South Pasadena Municipal Code § 19.49 Parking for certain purposes prohibited

No person shall park a vehicle upon any roadway for the principal purpose of:

• (a) Displaying such vehicle for sale; or

(b) Washing, servicing, repairing or otherwise working on such vehicle, except repairs necessitated by an emergency. (Ord. No. 1106, § 9.04; Ord. No. 2239, § 1, 2012.)

(a) Authority. The herein SPMC Section 19.49-1 is adopted pursuant to the authority granted to the city of South Pasadena by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place and manner of vending from vehicles upon the street in order to promote public safety.

(b) Definitions. For purposes of this chapter, the following words or phrases shall have the following meanings:

• (1) Food or Food Products. Any type of edible substance or beverage.

(2) Mobile Food Vendor. A person who operates or assists in the operation of a vending vehicle.

• (3) Vend or Vending. To sell, offer for sale, display, barter, exchange, or otherwise give food or food products from a vending vehicle.

• (4) Vendor. A person who vends, including an employee or agent of a vendor.

(5) Vending Vehicle. Any motorized device or vehicle by which any person or property may be propelled or moved upon a highway from which food or food products are sold, offered for sale, displayed, bartered, exchanged or otherwise given, excepting a device moved exclusively by human power, or which may be drawn or towed by a self-propelled, motorized vehicle.

(c) Mobile Food Vendors in the Public Right-of-Way. A mobile food vendor may locate his or her vehicle in the public right-of-way as long as the mobile food vendor adheres to the following time, place, and manner restrictions:

(1) The vending vehicle is in full compliance with all parking and Vehicle Code provisions that apply to the location at which it is parked.

(2) The mobile food vendor shall display at least one “no smoking” sign (see Article V (Smoking—Prohibited) of Chapter 17 (Health and Sanitation) of the South Pasadena Municipal Code).

(3) The mobile food vendor has a valid permit, certificate or other required approval from the Los Angeles County department of health (or from an agency or department duly authorized to act on behalf of the Los Angeles County department of health), including visible display of food-grade cards (if issued); the mobile food vendor has available for review the most recent and current Los Angeles County vehicle inspection report; and the mobile food vendor operates in compliance with the California Retail Food Code, including California Health and Safety Code Section 114315(a), which mandates that a “food facility shall be operated within two hundred feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the enforcement agency, to ensure that restroom facilities are available to facility employees whenever the mobile food facility is stopped to conduct business for more than a one-hour period.”

(4) The mobile food vendor has a valid business license from the city. As part of its application for a business license, the mobile food vendor shall furnish to the city evidence of insurance, as deemed acceptable in the reasonable discretion of the city, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

(5) All vending vehicles shall be inspected by the South Pasadena fire department prior to issuance or renewal of a business license involving use of the vending vehicle. All vending trucks shall comply with National Fire Protection Association (NFPA) 96. The business license must be renewed at City Hall, and applications are subject to South Pasadena fire department inspection per NFPA 96.

(6) No mobile food vendor may operate a vehicle:

(A) Within twenty-five feet from the outer edge of any driveway or vehicular entrance to public or private property. The twenty-five feet is to be measured from the front or back of the mobile vending vehicle (whichever is closer to the driveway or vehicular entrance) to the outer edge of the driveway or vehicular entrance.

(B) Within twenty-five feet of any street intersection as defined by Vehicle Code Section 365, or as said Vehicle Code definition is amended.

(C) Within twenty-five feet of a bus stop during the hours when buses are operating.

(D) Between the hours of seven a.m. and four p.m. of any school day session, within three hundred feet of the nearest property line of any property in which a school grades K to 12 building is located.

(E) Within twenty-five feet of a marked crosswalk or a stop bar.

(7) The mobile food vendor shall not encroach onto a public sidewalk or parkway with any part of its vending vehicle or any other equipment or furniture related to the operation of its business, unless he/she obtains a public works encroachment permit, except in the case of a waste receptacle.

(8) The vending vehicle or patrons do not obstruct pedestrian or vehicular traffic. Minimum pedestrian clearance of four feet is provided at all times on sidewalk.

(9) Vending is prohibited on the exposed street and/or vehicular traffic side of the vending vehicle.

(10) The mobile food vendor shall maintain in the immediate vicinity of the vending vehicle clearly designated noncombustible waste receptacles, which will reasonably accommodate the immediate waste needs generated by the mobile food vendor’s sales.

(11) No hookups to electricity, water, or sewer.

(12) The mobile food vendor shall not discharge any liquid (e.g., grease, oil, water) onto or into city streets, storm drains, catch basins, or sewer facilities.

(13) The mobile food vendor shall be subject to the noise provisions set forth in Chapter 19A of the SPMC.

(14) All food products sold or provided from the vending vehicle shall comply with all applicable food-labeling requirements established by the state of California, and the mobile food vendor must obtain all required permits, including without limitation, health permits, to sell or provide such items.

(15) Any use of a portable sidewalk sign (being defined as “a temporary A-frame or sandwich board sign that is placed on a public sidewalk to advertise a nearby business,” or as hereafter amended in definition as provided in Section 36.320.110 of the SPMC) by a mobile food vendor in the ownership, operation or use of a vending vehicle shall be subject to all of the requirements of subsection (E) of the SPMC Section 36.320.080 Standards for specific types of signs, or as such requirements are hereafter amended.

(d) Compliance with State and Local Laws. Mobile food vendors shall comply with all applicable state and local laws. (Ord. No. 2249, § 2, 2013; Ord. No. 2327, § 2, 2019.)

(a) Definitions. For purposes of this section, the following words or phrases shall have the following meanings:

(1) Mobile Billboard Advertising Display. An advertising display that is attached to a vehicle or any other mobile, non-motorized device, conveyance, or bicycle that carries, pulls, or transports a sign or billboard and is for the primary purpose of advertising.

(b) No person shall park any mobile billboard advertising display as defined herein, either standing alone or attached to a motor vehicle, upon any public street or public lands in the city of South Pasadena.

(c) Removal of Mobile Billboard Advertising Displays Authorized. Pursuant to Section 22651(v) and (w) of the California Vehicle Code, a peace officer, or any regularly employed and salaried employee of the city, who is authorized to engage and is engaged in directing traffic or enforcing parking laws and regulations, may remove, or cause to be removed, the mobile billboard advertising display, or anything that the mobile billboard display is attached to, including a motor vehicle, located within the territorial limits of the city when the mobile advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:

(1) When a mobile billboard advertising display either standing alone or attached to a motor vehicle, is parked or left standing in violation of this Code, and the registered owner of the vehicle or display was previously issued a warning notice or citation for the same offense;

(2) A warning notice or citation was issued to a first-time offender at least twenty-four hours prior to the removal of the vehicle or display. The city is not required pursuant to Section 22651(v)(2) and (w)(2) of the California Vehicle Code to provide further notice for a subsequent violation prior to enforcement; and

(3) The warning notice or citation advised the registered owner of the vehicle or display that he or she may be subject to penalties upon a subsequent violation of this section that may include removal of the vehicle or display.

(d) Permanent Advertising Signs Excepted. Pursuant to Section 21100(p)(2) and (p)(3) of the California Vehicle Code, this section does not apply to advertising signs that are permanently affixed in a manner that is painted directly upon the body of a motor vehicle, applied as a decal on the body of a motor vehicle, or placed in a location on the body of a motor vehicle that was specifically designed by a vehicle manufacturer for the express purpose of containing an advertising sign, such that they are an integral part of, or fixture of a motor vehicle for permanent decoration, identification, or display and that do not extend beyond the overall length, width, or height of the vehicle.

(e) Post-Storage Impound Hearing. Section 22852 of the California Vehicle Code applies to this section with respect to the removal of any mobile billboard advertising display vehicle. Section 22852 is incorporated by reference as if set forth in full herein and provides, in summary, that whenever an authorized employee of the city directs the storage of a vehicle, the city shall direct the storage operator

to provide the vehicle’s registered and legal owner(s) of record, or their agent(s), with the opportunity for a post-storage hearing to determine the validity of the storage. Notice of the storage shall be mailed or personally delivered to the registered and legal owner(s) within forty-eight hours, excluding weekends, as specifically provided for under Section 22852 of the California Vehicle Code. To receive a post-storage hearing, the owner(s) of record, or their agent(s), must request a hearing in person, in writing, or by telephone within ten days of the date appearing on the notice. The city may authorize its own officer or employee to conduct the hearing as long as the hearing officer is not the same person who directed the storage of the vehicle.

(f) Violation—Penalties. After the initial warning citation, a subsequent violation of this section is a misdemeanor, punishable upon conviction by a fine of not less than two hundred fifty dollars, nor more than one thousand dollars, or by imprisonment in the County Jail for not more than six months, or by both fine and imprisonment. At the discretion of any person duly authorized by the chief of police to issue a citation for any violation of this section, or the South Pasadena city attorney’s office, a violation of this section may be an infraction enforced through the parking penalty process set forth in Section 40200 et seq., of the California Vehicle Code. The city council may establish from time to time by resolution an increase in the amount of the fine.

(g) Severability. If any provision of this section or its application is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of this section, which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. (Ord. No. 2275, § 2, 2014.)