HomeMy WebLinkAboutE.10 - GT Ordinance re Sidewalk VendorsSIDEWALK VENDORS: SEIZURE OF
EVIDENCE & IMPOUNDMENT
October 8, 2024
Adrian R. Guerra, City Attorney
Ji hea Oh, Associate Attorney
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City Council Goal #2
›“Maintain Public Safety”
–Provides guidance on enforcement of unlicensed and
unpermitted sidewalk vendors which endanger the health,
safety, and welfare of residents and visitors of the City
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Background
December
11, 2018
Adoption of Urgency Ordinance and introduction of Regular
Ordinance in response to Senate Bill No. 946
January 1,
2019
Senate Bill No. 946 preempting local governments from prohibiting
sidewalk vendors and limiting scope of local regulation
January 8,
2019
Adoption of Regular Ordinance providing general operational
sidewalk vendor regulations in compliance with state law
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Current Regulations
›Provides operational requirements for sidewalk vendors
–Permit/License requirements
–Time limitations
–Unattended stands
–Storage on public street, sidewalk, park overnight
–Litter receptacle/waste management
–Use of additional equipment
–Distance requirements
–Prohibited locations
›Violation/Penalty
–Administrative fines
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Further Regulation Required
›Unlicensed and/or unpermitted sidewalk vendor
operations
›Violations related to health, safety, or welfare concerns
›Unfair competition for lawful operations
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Seizure of Evidence
›Authorizes seizure of sidewalk vendor items that serve
as evidence of a crime or booked as property after an
arrest of sidewalk vendor for any local, state, or federal
laws or regulations
–Excludes Chapter 9.05
›Seized items shall be stored/processed in accordance
with San Bernardino Sherriff's Department procedures
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Impoundment
›Authorizes impoundment of sidewalk vendor’s items in violation of California Civil Code § 2080.10 and California Health and Safety Code § 114393
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–Food sold without valid San Bernardino County Health Department permit
–Unattended or abandoned
–No valid applicable permit and business license
–Violates regulations and fails to provide ID
–Failure to remove items
–Obstructs free movement of pedestrians in violation of ADA
–Sale of illegal merchandise
–Imminent and substantial danger/environmental hazard
–Issuance of three or more administrative citations for violations
Impoundment cont.
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›Storage of impounded items
–Perishable items may be disposed
–All other items shall be stored for 30-60 days
›Owner notified and given opportunity to
retrieve items
–Payment of fee
–Proof of ownership
›Appeal
–File administrative hearing request & pay fee
–Hearing officer designated by City Manager
Recommendation
›Introduce Ordinance Providing Additional Enforcement
Mechanisms for Violation of Sidewalk Vendor
Regulations to Protect Public Health, Safety, and Welfare
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