Westlake Village Municipal Code Ch. 4.9 Peddlers

The purpose of this Chapter is to mitigate the negative impacts generated by peddling. These negative impacts include, but are not limited to: (1) an increase in the amount of litter; (2) an increased risk of vehicle accidents and personal injury; (3) invasion of personal privacy when motorized vehicles remain parked for long periods of time in front of a person's home or business; and (4) disruption of the peaceful repose of residents when catering trucks, ice cream trucks or other motorized vehicles emit sounds to gain the attention of potential customers.

(Ord. No. 166-00, Enacted, 9/27/00)

For the purposes of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"City" means the City of Westlake Village.

"Food" and "food products" means any liquid or edible product designed for human consumption, including but not limited to, fruits, vegetables, meats, fish, candy, ice cream and other milk products, soda pop, juice and any other prepared or unprepared edible item.

"Peddle" and "peddling" means traveling by motorized vehicle from place-to-place, house-to-house or from street-to-street, carrying, conveying or transporting goods, wares, merchandise or food and offering or exposing the same for sale.

"Peddler" means any person traveling by motorized vehicle from place-to-place, house-to-house or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale.

"Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways.

(Ord. No. 166-00, Enacted, 9/27/00)

The provisions of this chapter shall not apply to sale or delivery of merchandise by a person engaged in the business of selling such merchandise at a fixed place of business in the City, or elsewhere, and which merchandise has been ordered to be so delivered, prior to such delivery.

(Ord. No. 166-00, Enacted, 9/27/00)

A. No peddler shall stand or park any motorized vehicle for more than ten (10) minutes in any residentially zoned district nor shall any peddler stand or park any motorized vehicle for more than thirty (30) minutes at any one place in any other area of the City. Regardless of the length of time parked at any particular location, no peddler shall park within five hundred (500) feet of an area where he or she previously parked in the preceding four (4) hours.

B. No peddler shall carry any goods, wares, merchandise or food outside a ten (10) foot radius encircling the motorized vehicle.

C. No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic.

D. No peddler shall park a motorized vehicle in a residential zone from the hours of 8:00 p.m. through 7:00 a.m. of the next succeeding day.

E. No peddler shall sell or offer for sale any food unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food.

F. Between 8:00 p.m. and 7:00 a.m., the peddler shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks, or other public places of the City where sound of sufficient volume is emitted to be capable of being plainly heard upon the streets, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the peddler purposes to sell.

G. No peddler shall keep, maintain or operate any motorized vehicle used in selling food products in or upon any public street or other public place within two hundred (200) feet of the nearest property line of any property on which a public or private school building is located. This prohibition will not apply if the school principal gives the peddler written permission to park on school property to sell, give away, distribute or offer to sell any food products.

H. No peddler shall stop, stand or park any motorized vehicle in violation of any provision of the California Vehicle Code or the Westlake Village Traffic Ordinance set forth in Chapter 3.2 of this Code.

I. No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the state of California and the peddler has all required permits, including, without limitation, health permits, to sell such items.

(Ord. No. 166-00, Enacted, 9/27/00)

A violation of any of the provisions of this Chapter is an infraction which is punishable as provided in Chapter 1.2 of this Code.

(Ord. No. 166-00, Enacted, 9/27/00)