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320 URGENCY ORDINANCE NO. 320 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING SECTION 5.64.060 OF THE GRAND TERRACE MUNICIPAL CODE AND ADDING CHAPTER 9.05 TO TITLE 9 OF THE GRAND TERRACE MUNICIPAL CODE TO ESTABLISH REGULATIONS FOR SIDEWALK VENDORS WHEREAS, effective January 1, 2019, Chapter 6.2 of the Government Code, commencing -at Section 51036, will authorize sidewalk vending and limit a local authority's scope of regulation of vending upon a sidewalk; and WHEREAS, the City Council of the City of Grand Terrace ("City") desires to implement Municipal Code provisions for the regulation of sidewalk vendors to be consistent with the new State law'and finds that the regulations contemplated by this ordinance are necessary to: 1. Protect the public health, safety, and welfare; 2. Ensure the public's use and enjoyment of the City's natural resources and recreational opportunities, including but not limited to City parks, streets, and sidewalks; 3. Prevent undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks; and WHEREAS, Government Code Sections 36934 and 36937 expressly authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or safety; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct and are incorporated herein as findings of the City Council. SECTION 2. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Grand Terrace by Government Code Sections 36934 and 36937 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if and to the same extent such ordinance had been adopted pursuant to each of the individual sections set forth 01247.0005/521766.3 Page 1 of 7 December 11, 2018 hereinabove. This Urgency Ordinance shall take effect immediately upon adoption and shall become operative on December 11, 2018. SECTION 3. Urgency Findings. The adoption of this Urgency Ordinance is necessary for the immediate preservation of the public peace, health, or safety, as those terms are defined in Government Code Section 36937(b), in at least the following respects: Senate Bill No. 946 substantially changes the City's ability to regulate sidewalk vending and requires that the City's :regulations be in compliance with its provisions. However, Senate Bill No. 946 will be effective January 1, 2019, and, without this Urgency Ordinance, the City would be without regulations concerning sidewalk vending and the City's residents will likely suffer the consequences thereof. Accordingly, this Ordinance shall take effect immediately upon adoption. SECTION 4. Section 5.64.060 of the Grand Terrace Municipal Code is hereby amended as follows: "5.64.060 - Scope of license—Hours—Permission—Conformance to law. A. A license issued pursuant to this chapter will authorize the licensee to peddle or solicit or hawk when there is no interference with the free flow of vehicle traffic or obstruction of pedestrian traffic. B. The licensed person shall be permitted to do the licensed activity only during daylight hours.. However, if the licensed person is a sidewalk vendor, roaming sidewalk vendor, or stationary sidewalk vendor, as defined by Chapter 9.05 of Title 9 of the Grand Terrace Municipal Code, then such licensed person shall comply with the hours of operation as -provided therein. C. There shall be no licensed activity until the license is actually issued. D. Licensees shall comply with all applicable laws, including California Business and Professions Code Section 17510 et seq., Chapter 9.05 of Title 9 of the Grand Terrace unicipal Code (to the extent applicable), and health and safety laws." SECTION 5. Chapter 9.05, "Vending on City Sidewalks," is hereby added to Title 9, "Public Peace, Morals and Welfare," of the Grand Terrace Municipal Code as follows: "Chapter 9.05 - VENDING ON CITY SIDEWALKS Section 9.05.010 Definitions. 01247.0005/521766.3 Page 2 of 7 As used in this chapter: A. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. B. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. Section 9.05.020 Selling food or merchandise—operational requirements. A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this code, and, if applicable, a valid health permit issued by the County of San Bernardino. B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business. C.. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions: 1. Vend in a. residential zone after nine p.m. or earlier than eight a.m. for the purpose of solicitation, unless such person has. been requested or invited to do so by the owner or occupant of said premises; 2. Leave any stand unattended; 3. Store, park, or leave any stand overnight on any public street, sidewalk, or park; 4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use; 5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles; 6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand; 01247.0005/521766.3 Page 3 of 7 7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display. capacity of his/her stand where such terms have not been described by his or her application; 8. Solicit or conduct business with persons in motor vehicles; 9. Sell anything other than that which he or she is licensed to vend; 10. Sound or permit the sounding of any device that produces aloud, and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract :the attention of the public; 11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop; 12.. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones; 13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk; 14. Operate on any street that does not have a public sidewalk; 15. Operate a stationary vending cart in exclusively residential zones; 16. Operate a stationary sidewalk vending cart in any city park if the city or operator of the city park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire; 17. Operate within 50 feet of an abutting residential zone within a city park; 18. Operate a sidewalk vending cart within a parking lot within a city park; 19. Operate a sidewalk vending cart within one thousand (1,000) feet from any public or private school property, during school hours or one hour before or after school hours; 20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in 01247.0005/521766.3 Page 4 of 7 accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article; and 21. Operate within the 500 feet of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, a "temporary special permit" is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. 22.. Operate in violation of any other generally applicable law. D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet. . Section 9.05.030 Violation--Penalty. A. Violations of Section 9.05.020, other than failure to possess a valid permit pursuant to Chapter 5.64, is punishable by the following: 1. An administrative fine not exceeding one hundred dollars ($100) for a first violation. 2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation. 3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 4. Rescission of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations within one year of the first violation. B. Violations of Section 9.05.020 by vending without a license or permit issued by the City is punishable by the following: 1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. 01247.0005/521766.3 Page 5 of 7 2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. 3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. C. Upon proof of a valid permit issued by the City, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in Section 9.05.030(A) of this code. D. All fines imposed pursuant to subsections (A) or (B) above shall be subject to an ability-to-pay determination as described in California Government Code section 51039(f). Concurrently with issuing a citation for such fines to a person, the City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination." SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. Severability. Should any provision of this Ordinance, or its application .to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end,.the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 8. Effective Date. This Ordinance shall become effective immediately. SECTION 9. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published . and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect immediately after its adoption. 01247.0005/521766.3 Page 6 of 7 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 11 th day of December 2018. k'0e MDer ab May PL- ATTEST: ebra Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney 01247.0005/521766.3 Page 7 of 7 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 320 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, at the regular meeting of said City Council held on the 11th day of December 2018, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey, Robles; Mayor McNaboe NOES: None. ABSENT: Mayor Pro Tern Wilson ABSTAIN: None. Executed this 12th day of November 2018, at Grand Terrace, California. ebra L. Thomas City Clerk [SEAL]