Chapter 18.56 — MOBILE FOOD VENDORS

The purpose of this chapter is to allow for the provision of food and beverages from mobile vending carts and mobile food trucks, while also ensuring public health and safety through appropriate sanitation, parking, and operation.

(Ord. No. 743, § 3, 3-21-2017)

This chapter is applicable in all zoning districts in the city, and all mobile food vendors shall conform to the applicable provisions. Where these regulations are silent, the county regulations shall apply (for example, as regards food sanitation). Mobile food vendors may include mobile food and beverage carts (e.g., hot dog or espresso carts) or mobile food trucks that serve ready-made foods (e.g., cold trucks or hot trucks).

(Ord. No. 743, § 3, 3-21-2017)

"Cold truck." A mobile food truck that sells pre-packaged food, such as cold sandwiches and drinks (e.g., industrial catering vehicle).

"Commissary." A wholesale supermarket where mobile food truck drivers purchase food in bulk.

"Fleet operator." A person who owns more than one truck and leases these trucks and/or hires individuals to drive them.

"Hot truck." A mobile food truck that sells hot prepared food such as hamburgers, burritos, or tacos.

"Mobile food cart." A mobile food cart facilitates the selling of street food to pedestrians. A food cart may be towed or pushed by a vehicle or towed or pushed by a person (a hand-cart).

(Ord. No. 743, § 3, 3-21-2017)

18.56.040 - Licensing and inspection.

A.

Mobile food vendors must apply for a business license through the city administrative services department and pay all applicable licensing fees. The license must be conspicuously displayed on the vehicle.

B.

Mobile food carts and trucks and any appurtenances thereto must meet the health and safety standards found in California Health and Safety Code, Sections 113700 et seq. These standards are administered and monitored by the county department of resource management, environmental health services division. A valid health permit must be acquired from the county department of resource management, environmental health services division and displayed on the mobile food cart or truck.

C.

Mobile food trucks must be registered with the state department of motor vehicles. Drivers must maintain a valid California driver's license.

D.

Mobile food carts and mobile food trucks may apply for a special event food vendor permit through the county.

(Ord. No. 743, § 3, 3-21-2017)

Hours of operation must be between 8:00 a.m. and 10:00 p.m., except during special events, which are permitted separately and may have hours associated with the event. Hours of operation should be consistent with the type of product sold, seasonal constraints (e.g., ice cream during warmer months), and the location of the vehicle (e.g., in a commercial area that closes at 5:00 p.m.).

(Ord. No. 743, § 3, 3-21-2017)

A.

Mobile food vendors must obtain a city permit that identifies location(s) of operation. The permit may specify a single location, multiple locations, or in the case of mobile food trucks, areas of operation.

B.

Service parking for mobile food carts may be at a pre-approved public venue (such as a park, waterfront, or downtown plaza) or at a private location (such as a medical facility, or pedestrian plaza at an office, mall or large commercial establishment).

C.

If parked in a pedestrian right-of-way, mobile food carts must keep a minimum five feet of clear space for pedestrian passage.

D.

Service parking for mobile food trucks may be at a pre-approved public or private venue where the vehicle does not obstruct pedestrian or vehicular traffic (such as parking lots near sports fields, commercial centers, and parks) or at a private venue (a factory parking lot or mall).

E.

For multiple vehicles, overnight parking must be at a commissary, restaurant, fleet yard, or other approved location. Overnight parking may not be on a public street, unless it is a single mobile food cart or truck located at the vendor's residence.

(Ord. No. 743, § 3, 3-21-2017)

A.

When traveling on a public roadway, mobile food vendors shall observe and obey all traffic regulations and parking restrictions.

B.

When stopped on a public roadway, mobile food trucks may not block, impede traffic or motorist sight distance.

C.

Mobile food trucks must dispense food from the sidewalk side of the vehicle (not the street side).

(Ord. No. 743, § 3, 3-21-2017)

A.

An approved restroom with hand washing facilities are to be located within 200 feet of the mobile food truck or food cart, if the cart or vehicle is parked in a single location for over an hour. The restroom must be readily available for use by the operator. Hand washing facilities must include a clean and reliable supply of hot and cold water, soap dispensers, and towel dispensers. Approved restroom facilities may also be located on the mobile food truck.

B.

Liquid waste from the mobile food cart or mobile food truck shall be disposed of at a commissary, restaurant, or other approved facility. Waste shall not be disposed of in the sanitary sewer/storm drainage, or in public waste receptacles, such as those intended for pedestrians.

C.

Mobile food trucks and food carts must provide an external trash receptacle available for customer use. Trash from customers shall be removed and disposed of daily at the commissary, restaurant, or fleet center.

(Ord. No. 743, § 3, 3-21-2017)

Refer to the county mobile food vendor regulations regarding food operations and sanitation.

(Ord. No. 743, § 3, 3-21-2017)

Chapter 18.57 - MOBILE LIVING UNITS

This chapter defines where and in what manner mobile living units may be used for living and sleeping purposes or prohibited from such uses.

(Ord. No. 743, § 3, 3-21-2017)

18.57.020 - Applicability.

The chapter applies to mobile living units operating within any zoning district in the city, regardless of whether the unit is located on public or private property, and whether the use is personal or commercial in nature.

(Ord. No. 743, § 3, 3-21-2017)

"Commercial coach (or commercial modular)." A structure transported in one or more sections designed and equipped for human occupancy for industrial, professional, or commercial purposes.

"Mobile living unit." Includes recreational vehicle, commercial coach, truck camper, travel trailer, park trailer, camp trailer or floating home, as defined in Section 18010 of the California Health and Safety Code (recreational vehicle as also defined in Section 799.29 of the 2011 Mobilehome Residency Law) or any other vehicle or structure designed or altered and that is designed for human habitation for recreational, emergency, or other occupancy; contains less than 400 square feet or less of gross area, and less than 320 square feet of living area, is built on a single chassis, and is self-propelled, truck-mounted, or permanently towable.

(Ord. No. 743, § 3, 3-21-2017)

18.57.040 - Use or occupancy of mobile living units for living or sleeping.

It is unlawful for any person to occupy, for living or sleeping purposes, any mobile living unit upon any street, alley, road, highway, public parking lot, or upon any other parcel of publicly or privately owned real property, except as provided in this chapter.

(Ord. No. 743, § 3, 3-21-2017)

This chapter shall not apply to or prohibit the occupancy of mobile living units for living or sleeping purposes at the following times or places:

A.

While the mobile living unit is in motion upon a street, road, highway or alley;

B.

While the mobile living unit is parked in a lawfully established and licensed mobile home park (as defined by Chapter 2.5, Article 1, Section 798.4 of the 2011 Mobilehome Residency Law, California Civil Code), recreational vehicle park (as defined by Section 18862.39 of the California Health and Safety Code) or labor camp (subject to Title 8, Section 3350 of the California Labor Code), or in other public or private facilities which are designed, equipped and licensed by the city to accommodate mobile living units and which provide for temporary or permanent utility connections to such mobile living unit;

C.

While the mobile living unit is parked on private property, and not on a public street, parking lot, or right-ofway, at the invitation of the person owning or having the right to possess the private property and:

1.

The mobile living unit is not connected to any utility or sewer or wastewater facilities other than a temporary electrical connection installed and connected to the mobile living unit in compliance with all applicable laws and ordinances of the city,

2.

The owner or persons having the right of possession of the private property upon which the mobile living unit is parked received no direct or indirect payment, gratuity or remuneration of any kind from the owner of or occupant of the mobile living unit for allowing the same to be parked upon said private property,

3.

The invited mobile living unit (the guest) is not parked on the same private property for more than seven days in any 12-month period,

4.

The occupants of the mobile living unit do not discharge any litter, sewage or wastewater, effluent, garbage or other matter out of or from the mobile living unit while so parked except into public or private facilities intended for the disposal of such material, and

5.

The mobile living unit is completely self-contained so far as utilities are concerned including disposal of wastewater and sewage.

(Ord. No. 743, § 3, 3-21-2017)

Nothing in this chapter shall be deemed to prohibit an owner or occupants of a mobile living unit from parking the same upon property owned by him or her of which he or she has the right of possession as long as the mobile living unit is not used for living or sleeping purposes or in violation of any other provisions of this chapter.

(Ord. No. 743, § 3, 3-21-2017)

Violation of any of the provisions of this chapter shall constitute an infraction

(Ord. No. 743, § 3, 3-21-2017)

Any occupancy or use of a mobile living unit and the mobile living unit itself, parked or occupied in violation of the provisions of this chapter shall be and the same is declared unlawful and a public nuisance. The city may initiate any necessary proceeding for the abatement, removal and prohibition of use thereof in the manner provided by law and may take all steps available to it to accomplish such ends, and may apply to a court of competent jurisdiction for granting such relief that will remove and abate that mobile living unit upon a site or place or in a manner contrary to the provisions of this chapter. The remedies prescribed in this chapter are cumulative and nonexclusive.

(Ord. No. 743, § 3, 3-21-2017)