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Home My WebLink About08. Adopt Ord-Amending Provisions of DMC Establishing a Sidewalk Vending Prog-':, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: AUGUST 27, 2019 SUBJECT: ORDINANCE ESTABLISHING A SIDEWALK VENDING PROGRAM RECOMMENDATION That the City Council adopt: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING PROGRAM. BACKGROUND Senate Bill 946 (SB 946), the Safe Sidewalk Vending Act, was signed into legislation on January 1, 2019. SB 946 essentially "opened the door" for sidewalk vending to occur without any requirements to ensure its proper regulation. The City of Downey currently has no sidewalk vending program. In the interest of facilitating entrepreneurship and providing an opportunity for people to support themselves and their families as well as contributing to a diversity of food options and lively streets, and also having a mechanism in-place to allow the City to more effectively regulate this activity, the City desires to initiate a sidewalk vending program. DISCUSSION SB 946 establishes requirements for local regulation of sidewalk vending. Per SB 946, the City's proposed sidewalk vending program must comply with the following standards. Specifically, the program adopted by a local agency cannot: 1. Require a sidewalk vendor to operate within specific parts of the public right-of-way, except when the restriction is directly related to objective health, safety or welfare concerns; 2. Prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in a park if there is an existing agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. A local authority may adopt additional requirements regarding the time, place and manner of sidewalk vending in parks if the requirements are necessary to ensure the public's use and enjoyment of natural resources ORDINANCE ESTABLISHING A SIDEWALK VENDING PROGRAM AUGUST 27, 2019 PAGE 2 and recreational opportunities or necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park; 3. Require a sidewalk vendor to obtain the consent or approval of any non-government entity or individual, such as a nearby business, before the vendor can sell food or merchandise; 4. Restrict sidewalk vendors to designated neighborhoods or areas, except when the restriction is directly related to objective health, safety or welfare concerns; however, a local authority may prohibit stationary sidewalk vendors in areas zoned exclusively residential where no commercial activity is permitted, but a local authority cannot prohibit roaming sidewalk vendors in such areas; 5. Restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction, unless the restriction is directly related to objective health, safety or welfare concerns. In addition, SB 946 enables a local authority to impose time, place and manner restrictions on sidewalk vending provided said restrictions are directly related to objective health, safety or welfare concerns, such as: • Limitation on hours of operation that are not unduly restrictive; • Requirements to maintain sanitary conditions (i.e., proper sanitation, food preparation and food handling to prevent food contamination, poor hygienic practices and threat of food poisoning); • Regulations to ensure the collection and disposal of trash and other debris to avoid any remnant pollutants on sidewalks or in gutters at the conclusion of sidewalk vending activities; • Requirements necessary to maintain safe paths of travel for pedestrians and to ensure compliance with the federal Americans with Disabilities Act and other disability access standards; • Requirements to obtain a permit and a valid business license, possess a seller's permit from the California Department of Tax and Fee Administration, or obtain additional licenses from other state or local agencies to the extent required by law; • Requirements that sidewalk vendor submit information on his or her operations; and • Requirements to ensure no interference with the performance of police, firefighter and emergency medical personnel services. Additional time, place and manner restrictions may be imposed provided said restrictions are directly related to objective health, safety or welfare concerns, such as imposing an arbitrary limit on the number of vendors per block or a required distance between vendors. A local authority may also prohibit sidewalk vending within the immediate vicinity of a permitted farmer's market or swap meet during their operating hours. A local authority may also restrict or prohibit sidewalk vending within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, such as a permit for filming, a parade or an outdoor concert. Under SB 946, a local authority may not impose criminal penalties, such as misdemeanors or infractions, for sidewalk vending violations. Sidewalk vending violations are only punishable as administrative fines. A violation of a local authority's vending program is punishable only by the following administrative fines: $100 for a first violation; $200 for a second violation and $500 for each RA ORDINANCE ESTABLISHING A SIDEWALK VENDING PROGRAM AUGUST 27, 2019 PAGE 3 additional violation within one year of the first violation. If a local authority seeks to impose administrative fines, SB 946 requires that the adjudicator take into account the person's ability to pay the fine. If a person meets the criteria, the local authority must accept 20% of the fine in full satisfaction, and can allow the person to complete community service in lieu of paying a fine. SB 946 also applies to all pending criminal prosecutions under any local ordinance or resolution regarding or prohibiting sidewalk vending and any criminal prosecutions that have not reached final judgment must be dismissed. Additionally, any person who is serving or completed a sentence or who is subject to a fine or misdemeanor or infraction conviction for sidewalk vending may petition for dismissal of the sentence, fine or conviction. Unless a party opposing the petition for dismissal proves by clear and convincing evidence that the person seeking the petition is not eligible for dismissal, the court must grant the petition and dismiss and seal the conviction because the sentence, fine and conviction are legally invalid. The attached ordinance will officially establish the City's Sidewalk Vending Program within the parameters allowed by SB 946 and includes provisions for a permitting process, operating requirements, violations and penalties, recission of permits and an appeals process. Given that the passage of SB 946 essentially authorized sidewalk vending without any regulations to protect the health, safety and welfare of the general public and in the interest of immediately instituting a mechanism to protect the health, safety and welfare of the general public, the City Council adopted an urgency version of the ordinance (No.19-1413) on July 23, 2019. In order to allow the public to provide input and comment on this item, the same ordinance was introduced in regular form on July 23, 2019. The language of the regular ordinance was then revised to clarify that the Sidewalk Vending Permit is processed and issued by the Public Works Department and that urgency Ordinance No.19-1413 will be repealed upon the adoption of the regular ordinance. As such, the revised version of the ordinance was re -introduced on August 13, 2019 and is being adopted through this City Council action. In addition, through this City Council action, the urgency version of the ordinance is being repealed. CITY COUNCIL PRIORITIES Quality of Life, Infrastructure & Parks FISCAL IMPACT O ma - ATTACHMENTS • Attachment "A" — Ordinance 9 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING PROVISIONS OF THE DOWNEY MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING PROGRAM WHEREAS, pursuant to the police powers delegated to it by the California Constitution. the City OfDowney has the authority to 8O8[t laws that promote the public health, safety, and VVe|fGPe of its CiUzBOS. including sidewalk vending; WHEREAS. the State Legislature recognized that the establishment of a aidevvu|h vending prOg[8OD will benefit |OC8| COOOODUOiti8S as @ whole by facilitating eDt[8prBO8U[Ship and providing 9CODOOOiC opportunity for people to support themselves and their families, and by contributing tO8diversity Offood options and lively streets; and, WHEREAS' Senate Bill ("SB") 946 was signed into law on September 17. 2018, and became effective January 1,2U19;and, WHEREAS. GB 940 limits the authority Of cities and counties to regulate sidewalk v8nd0rS, enC8pf in accordance with California Government Code Sections 51038 and 51039; and, WHEREAS, GBS48applies toboth charter and general law cities; and, WHEREAS, the City of Gcurrent regulations pertaining to "street vendors" [Article V|.Chapter 5.Part 3.1]8Sthey pertain tV"sidewalk vendors" conflict with 8BS40;and, WHEREAS, SB 948 authorizes the implementation of regulations that are directly related to objective health, oafetv, or welfare concerns, and that do not restrict sidewalk vending only inadesignated neighborhood orarea, except aespecified; and, WHEREAS, the City Council finds that the act ofvending onsidewalks and other areas of the public right-of-way creates the potential for increased safety hazards, such as, but not limited to, inhibiting the ability Ofdisabled individuals and other pedestrians tOfollow 8 safe path of travel; interfering with the performance of po|iog, finefighter, and emergency medical personnel services; encouraging pedestrians to onoaa mid -block or stand in roadways to purchase food; and creating obstacles and contributing tocongestion for pedestrians, school children, v8hiC|6S' and bicycle traffic; and, WHEREAS. the City Council finds that restrictions on sidewalk vending are needed to accommodate vendors and their aquipment, while also safeguarding the flow of pedestrian movement on nidevvo|ko and in the public right-of-way, and ensuring no interference with the performance of police, firefighter, and emergency medical personnel services; and, WHEREAS. the City Council finds that the regulation of vendors engaged in the ao|e of k}Od and food products will help [oensure that sidewalk vendors obtain all necessary permits and comply with applicable eaniLaUon, food preparaiion, and food handling |avva, and thereby will protect the public health and safety against health pnob|gnna such as food contamination, poor hygienic practices, and the threat offood poisoning; and, Attachment "A" ORDINANCE NO. PAGE 2 WHEREAS, the City Council finds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on City streets, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, so that the same might be or become a pollutant; and, WHEREAS, the City Council finds that restrictions on sidewalk vending in public parks is necessary to ensure the public's use and enjoyment of natural resources and recreational opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks; and, WHEREAS, the City Council finds that the inherent itinerant nature of sidewalk vending and the ability of such vendors to move quickly from one location to another, including near parks, schools, and other places frequented by children warrants imposing certain regulatory measures, including requiring criminal background checks, to protect the health, safety, and welfare of the community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference as findings in support of the regulations contained in this Ordinance. SECTION 2. Part 3.1 ("Street Vendors") of Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code is hereby renumbered as "Part 3.2 ("Street Vending"). SECTION 3. Subsection 6545(e) ("Definitions: Public Property") of Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code is hereby amended to read as follows: (e) "Street" shall mean as defined in the California Vehicle Code, and shall include any street, road, highway, or other area open to the public for purposes of vehicular travel. SECTION 4. Subsection 6545(g) ("Definitions: Vend or Vending") of Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code is hereby amended to read as follows: (g) "Vend" or "Vending" shall mean the sale or offering for sale of any goods or merchandise on or from the street or from a vehicle parked, stopped, or standing upon a street. SECTION 5. Subsection 6545(h) ("Definitions: Vendor") of Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code is hereby amended to read as follows: ORDINANCE NO. PAGE 3 (h) "Vendor" shall mean any person who engages in the act of vending on or from the street or from a vehicle parked, stopped, or standing upon the street or who drives or otherwise operates any such vehicle for the purposes of vending therefrom. SECTION 6. Section 6545.1 ("Regulation for Sales") of Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code is hereby amended to read as follows: SECTION 6545.1 REGULATIONS FOR SALES It shall be unlawful for any person to vend on or from the street or operate any vehicle or conduct any business for the purposes of causing the sale or offering for sale of any goods or merchandise from any vehicle parked, stopped, or standing upon any public street in the City of Downey except in accordance with all applicable provisions of this Code and in compliance with each of the applicable following requirements: (a) Vending from a motor vehicle shall be only by means of motor vehicle duly licensed by the State of California for commercial purposes; (b) Vending from a motor vehicle shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property; (c) Each operator shall possess and at all times display in conspicuous view a City of Downey Business Certificate; (d) Each operator shall possess and at all times display in conspicuous view an unexpired and unrevoked operator's permit; (e) It is unlawful for any vendor to sell or offer for sale any goods or merchandise pursuant to this section unless such person shall possess and at all times while conducting such vending maintain upon his or her person an unexpired and unrevoked vendor's permit; (f) It is unlawful for any operator to permit or allow any vendor under such operator's control, direction, charge, or employ to vend any goods or merchandise pursuant to this section unless such vendor possesses an unexpired and unrevoked vendor's permit; (g) Each vendor and operator shall comply with the provisions of Section 3161 of the Downey Municipal Code. The provisions of this Part shall not be applicable to any Sidewalk Vendor subject to the provisions of Part 3.1 of this Chapter. SECTION 7. Part 3.1 ("Sidewalk Vending") is hereby added to Chapter 5 ("Regulation of Particular Business") of Article VI ("Business, Trades, and Professions") of the Downey Municipal Code to read as follows: ORDINANCE NO. PAGE 4 Part 3.1 — SIDEWALK VENDING SECTION 6544. PURPOSE The City Council of the City of Downey hereby finds and declares that the vending of prepared or pre-packaged foods, goods, and/or wares at semi- permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Part is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community. SECTION 6544.1. DEFINITIONS For purposes of this Part, the following words and terms are defined as follows: (a) "Certified farmers' market" shall mean 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 (including those contained in Section 9420.16 of this Code). (b) "City" shall mean the City of Downey. (c) "Director" shall mean the Director of Public Works, or designee thereof. (d) "Food" shall mean any type of human edible substance, including any food product or beverage. (e) "Merchandise" shall mean any goods or items that are not food. Merchandise does not include services. (f) "Person" shall mean one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity. (g) "Roaming sidewalk vendor" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction. (h) "Sidewalk" shall mean a public sidewalk, parkway, pedestrian path, or other public right-of-way provided for the exclusive use of pedestrians. A sidewalk shall not include streets, alleys, plazas, or City -owned parking lots or structures. ORDINANCE NO. PAGE 5 (i) "Sidewalk vendor" shall mean a person who vends from a vending cart or from one's person upon a sidewalk. 0) "Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location. (k) "Swap meet" shall mean a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that Article. (1) "Temporary special permit" shall mean 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 or special event permit. (m) "Vend" or "Vending" shall mean to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and Vending does not include the offering of services. (n) "Vending cart" shall mean a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance used for vending that is not a vehicle as defined in the California Vehicle Code. SECTION 6544.2. PERMIT REQUIRED No person shall engage in, conduct, or carry on the business of sidewalk vending, or cause, permit or suffer a person to engage in, conduct, or carry on the business of sidewalk vending, without a permit issued under the provisions of this Part. A Sidewalk Vending Permit is not required for a certified farmers' market, swap meet, or any activity or event authorized by a temporary special permit. SECTION 6544.3. PERMIT APPLICATION Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending shall file an application with the Public Works Department on a City -approved form. Such application shall be accompanied by a non-refundable application fee in an amount established by Resolution of the City Council, and shall contain, at a minimum, the following: (a) The legal name, date of birth, current mailing address and telephone number of the applicant; (b) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; (c) Whether the applicant is seeking authorization to operate as a roaming sidewalk vendor or a stationary sidewalk vendor; ORDINANCE NO. PAGE 6 (d) A description of the food and/or merchandise the applicant proposes to vend; (e) A description of any vending cart the applicant intends on using in conjunction with the vending operation — including measurements of the height, width, and depth of the vending cart; (f) A description, map, or drawing of the areas/route in which the applicant proposes to vend; (g) The hours per day and the days per week during which the applicant proposes to vend; (h) If a stationary sidewalk vendor, a maintenance plan that includes litter pickup in the vicinity of the vending location; (i) A copy of a current and valid business license issued pursuant to Article VI, Chapter 2, Part 1 of this Code; (j) A copy of a current and valid California seller's permit issued to the applicant by the California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto); (k) If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health — including a copy of the applicant's current and valid Los Angeles County Health Permit; (1) A copy of the applicant's social security card, driver's license or identification card issued by the State of California, taxpayer identification number, or an identification card issued by another municipality; (m) Proof of comprehensive liability insurance in an amount not less than two million dollars ($2,000,000.00). Such insurance shall name as additional insured the City of Downey, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days advance written notice to the City of Downey; (n) An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's vending location; (o) Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and (p) Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities. ORDINANCE NO. PAGE 7 The applicant shall also submit a complete set of the applicant's fingerprints to the Chief of the Downey Police Department, or designee thereof, in a manner and form approved by the Chief of Police. The applicant shall pay for any fees for the fingerprints. Pursuant to California Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this Part. SECTION 6544.4. INVESTIGATION AND ACTION UPON PERMIT APPLICATION (a) Determination of Completeness. The Director of Public Works shall, within fifteen (15) calendar days, review the submission of any application for a Sidewalk Vending Permit to determine if the application contains all of the requisite information set forth in Section 6544.3. Any application that is missing information required pursuant to Section 6544.3 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the Director. In such case, the Director shall issue a Notice of Incompleteness to the applicant specifying the information that is missing resulting in the incomplete application. Failure of the applicant to submit the missing information within thirty (30) calendar days of the Notice of Incompleteness shall be deemed an administrative withdrawal of the Sidewalk Vending Permit application by the applicant. (b) Investigation and Action. Upon receipt of a complete Sidewalk Vending Permit application (and requisite fees), the Director shall conduct a thorough investigation of the application and shall make a determination upon the application within sixty (60) days of the Director's determination of completeness. The Director may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the City or other appropriate agency. Notwithstanding the provisions of Article VI, Chapter 4 of this Code, the Director shall approve the issuance of a Sidewalk Vending Permit unless he or she determines that any of the following disqualifications exist: (1) The applicant has failed to submit any of the information, documentation, and/or fees required pursuant to Section 6544.3 of this Part; (2) The applicant does not possess all Federal, State, and/or local permits, licenses, certificates, and/or approvals required to engage in the activity in which the applicant seeks to engage; (3) The applicant has made one or more material misstatements or misrepresentations in the application or supplemental information provided by the applicant; (4) The applicant's proposed vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements set forth in this Part; ORDINANCE NO. PAGE 8 (5) The applicant has failed to demonstrate an ability to conform to the standards, conditions, or requirements set forth in this Part; (6) The applicant has been convicted of any felony or misdemeanor offense involving moral turpitude within five (5) years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude; or, (7) The applicant has been convicted of any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058 within five (5) years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this section; or, (8) The applicant is required to register under the provisions of California Penal Code section 290 (or an equivalent section in any other State); or, (9) If the application is for a renewal of a Sidewalk Vending Permit or a subsequent permit, the applicant has failed to pay all previous administrative fines in connection with a previous violation of this Part. '��[�7�[�!!�7��1/_1��7�'i17��1,�T_1�:��/=1r•17I�[H,�T��i1�1 If a Sidewalk Vending Permit is denied pursuant to this Part, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The Notice shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section 6544.14(c) of this Part. Notice shall be mailed to the applicant at the address listed in the application. SECTION 6544.6. TERM OF PERMIT A Sidewalk Vending Permit issued pursuant to the provisions of this Part shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit. SECTION 6544.7. PERMIT NON -TRANSFERABLE A Sidewalk Vending Permit issued pursuant to the provisions of this Part shall not be transferable to any other entity or person. SECTION 6544.8. CONDITIONS IMPOSED ON PERMIT Sidewalk vendors shall adhere to all operating requirements set forth in this Part, and all restrictions, limitations, and operating requirements set forth in this Part shall constitute conditions upon any Sidewalk Vending Permit issued pursuant to this Part. SECTION 6544.9. GENERAL SIDEWALK VENDOR OPERATING REQUIREMENTS ORDINANCE NO. PAGE 9 All sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit: (a) Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Department of Public Works, and shall display a City -issued Sidewalk Vending Permit and Business License on the street -side portion of the City -approved vending cart. (b) Roaming sidewalk vendors shall only conduct vending operations along the route approved by the Department of Public Works, and shall display a City -issued Sidewalk Vending Permit and Business License on the City -approved vending cart; or, if no vending cart is utilized, a roaming sidewalk vendor shall keep the City -issued Sidewalk Vending Permit and Business License upon his or her person at all times while conducting vending operations. (1) Roaming sidewalk vendors shall move continuously except when necessary to complete a sale. (2) Roaming sidewalk vending within residential areas of the city is prohibited between the hours of 5 p.m. and 9 a.m. of the subsequent day. (c) Sidewalk vendors shall not vend in the following locations: (1) Within twenty-five feet (25) of any street intersection; (2) Within twenty-five feet (25) of any traffic control device (including traffic signals and traffic signs); (3) Within twenty-five feet (25) of a fire hydrant or connection, fire call box, or other emergency facility; (4) Within three feet (3') of the edge of any curb; (5) Within twenty-five feet (25) of any driveway apron; (6) Within twenty-five feet (25) of a marked crosswalk; (7) Within twenty-five feet (25) of a curb return of an unmarked crosswalk; (8) Within twenty-five feet (25) of a bus bench or bus shelter; (9) Within twenty-five feet (25) of any entrance or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein; (10) Within five hundred feet (500') of any permitted certified farmers' market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers' market, swap meet, or temporary special permit; ORDINANCE NO. PAGE 10 (11) Upon any sidewalk that is within five hundred feet (500') of the nearest property line of any property on which a school building is located between the hours of 7 a.m. and 5 p.m. of any school day; street; (12) Within or on any median strip or dividing section of any (13) Within any parking lot or parking structure; (14) Within any landscaped area or on an unpaved surface; (15) Within any public property that is not set aside for the exclusive use of pedestrians; (16) Within any private property without having first obtained current and valid permits and licenses from the City of Downey for such activity. (d) Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks, and must maintain a minimum of forty-eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices. (e) Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows. (f) Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked, and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes. (g) Sidewalk vendors shall not sell, use, or vend any live animal(s), nor shall any sidewalk vendor vend adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities [as defined by Section 9402.4 of this Code], alcohol, marijuana, or tobacco products that contain nicotine or any product used to smoke (or "vape") nicotine or marijuana. (h) Sidewalk vendors shall not use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound, in accordance with Section 4603 of this Code. (i) Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within twenty-five feet (25') of the vending location. Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City. ORDINANCE NO. PAGE 11 Q) Sidewalk vendors shall present, upon request, a valid California identification, Sidewalk Vending Permit, Business License, and other applicable license or permit, to any City Official authorized to enforce the provisions of this Part, as well as to any person to whom they are vending. (k) Vending carts or other accessory equipment shall not touch, lean against, or be affixed or fastened at any time to a building or to any pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or traffic barrier located in the public right-of-way. (1) Vending carts shall not be left unattended on the public right-of- way at any time. SECTION 6544.10. STATIONARY SIDEWALK VENDOR OPERATING REQUIREMENTS In addition to the general operating requirements set forth in Section 6544.9 of this Part, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a stationary sidewalk vendor. (a) Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City, including Single -Family Residential (R-1) Zone — and each of its sub -zones, Two -Family Residential (R- 2) Zone, Multiple -Family Residential (R-3) Zone, and Multiple -Family Residential (R-3-0) Zone. (b) Stationary sidewalk vendors shall remove any vending cart used in the vending operation from the sidewalk each day at the close of business. (c) Stationary sidewalk vendors shall maintain a separation of at least twenty-five feet (25') from any other stationary sidewalk vendor so as to allow for queuing and to prevent sidewalk congestion. (d) Stationary sidewalk vendors shall not cause, allow, or suffer the placement of tables, chairs, fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk in conjunction with the vending operation (whether for the display of goods or any other reason). (e) Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs upon the sidewalk. (f) Stationary sidewalk vendors shall not attach or use any water lines, electrical lines, or gas lines during the vending operation. (g) No vending cart may exceed an overall height of five feet (5) and width/length of five feet (5) and may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids. ORDINANCE NO. PAGE 12 SECTION 6544.11. OPERATING REQUIREMENTS FOR SIDEWALK VENDORS WITHIN A PARK In addition to the general operating requirements set forth in Section 6544.9 of this Part, sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any Sidewalk Vending Permit for a sidewalk vendor within a park. (a) Stationary sidewalk vendors are prohibited from operating within any portion of a City Park for which the City has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire. (b) Stationary sidewalk vendors operating within a City Park shall comply with all operating requirements and prohibitions set forth in Section 6544.10 of this Part. (c) Sidewalk vendors shall not vend in the following locations within a park: (1) Within fifty feet (50') of any field, court, or pitch that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer pitch, volleyball court, and handball court), while said area is in use; (2) Within fifty feet (50') of any playground, recreational water features, or exercise area, while said area is in use; (3) Within fifty feet (50') of any restroom facilities. (d) Notwithstanding Section 6544.9(c)(14), sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. However, sidewalk vendors of food may not conduct sidewalk vending on unpaved portions of a park. SECTION 6544.12. VIOLATIONS AND PENALTIES (a) A violation of this Part by a sidewalk vendor who has a current and valid Sidewalk Vending Permit issued by the City pursuant to this Part is punishable only by an administrative citation pursuant to Chapter 4 of Article I of this Code, in the following amount: (1) One hundred dollars ($100) for a first violation. (2) Two hundred dollars ($200) for a second violation within one year of the first violation. (3) Five hundred dollars ($500) for each additional violation within one year of the first violation. ORDINANCE NO. PAGE 13 (4) The City may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations, in accordance with the provisions of Section 6544.13. (b) An person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this Part is punishable only by an administrative citation pursuant to Chapter 4 of Article I of this Code, in the following amounts, in lieu of the amounts set forth in paragraph A: (1) Two hundred fifty dollars ($250) for a first violation. (2) Five hundred dollars ($500) for a second violation within one year of the first violation. (3) One thousand dollars ($1,000) for each additional violation within one year of the first violation. (4) Upon proof of a valid permit issued by the City pursuant to this Part, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. (c) A violation of this Part shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Part shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this Part shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. (d) Any administrative citation issued pursuant to this Part shall be accompanied with notice of and instruction regarding the citee's right to request an ability -to -pay determination. When assessing administrative citations pursuant to this Part, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The person may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (e) If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Part. SECTION 6544.13. RESCISSION OF SIDEWALK VENDOR PERMIT The Director shall summarily rescind a Sidewalk Vendor Permit issued to a sidewalk vendor for the term of the Permit upon a fourth or subsequent violation of this Part within one year of the first violation in accordance with the procedures outlined in this Section. ORDINANCE NO. PAGE 14 (a) Upon determining that a holder of a Sidewalk Vendor Permit has committed a fourth or subsequent violation of this Part within one year of the first violation, the Director shall serve a written Order of Rescission upon the permittee stating the grounds for rescission and the permittee's right to appeal the Order of Rescission. The Order shall also set forth the effective date of the rescission and the duration of the rescission. The Order of Rescission shall be served upon the permittee at the address listed on the Sidewalk Vendor Permit application via first class mail. Failure of the permittee to receive an Order of Rescission that was served in accordance with this Section shall not invalidate the Order of Rescission. �'i=[� it [�P►[ Lei C!!_1 31� � '� t�17t\'/7 11210 11 L1_� [�P► (a) Ability to Pay Determination. Any person issued an administrative citation pursuant to this Part may request a determination on the person's ability to pay the administrative fine. The person may request an ability - to -pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program. (1) The Director or hearing officer shall reduce the fine to twenty percent (20%) of the total if the citee meets either of the following criteria: a. If the citee is receiving public benefits under Government Code Section 68632(a); or, b. If the citee has a monthly income which is 125 percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services. (b) Appeal of Administrative Citation. Any person issued an administrative citation pursuant to this Part shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in the provisions of Chapter 4 of Article I of this Code. (1) Notwithstanding the provisions of Chapter 4 of Article I of this Code, upon the submission of proof of a valid permit issued by the City pursuant to this Part, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Section 6544.12(b)(4) of this Part. (c) Appeal of Denial or Rescission of Sidewalk Vending Permit (1) Any person who has been denied a Sidewalk Vending Permit or who has had a Sidewalk Vending Permit rescinded by the Director pursuant to the provisions of this Part may appeal such determination to the City Manager, or designee thereof, by filing a request for an appeal with the City Clerk, and tendering a filing and processing fee as set by resolution of the City Council, within ten (10) calendar days of service of the notice of such denial or Order of Rescission. The request for an appeal shall contain, at a minimum, the following: ORDINANCE NO. PAGE 15 a. number of the appellant; no Public Works; The name, current mailing address, and telephone The date of denial or rescission by the Director of C. A statement as to all grounds for appeal in sufficient detail to enable the City Manager, or designee thereof, to understand the nature of the controversy; and, d. The signature of the appellant under penalty of perjury as to the contents of the request for appeal. (2) Appeal hearings shall be conducted before the City Manager, or designee thereof, in the same manner as set forth under the provisions of Section 6301(f)(2) and 6301(f)(3) of this Code. The determination of the City Manager, or designee thereof, is final and binding. SECTION 8. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each article, section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more articles, sections, subsections, paragraph, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 9. Urgency Ordinance No. 19-1413 adopted by the City Council on July 23, 2019 is hereby repealed upon the effective date of this ordinance. SECTION 10. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this ATTEST: Maria Alicia Duarte, CMC City Clerk STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss: CITY OF DOWNEY) day of 2019. Rick Rodriguez, Mayor 1 HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of , ORDINANCE NO. PAGE 16 2019, and adopted at a regular meeting of the City Council of the City of Downey held on the day of , 2019, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: 1 FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 19- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on , 2019, (after introduction), and on , 2019, (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. Maria Alicia Duarte, CMC City Clerk