Vista Municipal Code § 8.24 Food Vending Vehicles

Code Enforcement Manager” means the Code Enforcement Manager for the City of Vista or his or her designee. Food vending vehicle” includes any vehicle, as that term is defined in the California Vehicle Code, from which any type of food or beverage is sold or offered for sale directly to any consumer; provided, however, that “ food vending vehicle” shall not include a vehicle that only delivers food or beverage products ordered by home delivery customers. The term “food vending vehicle” shall exclude any ice cream truck as defined in Section 5.52.010 provided that at least one-half of the inventory available for sale consists of ice cream, popsicles, or similar frozen products. Food vending vehicle permit” means a valid and current permit for a food vending vehicle which is issued pursuant to Section 8.24.040. Operate a food vending vehicle” means to: (1) drive, occupy, or otherwise use a food vending vehicle to sell, offer to sell, or display for sale any type of food or beverage; or (2) own a business operating from a food vending vehicle involving the sale, offer to sell or display for sale of any type of food or beverage. Operator” means a person who, at any time, is present at a food vending vehicle and is either: ( 1) the sole worker then operating the vehicle; or ( 2) has primary responsibility for managing the operation of the food vending vehicle at that time. Operator permit” means a valid and current permit to operate a food vending vehicle issued pursuant to Section 8.24.070. Public property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City other than a street, alley, parkway, or sidewalk. Prior Code 12-7; Ord. No. 86-41, Amended 8/26/86; Ord. No. 2004-8, Amended, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14)

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A. It is unlawful for any person to operate a food vending vehicle unless a food vending vehicle permit issued pursuant to this Chapter is in effect for that food vending vehicle. B. Every permittee, upon receipt of a food vending vehicle permit shall, at all times of operation, maintain the permit with the vehicle for which the permit was issued. C. Upon demand of a peace officer or City employee authorized to enforce the provisions of this Chapter, a person operating a food vending vehicle shall present the food vending vehicle permit that is in effect for that vehicle. D. All food vending vehicle permits are the property of the City and each shall authorize the operation of a single specific food vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any food vending vehicle permit. Prior Code 12-7; Ord. No. 86-41, Amended 8/26/86; Ord. No. 2004-8, Amended, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14)

A. An application for a food vending vehicle permit shall be filed with the Code Enforcement Manager and shall contain the following: 1. The individual and business name, address, and telephone number of the permit applicant which shall be the person or entity operating the business from the food vending vehicle, including all other names used by the applicant. 2. Written evidence that the applicant is an owner, lessee or holder of a similar interest in the food vending vehicle. 3. The name and address of all legal and registered owner( s) of the food vending vehicle, and each person with a financial interest in the business that operates the food vending vehicle. 4. A copy of a valid business license issued pursuant to Chapter 5.04 of this Code. 5. The state vehicle license plate number and the vehicle identification number of the food vending vehicle. 6. Proof of compliance with the automobile liability insurance requirements in the minimum amounts set by state law. 7. Proof that the vehicle is in compliance with applicable requirements of the State of California and the County of San Diego regarding the operation of a food vending vehicle. 8. The address where the food vending vehicle is stored and restocked when not in use. 9. A description of the goods and merchandise which will be sold or distributed from the food vending vehicle. 10. A listing of each conviction of a misdemeanor violation or entry of a plea of nolo contendere, in the preceding twelve months, with respect to the applicant, or any party operating a food vending vehicle owned by applicant: ( a) for violating this Chapter; or ( b) for actions occurring while operating a food vending vehicle. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. During the period covered by a permit, the Code Enforcement Manager: ( 1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contendre.

11. Whether a permit in connection with a food vending vehicle or its operation,

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sought by the applicant has been denied or revoked by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and facts upon which that denial or revocation was based. 12. If the applicant will be the operator of the food vending vehicle, evidence of a current California driver’s license for operation of the food vending vehicle. 13. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter. B. If the applicant intends to be the operator of the vehicle and has provided the information required by paragraph 12, the Code Enforcement Manager shall process the application as a request for a combined food vending vehicle and operator permit. The holder of such a permit, for purposes of this Code, shall be deemed to hold both a food vending vehicle permit and an operator permit. C. Every application for a food vending vehicle permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council. D. Upon receipt of a complete application and the required application fee, the Code Enforcement Manager shall physically inspect the food vending vehicle to ensure compliance with this Code, state law, and the Vehicle Code equipment requirements; provided, however, that the Code Enforcement Manager, in his or her discretion, may accept proof of compliance with California or San Diego County inspection requirements for operating a food vending vehicle in lieu of conducting an inspection. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A. Except as provided in subsection B, a food vending vehicle permit or a food vending vehicle and operator permit, as applicable, shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 8.24.030 of this Chapter. B. A food vending vehicle permit or a food vending vehicle and operator permit, as applicable, may be denied by the Code Enforcement Manager if he or she finds any of the following grounds: 1. The information submitted pursuant to Section 8.24.030 of this Chapter is materially false or incomplete. 2. The applicant or any person with a financial interest in the business that operates the food vending vehicle, has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code. 3. Within 12 months of the date of application, the applicant, any registered owner of the food vending vehicle, or any person with a financial interest in the business that operates the food vending vehicle, has had his or her food vending vehicle permit revoked. 4. Within 12 months of the date of application, the applicant, any registered owner of the food vending vehicle, or any person with a financial interest in the business has violated the requirements of this Chapter or those of State or other laws with respect to a food vending vehicle or being an operator of a food vending vehicle. 5. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code. 6. The food vending vehicle does not have the inspection permits required by the County of San Diego or the Code Enforcement Manager, following his or her physical inspection of the food vending vehicle, determines that the vehicle fails to satisfy the legal requirements for the lawful operation of the vehicle in the State or County. 7. The business location and vehicle storage location, if within the city, does

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not comply with applicable zoning regulations and other codes. 8. The applicant or a party operating a food vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: ( a) for violating this Chapter or for actions occurring while operating a food vending vehicle; and (b) the conviction or entry of plea occurred within 12 months prior to the submission of the application. 9. The applicant has applied for a food vending vehicle and operator permit, but does not have a current California driver’s license for operation of the food vending vehicle. C. All food vending vehicle permits shall expire on June 30 of the calendar year following the date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager. D. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit. Ord. No. 2004- 8, Added, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14)

A. It is unlawful for any person to be an operator of a food vending vehicle unless the person holds a valid and effective operator permit or a food vending vehicle and operator permit issued pursuant to this Chapter. B. Every permittee, upon receipt of an operator permit, shall maintain the permit in the food vending vehicle where the person acts as operator. C. Upon demand of a peace officer or City employee authorized to enforce the provisions of this Chapter, a person who is an operator of a food vending vehicle shall present the operator permit that is in effect for the operator. D. All operator permits are the property of the City and each shall only authorize the person holding the permit to be an operator of a food vending vehicle. It is unlawful for any person to sell or transfer, or attempt to sell or transfer, any operator permit. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2010- 10, Amended, 5/11/10; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A. An application for an operator permit shall be filed with the Code Enforcement Manager and shall contain the following: 1. The name, address, and telephone number of the permit applicant, including all other names used by the applicant. 2. Unless the applicant certifies that he or she will never drive a food vending vehicle, evidence of a current California driver’ s license for operation of the food vending vehicle. 3. A listing of each conviction of a misdemeanor violation or entry of a plea of nolo contendere, in the preceding 12 months with respect to the applicant, or any party operating a food vending vehicle owned by applicant: ( a) for violating this Chapter; or ( b) for actions occurring while operating a food vending vehicle. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. During the period covered by a permit, the Code Enforcement Manager: ( 1) shall be apprised of the preceding information with respect to any new convictions or pleas of nolo contender.

4. Whether the applicant has ever been denied a permit in connection with a

food vending vehicle or its operation by the City or any other jurisdiction or governmental unit in the United States in the three year period prior to the application. If so, the circumstances and

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facts upon which that denial or revocation was based. 5. Such other information as may be required by the Code Enforcement Manager to further the purpose of this Chapter. B. Every application for an operator permit shall be accompanied by a nonproratable, nonrefundable application fee in an amount established by resolution of the City Council. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A. Except as provided in subsection B of this section, an operator permit shall be issued by the Code Enforcement Manager upon receipt of a complete application and payment of the permit fee, as specified in Section 8.24.060. B. An operator permit may be denied by the Code Enforcement Manager if he or she finds any of the following grounds: 1. The information submitted pursuant to Section 8.24.060 of this Chapter is materially false or incomplete. 2. The applicant has any unpaid administrative penalties imposed pursuant to Chapter 1.13 of this Code. 3. Within 12 months of the date of application, the applicant has had his or her food vending vehicle permit or operator permit revoked. 4. The applicant has not paid the applicable business license tax pursuant to Chapter 5.04 of this Code. 5. Within 12 months of the date of application, the applicant has violated the requirements of this Chapter or those of state or other laws with respect to a food vending vehicle or being an operator of a food vending vehicle. 6. The applicant or a party operating a food vending vehicle owned by applicant was convicted of a violation or entered a plea of nolo contendere: ( a) for violating this Chapter or for actions occurring while operating a food vending vehicle; and (b) the conviction or entry of plea occurred within 12 months prior to the submission of the application. D. All operator permits shall expire on June 30 of the calendar year following the date of issuance unless sooner revoked, except that a permit initially issued between April 1 and June 29 may operate through the second June 30 following issuance in accordance with an administrative practice or policy approved by the City Manager. E. Applications for renewal shall be filed between April 1 and April 30 of each year prior to expiration of a permit. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A. No person shall operate a food vending vehicle unless the food vending vehicle permit decal, as provided by the director, is displayed on the vehicle window in a manner specified by the Code Enforcement Manager. B. No person shall operate a food vending vehicle unless the food vending vehicle number, as provided by the Code Enforcement Manager, is permanently posted on the exterior of the vehicle and in a location that is clearly visible to patrons. The numbers shall be legible, not less than three and one-half inches in height and in a color that contrasts with the color of the background upon which it is placed. C. No person shall serve as an operator for a food vending vehicle unless at all times the person has in his or her physical possession either an operator permit or a food vending vehicle and operator permit which shall be immediately available for display. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

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A. The Code Enforcement Manager may suspend or revoke any food vending vehicle permit or operator permit issued hereunder on the basis of any of the following grounds: 1. The Code Enforcement Manager determines that any activity authorized by the permit is being carried out in such a manner as to constitute a nuisance, or to be injurious to the public health, safety or welfare; or 2. The operation of the food vending vehicle is in violation of any conditions imposed upon the permit or in violation of any provision of this Chapter, this Code, the San Diego County Code or state law. 3. There exist grounds that would have justified denial of the permit application had those grounds been known, or had they been true, on the date of the application. B. Except as provided in subsection C of this section, no permit shall be suspended or revoked until a hearing is held by the Code Enforcement Manger. Written notice of the time and place of such hearing shall be given at least five days prior to the date set for such hearing to the person to whom the permit was granted and to any other person who, at least ten days prior to the hearing, requests such notice. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Notice may be given either by personal delivery to the persons to be notified, or by depositing the notice in the U.S. mail in a sealed envelope, postage prepaid, addressed to the persons to be notified at the address appearing in the application for a permit. C. Upon the Code Enforcement Manager’ s suspension or revocation of any permit pursuant to this section, written notice of that suspension or revocation shall be provided to the permittee in the manner described in paragraph B setting forth the grounds for revocation or suspension. Within ten days of such notice, the permittee shall surrender the subject permit to the City. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A. An applicant or permittee, as applicable, may appeal the Code Enforcement Manager’ s decision to deny an application, to suspend a permit, or to revoke a permit pursuant to this Chapter in the manner provided below. B. A notice of appeal, accompanied by an appeal fee in an amount set by resolution of the City Council, must be filed within ten days after the date of the Code Enforcement Manager’ s decision. C. Upon receipt of a timely appeal, the City Manager or his or her designated representative shall hear such appeal within 20 calendar days following the date of such appeal and shall give the appellant not less than five calendar days advanced notice of the date of such hearing. The decision of the City Manager shall be based upon the same criteria as set forth in this Chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit pursuant to this Chapter shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager’ s decision. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

A food vending vehicle shall operate in conformity with the following requirements: A. No person may sell any product from a food vending vehicle unless the vehicle

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has been brought to a complete stop and is parked in a lawful manner. B. No person may sell any product from a food vending vehicle unless the site is adequately lit to ensure customer safety. Any lighting maintained by the vendor shall be directed downwards and away from public streets and adjacent properties. C. No person may operate a food vending vehicle while the vehicle is connected to an external source of power, water or any other utilities. D. No vendor may place any free-standing signs, tables, chairs, fences, shade structures, or other furniture on or near the site of the operation of the food vending vehicle that impedes vehicular, pedestrian, and handicap access. All such items shall be removed when not in operation. E. All food vending vehicles shall be equipped with refuse receptacles large enough to contain all refuse generated by operation of the vehicle. F. The operator of a food vending vehicle shall pick up all refuse generated by such operation within a 50 foot radius of the vehicle before the vehicle is moved. All refuse shall be disposed of in an approved solid waste facility. G. Any use of amplified or non-amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle is prohibited. H. No vending from a food vending vehicle shall occur when the prospective customer is located in that portion of the street or alley which is open to vehicular traffic. I. No vending from a food vending vehicle shall occur when any part of the vehicle is stopped within a no-parking zone designated on any street, alley, or public property. J. No vending from a food vending vehicle shall occur when any part of the food vending vehicle is open to prospective customers on the side of the vehicle closest to traffic. K. No vending from a food vending vehicle shall occur when the vehicle is parked or stopped in violation of any provision of the California Vehicle Code. L. No restocking of a food vending vehicle shall occur while it is stopped on a street, alley, or public property. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14; Ord. No. 2023-8, Amended, 06/13/23)

Except as may be permitted by a street event permit issued pursuant to Chapter 12.12, no person shall operate from a food vending vehicle from the public right-of-way: A. Between the hours of 11:00 p.m. and 7:00 a.m. B. For a period exceeding three hours in one location, without moving to a new location at least 400 feet away. C. Within 100 feet of any street intersection controlled by a traffic light or stop sign. D. Along a street or highway with a posted speed limit exceeding 35 miles an hour. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14; Ord. No. 2023-8, Amended and Renumbered, 06/13/23)

A. Except for operation of a food vending vehicle occurring from the public right-of- way in accordance with this Chapter or in a parking space signed and designed for food truck operations in a public parking lot, no food vending vehicle shall operate from any property owned or leased by the City unless the food vending vehicle is operating pursuant to a valid temporary special events permit or a street event or park event permit issued pursuant to Chapters 12.12 or 12.13. B. No food vending vehicle may stand or remain on public property during non-

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operating hours. Overnight parking of a food vending vehicle on a public street or alley is prohibited. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14; Ord. No. 2023-8, Amended, 06/13/23)

A. It is unlawful for any person to operate a food vending vehicle on private property unless the food vending vehicle satisfies the requirements of paragraphs B, C, and either D or E. B. A food vending vehicle may not operate on private property where: 1. The property is vacant or where the property serves as a stand- alone parking facility. 2. The operation of a food vending vehicle is the primary use of the parcel. 3. The food vending vehicle is stopped, standing or parked in any location on the property that interferes with access, driveways, aisles, or the circulation of vehicles or pedestrians. 4. The food vending vehicle is stopped, standing or parked on any surface that is not paved with concrete, asphalt or other similar material. C. To operate on private property the food vending vehicle must have the consent of the party in control of the property which shall be satisfied as follows: 1. The written consent of the party in control of the property, which may be the owner or lessee of the property, shall be provided to the Code Enforcement Manager in a form approved by the Code Enforcement Manager. 2. A copy of the written consent shall be maintained with the corresponding food vending vehicle at all times the vehicle is being operated on private property. 3. Upon demand of a peace officer or City employee authorized to enforce this Chapter, a person operating a food vending vehicle shall present a copy of the written consent. D. Provided that all requirements of this Code and this section are satisfied, a food vending vehicle may operate on private property for up to eight hours at one time in a twelve hour period if the food vending vehicle is located on private property: ( 1) that is not zoned as open space, agricultural, or residential; or (2) which is zoned for open space, agriculture, or residential and is under active construction. For purposes of this paragraph, a property is “ under active construction” if a grading or building permit has been issued by the City of Vista for that property, but the work thereunder is incomplete and actively underway. E. A food vending vehicle may operate from private property for a period exceeding eight hours if the requirements of this Code and this section are satisfied, along with all of the following: 1. The food vending vehicle is being operated exclusively or primarily to serve persons who are actively patronizing a business located on a qualifying premise. For purpose of this section, a “ qualifying premise” means premises for which the Department of Alcoholic Beverage Control has issued a type 02, type 04, or a type 23 license. 2. The food vending vehicle is either: ( a) located on the qualifying premises; or (b) located within a common area serving the qualifying premises and the vehicle is within 75 feet of the building housing the qualifying premises ( measured at the nearest points between the building and the food vending vehicle). 3. The food vending vehicle shall not conduct food or beverage service during any time that the qualifying premise is closed for business. 4. Food and beverage service from the food vending vehicle, even if the qualifying premise is open for business, shall not start earlier than 11:00 a.m. and shall end by 11:00 p.m.

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5. Set-up of a food vending vehicle shall start no sooner than one hour before

food service commences, and any take-down will be completed within one hour following the time that food service ends. Set-up and take-down time shall not be considered time in operation. Ord. No. 2004- 8, Added, 09/14/04; Ord. No. 2014- 17, Repealed and Replaced, 06/24/14; Ord. No. 2023-8, Amended and Renumbered, 06/13/23)

A. Any person who violates the provisions of this Chapter shall be guilty of a misdemeanor. There shall be a separate misdemeanor for each day on which a violation occurs. B. Additionally, it is unlawful for any person to knowingly make a false statement of fact or knowingly omit any information that is required in an application submitted pursuant to this Chapter. C. Notwithstanding the foregoing, the City may also impose administrative penalties pursuant to Chapter 1.13 of this Code and seek injunctive relief and civil penalties in the superior court for violations of this Chapter. The remedies provided for in this Chapter shall be cumulative and not exclusive of any other remedies available under any other federal, state, or local laws. Ord. No. 2004-8, Added, 09/14/04; Ord. No. 2014-17, Repealed and Replaced, 06/24/14)

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Chapter 8. 26

Grading of Mobile Food Facilities Regulations Adopted

Sections:

8. 26. 010 Purpose and Intent
9. 26. 020 Adoption of County Regulations for Grading of Mobile Food Facilities
10. 26. 030 Fees

Section 8. 26. 010 Purpose and Intent

Fixed location food facilities throughout San Diego County are currently scored against

food safety criteria by County inspectors, and assigned a letter grade based on that score. Mobile food facilities are not graded. To better inform the public, the County is extending the letter grade system currently used for restaurants to mobile food facilities. In the unincorporated County, this will be done by enacting a change in the County Code of Regulatory Ordinances, sections 61. 101 to 61. 115 of Chapter 1, Division 1, Title 6. These changes will improve public information; help customers easily identify vendors in good compliance and provide more information about the overall condition of the mobile food facilities to make safe dinning choices. Mobile food facilities operate in multiple jurisdictions. Grading is a local program in each unincorporated area and not a state law program. Therefore, establishing anCounty City, effective grading system for mobile food facilities requires cooperation across city boundaries, allowing the County the authority to enforce posting of letter grades in all local jurisdictions. This ordinance provides for City cooperation in a coordinated regional program by ( 1) adopting the County changes to the restaurant grading ordinance by reference; and ( 2) by requiring that grade cards be posted by mobile food facilities that prepare food and that permit fees to provide cost recovery are paid by operators of mobile food facilities that prepare food. Ord. No. 2012- 10, Added, 10/ 9/ 12)

Section 8. 26. 020 Adoption of County Regulations for Grading of Mobile Food Facilities

There is hearby adopted by the City Council of the Chartered City of Vista, San

Diego County, State of California, for the purpose of grading of permanent and mobile food facilities that prepare food, that certain code known as the San Diego County Code of Regulatory Ordinances, at Title 6, Division 1. A copy of the San Diego County Code of Regulatory Ordinances has been and is now filed in the Office of the Clerk of the City of Vista, and it is hereby adopted and incorporated as though fully set out at length herein. From the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Vista. Ord. No. 2012- 10, Added, 10/ 9/ 12)

Section 8. 26. 030 Fees

All persons and businesses required to obtain a health- related permit or related service
of San Diego, Department of Environmental Health ( DEH) pursuant to thisfrom the County

Chapter shall pay the County fee established in the County Code for that permit or service, including delinquent payment fees. Ord. No. 2012- 10, Added, 10/ 9/ 12)

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Chapter 8. 28

Junk

Sections:

8. 28. 010 Definitions
9. 28. 020 Accumulations Prohibited - Exceptions
10. 28. 030 Accumulations Declared a Public Nuisance
11. 28. 040 Storage of Junk Permitted Under Certain Conditions
12. 28. 050 Enforcement

Section 8. 28. 010 Definitions For the purposes of this chapter, " junk" means any combustible, noncombustible, putrescible or nonputrescible waste or material, including, but not limited to trash; refuse; paper; glass; cans; bottles; rags; fabrics; bedding; ashes; trimmings from lawns, shrubbery or trees, except when such trimmings are used for mulch or like agricultural purposes; household refuse other than garbage, including lumber, metal, plumbing fixtures, bricks, building stones, plaster, wire or like material, whether from demolition, alteration or construction of buildings or structures, or from other sources; tires or inner tubes; auto, aircraft or boat parts; plastic or metal parts or scraps; damaged or defective boats, machinery, vehicles or engines, whether or not repairable; and damaged or defective toys, recreational equipment or household appliances or furnishings, whether or not repairable. Prior Code 15- 1; Ord. No. 65- 56, Enacted 2/ 1/ 66)

Section 8. 28. 020 Accumulations Prohibited - Exceptions

No person shall accumulate junk or permit junk to be accumulated or stored or permit

the storage thereof, on any lot or parcel of land within the corporate limits of the city, except as otherwise provided in this chapter. The accumulation or storage of junk is permitted only under certain conditions and only within the residential zones as defined in the zoning ordinance of the City. Prior Code 15- 2; Ord. No. 65- 56, Enacted 2/ 1/ 66)

Section 8. 28. 030 Accumulations Declared a Public Nuisance

The accumulation of junk contrary to this chapter is declared to be a public nuisance.

Upon the direction of the City Council, the City Attorney shall bring an appropriate action to abate such public nuisance in a court of competent jurisdiction. Prior Code 15- 3; Ord. No. 65- 56, Enacted 2/ 1/ 66)

Section 8. 28. 040 Storage of Junk Permitted Under Certain Conditions

A. As to any lot or parcel of land improved with residence buildings or occupied by a

bona fide residence, the person so occupying the same may store: 1. Junk as defined in this chapter, on the rear one- third of the lot or parcel of land on which the residence is situated, for a period not to exceed 30 days; provided that such junk, as junk, was not brought upon the premises and stored but was or is accumulated through wear and tear in the household use of the family occupying such premises; and, provided that such junk is not visible from public streets; and, provided that it is the intent of such occupant,

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within a 30- day period, to take or have taken such junk to a public dump or other place where disposal may be lawfully made. 2. Materials of a noncombustible and nonputrescible character, provided that such materials are stored within an enclosed building upon the premises. B. It is lawful for the occupant of the residence upon any lot or parcel of land at all times to have and to store upon such premises such motor vehicles as are operable and in use by such occupants or members of his immediate family; and, in addition, to store and keep no more than one nonoperable vehicle, provided that such vehicle is either contained: 1. Within an enclosed garage located on the lot or parcel of land on which the residence is located; or 2. On the rear one- third of the lot or parcel of land on which the residence is located, provided that such vehicle is screened from public view by six-foot fencing approved by the City Manager or his designee. C. This chapter does not prohibit the accumulation of wood, used lumber, lumber scraps or materials fabricated out of wood for use as firewood or fuel; provided, that any such accumulation is neatly stacked and shall be maintained on the rear one- third of the lot or parcel of land involved, that the components of such accumulation shall be sawed or otherwise reduced in size so that no piece thereof exceeds five feet in length, and that such accumulation is accumulated and kept upon the premises for use by the actual occupant as fuel and is so used. Prior Code 15- 4; Ord. No. 65- 56, Enacted 2/ 1/ 66)

Section 8. 28. 050 Enforcement

A. The City Manager or his designee shall investigate all complaints of violation of this chapter and, in addition thereto, it is his duty, either in person or through his designee, to examine and investigate the various parts of the city to ascertain whether this chapter in any of its parts is being violated or observed. If, in the opinion of the City Manager, after investigating complaints or making examinations and observations on his own account, any provision of this chapter is being violated, he shall notify, in writing, the persons who are violating this chapter at the address where the violation occurs, with a warning that if such person does not desist from the violation and correct the conditions complained of within two days from the date such notice is served, such person may be prosecuted in a court of competent jurisdiction. B. In serving the notice of violation it is sufficient to deliver a written copy thereof to the person to be prosecuted; or such written notice may be sent to such person by United States mail, in which case such written notice shall be placed in an envelope addressed to the person at the address where the violation occurs, with postage prepaid, and deposited in the United States post office in the city. The delivery in the post office constitutes service. Prior Code 15- 5; Ord. No. 65- 56, Enacted 2/ 1/ 66)

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Chapter 8. 30

Sale or Disposal of Found Property

Sections:

8. 30. 010 Purpose and Intent
9. 30. 020 Definitions
10. 30. 030 Care and Storage
11. 30. 040 Retention
12. 30. 050 Disposition of Unclaimed Property
13. 30. 060 City Personnel Prohibited

Section 8. 30. 010 Purpose and Intent

It is the purpose of this chapter to provide procedures for the care, retention and

disposition of unclaimed property in the possession of the City. Ord. No. 91- 08, Enacted, 05/ 14/ 91)

Section 8. 30. 020 Definitions

A. " Unclaimed property" including personal property unattended to, lost or abandoned by its owner and taken into possession by City personnel or employees under contract to the City, in the course of the performance of their duties. B. " Unclaimed property" includes personal property turned in to the City by a person who has found the personal property. C. " Unclaimed property" does not include animals. Animals shall be turned over to the Animal Control authorities of the City. D. " Unclaimed property" does not include evidence or contraband taken into possession by the law enforcement officials of the City. E. " Unclaimed property" does not include property worth less than $ 10, if the owner is unknown, which may be disposed of forthwith. ( CC 2080. 7, 2080. 7) F. " Unclaimed property" does not include vehicles abandoned on public property. Ord. No. 91- 08, Enacted, 05/ 14/ 91)

Section 8. 30. 030 Care and Storage

Unclaimed property taken into possession by the City shall be delivered to the City

Manager or his/ her designee which shall administer its care retention, and disposition. Ord. No. 91- 08, Enacted, 05/ 14/ 91)

Section 8. 30. 040 Retention

A. Except as otherwise provided, unclaimed property shall be retained for a period

of 90 days and then disposed of by sale at a public auction to the highest bidder after proper notice in accordance with the provisions of this chapter. ( CC 2080. 6) B. The following unclaimed property is not subject to the 90- day retention period and may be sold at a public auction in accordance with the provision of this chapter: when the unclaimed property is in danger of perishing or of losing the greater part of its value; when the lawful storage charges for the unclaimed property amounts to two- thirds of the value of the unclaimed property; or when the owner of the unclaimed property has been identified and

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thereafter refuses to take possession of the property or to pay the storage charges thereon. CC 2080. 5) Ord. No. 91- 08, Enacted, 05/ 14/ 91)

Section 8. 30. 050 Disposition of Unclaimed Property

A. Restoration to owner. 1. If the owner of the unclaimed property is known to, or becomes known to the City, the City shall inform the owner that the unclaimed property has been taken into possession. ( CC 2080) 2. If the owner of the property appears within 90 days after receipt of the property by City and proves ownership, the City shall restore the property to him/ her upon the reimbursement by the owner of the costs incurred by the City, as long as the property has not been previously disposed of. ( CC 2080. 2) B. Restoration to Finder. If the reported value of the property is $ 50 or more and no owner proves ownership within 90 days, City shall publish notice of property in a newspaper of general circulation. If after seven days of the first publication, no owner proves ownership, the person who found the unclaimed property shall pay the costs of publication and title shall vest in finder. If finder is the City, City shall sell property at public auction as set forth in this chapter, and, after publication costs, title shall vest in him. If value is less thansuccessful bidder pays to City the 50 and 90 days has lapsed, title shall vest in finder, without payment of publication costs to City. If finder is the City, then City shall sell at public auction. C. Use by City. After the required retention period, if the City Manager or his/ her designee determines that the unclaimed property is needed for public use by the City, the unclaimed property shall be retained for use by the City. D. Quick sale. When unclaimed property is not subject to the 90 day retention period as set forth in Section B under Retention above, the City Manager or his/ her designee may sell such property by public auction in the same manner as the sale of personal property under execution. CC 2080. 5) E. Auction. After the required 90 day retention period, the City Manager or his/ her designee shall cause to be published once in a newspaper of general circulation within San Diego County a notice of auction at least five days prior to the time fixed for the auction. Unclaimed property shall be sold to the highest bidder and the proceeds shall be deposited into the City's general fund. The unclaimed property may be transferred to the County of San Diego to conduct the auction in accordance with the provisions of the Civil Code. ( CC 2080. 6( a)) F. Destruction. Unclaimed property which remains unsold after being offered at public auction or otherwise disposed of in accordance with this chapter, may be destroyed or otherwise disposed of by the City. Ord. No. 91- 08, Enacted, 05/ 14/ 91)

Section 8. 30. 060 City Personnel Prohibited

No City officer, employee, or appointed person including officers or employees working under contract to the City, shall purchase unclaimed property sold in accordance with this chapter. Ord. No. 91- 08, Enacted, 05/ 14/ 91)

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Chapter 8. 32

Noise Control

Sections:

8. 32. 010 Prima Facie Noise Violations
9. 32. 020 Enforcement of Prima Facie Violations
10. 32. 030 Violation of Section 8. 32. 010 - Penalty
11. 32. 040 Adoption of County Regulations Relating to Noise Control
12. 32. 050 Violation of Section 8. 32. 040 - Penalty
13. 32. 060 Additional Remedy

Section 8. 32. 010 Prima Facie Noise Violations

Any of the following constitutes prima facie evidence of a violation of this section:
A. The operation of any such sound production or reproduction device, radio

receiving set, musical instrument, drum, phonograph, television set, loudspeaker and sound amplifier or similar machine or device between the hours of 10: 00 p. m. and 7:00 a. m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located. B. The operation of any sound amplifier, at any time of day or night, which is part of, or connected to, any radio, stereo, receiver, compact disc player, cassette tape player or other similar device, when operated in such a manner as to be plainly audible at a distance of 50 feet and when operated in such a manner as to cause a person to be aware of vibration accompanying the sound at a distance of 50 feet from the source. Prior Code 19- 7. 7; Ord. No. 89- 41, Amended 1/ 8/ 90)

Section 8. 32. 020 Enforcement of Prima Facie Violations

Any peace officer, as defined in Chapter 4. 5 ( commencing with Section 830) of the

Penal Code, who encounters prima facie evidence of a violation of Section 8. 32. 010 is empowered to enforce these provisions. Prior Code 19- 7. 8; Ord. No. 89- 41, Amended 1/ 8/ 90)

Section 8. 32. 030 Violation of Section 8. 32. 010 - Penalty

A. Any person violating Section 8. 32.010 is deemed guilty of a misdemeanor and shall have a mandatory court appearance, and upon conviction thereof is punishable according to the provisions of Section 1. 16. 010 of this code. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such. B. Notwithstanding the penalty provisions of subsection ( A) of this section, following the conviction of a defendant for any prima facie violations of Section 8. 32. 010, the prosecutor or city attorney may bring a motion requesting the court to order the confiscation and the destruction of any or all of the components amplifying or transmitting the sound. Prior Code 19- 7. 9; Ord. No. 89- 41, Amended 1/ 8/ 90)

Section 8. 32. 040 Adoption of County Regulations Relating to Noise Control

A. There is adopted by the City Council, for the purpose of controlling noise, that

certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 4 of Division 6 of Title 3, relating to control of noise, excepting therefrom the table set out in Section 36.404 and replacing it with the following:

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Table 8. 32. 040
APPLICABLE EXTERIOR PROPERTY LINE NOISE LIMITS

Applicable Limit One- hour
Zone Time Average Sound Level ( Decibels)

A- 1, E- 1, O & OSR 7: 00 a. m.-- 10: 00 p. m. 50 R- 113, MHP 10: 00 p. m.-- 7: 00 a. m. 45 R- M 7: 00 a. m.-- 10: 00 p. m. 55 10: 00 p. m.-- 7: 00 a. m. 50 and Downtown Specific Plan 7: 00 a. m.-- 10: 00 p. m. 60 10: 00 p. m.-- 7: 00 a. m. 55 M- 1, I- P, all areas of the Vista Business Park Specific Plan and Specific Plan 14 Any time 70

B. The one- hour average sound level limit specified in paragraph A shall be reduced

by five decibels for a noise which, in the judgment of the noise control officer, constitutes a whine, screech, hum, or a repetitive noise such as hammering or riveting. C. One copy of the County Code is filed in the Office of the City Clerk, and it is set out at length in this chapter. From the date onadopted and incorporated as though fully which the ordinance codified in this section takes effect, the provisions thereof are controlling within the limits of the city. D. The provisions of Section 8. 32. 010 and paragraph A of this Section are not applicable to entertainment conducted under a valid permit issued pursuant to Chapter 5. 24 when the entertainment satisfies all conditions for sound generation and sound attenuation imposed by Section 5. 24. 110 and the applicable permit, including operating hours of the entertainment. Failure to satisfy the noise generation or attention conditions imposed by an entertainment permit or this Chapter constitutes a violation of this Chapter. E. Except as limited by paragraph D, all provisions in this Chapter apply to any noise or sound generated by activities on premises holding an entertainment permit, including noise generated by activities not qualifying as an entertainment, noise generated by entertainment occurring outside of the hours authorized in the entertainment permit, and noise generated by forms of entertainment not authorized under an entertainment permit. Prior Code 19- 40; Ord. No. 83- 13, Amended 4/ 11/ 83; Ord. No. 83- 29, Amended 6/ 16/ 83; Ord. No. 89- 41, Amended 1/ 8/ 90; Ord. No. 90- 16, Amended, 5/ 29/ 90; Ord. No. 2014- 7, Amended and Added, 3/ 25/ 14)

Section 8. 32. 050 Violation of Section 8. 32.040- Penalty

Any person violating any of the provisions of Section 8. 32. 040 is deemed guilty of a

misdemeanor and upon conviction thereof shall be punishable according to the provisions of Section 1. 16. 010 of this code. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such. Prior Code 19- 40; Ord. No. 90- 16, Amended, 5/ 29/ 90)

Section 8. 32. 060 Additional Remedy

As an additional remedy, the operation or maintenance of any device, instrument, vehicle, machinery or other item in violation of any provision of this chapter for which operation or maintenance causes discomfort or annoyance to persons of normal sensitivity or which endangers the comfort, repose, health or peace of residents in the area, is deemed and is

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declared to be a public nuisance and is subject to summary abatement, in order to preserve or protect the public health, safety or welfare, abatement by a restraining order or injunction issued by a court of competent jurisdiction, or by abatement and assessment in accordance with the Uniform Public Nuisance Abatement Procedure contained in Chapter 2, Division 6, Title 1 commencing with Section 16. 201) of the County Code. Prior Code 19- 40; Ord. No. 90- 16, Amended, 5/ 29/ 90)

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Chapter 8.34

Short- Term Rental Permit