

(3) Contracts with persons to vend food, beverage or product from such pushcart(s).

(e) Operator. Any person who operates a pushcart for the purpose of vending food, beverage or product therefrom.

(f) Owner's permit. A permit issued by the city authorizing the holder to engage in the business of vending food, beverage or product from a pushcart. This includes an owner's ice cream permit as defined herein.

(g) Operator's permit. The permit issued to any person who operates a pushcart for the purpose of soliciting, vending or offering for sale any food, beverage or product from a pushcart on any sidewalk, street, alley, highway or public place within the City of Santa Ana.

(h) Uniform. At a minimum, a collared shirt containing the logo, insignia, name or other identifying characteristic of the owner.

(i) Civic Center District. The open-space pedestrian areas in the civic center complex bounded by Flower Street, Civic Center Drive, Broadway and Santa Ana Boulevard.

(j) Downtown District. All public property and private property open to the public bounded by Ross Street on the west, First Street on the south, Civic Center Drive on the north, and French Street on the east, excluding therefrom any portion of the area defined as the Civic Center District in section 26-1(i) of this Code.

(k) Director. The executive director of the Planning and Building agency or his or her designated representative.

(l) Ice cream pushcart. Any pushcart from which ice cream, frozen or refrigerated desserts, confections, novelties commonly known as ice cream, or other prepackaged frozen items, are offered for sale to the public.

(m) Owner's ice cream permit. A permit issued by the city authorizing the holder to engage in the business of vending from an ice cream pushcart.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2366, § 1, 8-17-98; Ord. No. NS-2453, § 1, 11-20-00; Ord. No. NS-2481, § 2, 11-19-01)

(a) No person shall sell or offer for sale any food, beverage or product from any portable box, stand, bag or similar container other than a pushcart, on any street, parkway or sidewalk, or in any unenclosed area open to the public.

(b) No person shall employ, direct or otherwise cause any other person to vend or offer to vend any food, beverage or product in violation of any provision of this chapter or regulations promulgated pursuant to subsection 26-22(c).

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2366, § 2, 8-17-98; Ord. No. NS-2453, § 1, 11-20-00)

(a) No person shall operate as an owner without an owner's permit issued pursuant to the provisions of Article II of this chapter, or without any other business tax, license or permit required under any other chapter of this Code for each and every pushcart such person is operating or causing to be operated in the City of Santa Ana.

(b) No person shall operate or vend from a pushcart within the Civic Center District as defined in subsection 26-1(i) unless the owner of the pushcart holds a valid Civic Center owner's permit for such pushcart.

(c) No person shall operate or vend from a pushcart within the Downtown District as defined in 26-1(j) unless the owner of the pushcart holds a valid Downtown District owner's permit for such pushcart.

(d) No person shall operate or vend from a pushcart in violation of any permit restriction placed upon the pushcart owner's permit pursuant to section 26-22.

(e) No person shall vend from a pushcart without having first obtained a valid operator's permit issued pursuant to the provisions of Article III of this chapter.

(f) No person shall vend from a pushcart without having upon his/her person a valid operator's permit in his/her own name.

(g) No person shall employ or retain any person to operate a pushcart for the purpose of vending unless the person so employed or retained has an operator's permit issued pursuant to the provisions of Article III of this chapter.

(h) No person shall operate or vend from an ice cream pushcart as defined in subsection 26-1(l) unless the owner of the pushcart holds a valid owner's ice cream permit for such ice cream pushcart. All owners who possess a valid owner's permit and vend ice cream as of January 1, 2002, shall have two (2) years commencing January 1, 2002, to obtain an owner's ice cream permit.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 1, 11-20-00; Ord. No. NS-2481, § 3, 11-19-01)

(a) No person shall operate or vend from a pushcart which is located within fifty (50) feet of any other pushcart.

(b) No person shall operate or vend from a pushcart within two hundred (200) feet of any property utilized for school uses or church uses.

(c) No person shall operate or vend from a pushcart within five hundred (500) feet of the boundaries of the Santa Ana Zoo located within Prentice Park.

(d) No person shall operate or vend from a pushcart within ten (10) feet of any intersection, driveway, building entrance, or in any space designated for vehicular parking.

(e) Pushcarts shall not remain stationary except for the purpose of conducting a sales transaction. Such restriction shall not apply to any pushcart who is legally operating within the Civic Center or Downtown Districts.

(f) No pushcart which is permitted to vend in the Civic Center or Downtown Districts shall vend in any location other than that area designated by the director pursuant to section 26-22.

(g) No person shall operate or vend from a pushcart before 9:00 a.m. or later than 6:00 p.m. during periods of standard time.

(h) No person shall operate or vend from a pushcart before 9:00 a.m. or later than 8:00 p.m. during periods of daylight savings time.

(i) No person shall operate or vend from a pushcart, except those pushcarts permitted to vend in the Civic Center and Downtown Districts, in violation of any standards set forth in section 26-5.

(j) No person shall operate or vend from a pushcart within the Civic Center and Downtown Districts in violation of any standards set forth in section 26-5 and 26-6.

(k) No person shall operate or vend from a pushcart in violation of any restriction placed upon the owner's permit issued to such pushcart pursuant to 26-22.

(l) No person shall operate or vend from an ice cream pushcart in violation of any standards set forth in sections 26.5 and 26-5.5.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2453, § 1, 11-20-00; Ord. No. NS-2481, § 4, 11-19-01)

(a) Each pushcart shall have affixed to it in plain view the owner's permit and any permit required by section 18-502 of this Code.

(b) The maximum dimensions of any pushcart shall be six (6) feet in length and four (4) feet in width.

(c) The only signs used in conjunction with a pushcart shall be signs affixed to or painted on the pushcart or its canopy.

(d) The operator of a pushcart, if such a person is an employee, contractee, lessee of an owner, shall be required to wear a uniform as defined in section 26-1 and shall carry his operator's permit upon his person.

(e) No artificial lighting of any pushcart is permitted.

(f) A refuse bin of at least one (1) cubic foot shall be provided in or on the pushcart.

(g) No noise-making devices shall be used in conjunction with pushcart vending except one (1) bell with a maximum diameter of two (2) inches.

(Ord. No. NS-2133, § 1, 7-15-91)

(a) Notwithstanding section 26-5, all ice cream pushcarts must be stainless steal, the maximum dimensions of which shall not exceed forty-six (46) inches in length, thirty-one (31) inches in height and twenty-two (22) inches in width. The city logo shall be affixed to the body of the ice cream pushcart. The owner shall provide evidence that the ice cream pushcart was purchased after January 1, 2002, in new condition and is not refurbished.

(b) Notwithstanding section 26-5, the only sign to be used in conjunction with the ice cream pushcart shall be a sign affixed to the ice cream pushcart depicting the types of products offered for sale. The sign shall be approved by the director.

(c) Notwithstanding section 26-5, the operator of a pushcart, if such a person is an employee, contractee, lessee of an owner, shall be required to wear a uniform consisting of pants, a hat, and a vest and shirt, or polo shirt. The company logo of the owner shall be affixed to the shirt, vest, and hat. The director shall designate acceptable colors for the uniform.

(d) All owners who possess a valid owner's permit and vend ice cream as of January 1, 2002, shall have two (2) years commencing January 1, 2002, to obtain an owner's ice cream permit and to comply with the provisions of section 26-5.5.

(Ord. No. NS-2481, § 5, 11-19-01)

Notwithstanding section 26-5, the maximum dimensions of any pushcart operating in the Civic Center and Downtown Districts shall not exceed eight (8) feet in length, seven (7) feet in height and five (5) feet in width.

(Ord. No. NS-2133, § 1, 7-15-91; Ord. No. NS-2366, § 3, 8-17-98; Ord. No. NS-2453, § 2, 11-20-00)

Nothing in this chapter shall be construed to authorize the grantee of any owner's permit or operator's permit to vend from a pushcart in a manner which violates the zoning regulations set forth in Chapter 41 of this Code.

(Ord. No. NS-2133, § 1, 7-15-91)

Any pushcart operated contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a pushcart contrary to the provisions of this article.

(Ord. No. NS-2133, § 1, 7-15-91)

A pushcart may be impounded by a police officer or by any other person authorized to enforce this chapter pursuant to section 1-18.1 of this Code, in the course of an arrest of the operator for a violation of this Code when the pushcart is to be used as evidence of the violation.

(Ord. No. NS-2133, § 1, 7-15-91)