ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, ADDING CHAPTER 5.98 "SIDEWALK
VENDORS" TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE REGULATING SIDEWALK VENDORS IN
COMPLIANCE WITH SENATE BILL 946 AND AMENDING
CHAPTER 5.48 “PEDDLERS” OF TITLE 5 OF THE
CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Senate Bill 946 was approved by the Governor in September, 2018, prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill; and
WHEREAS, Senate Bill 946 authorizes the City Council to adopt by ordinance additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety or welfare concerns; and WHEREAS, Senate Bill 946 went into effect January 1, 2019; and WHEREAS, the City Council desires to establish a sidewalk vending program that will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families; and WHEREAS, the establishment of a sidewalk vending program under the authority provided in Senate Bill 946, shall ensure protection of the health, safety, and welfare of City residents, businesses and visitors; and
WHEREAS, amendments to the Chapter 5.48 of the Cathedral City Municipal Code are intended to distinguish between sidewalk vendors and peddlers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 5.98 TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 5.98 "Sidewalk vendors" is hereby added to Title 5 of the Cathedral City Municipal Code to read as set forth in the attached Exhibit A.
SECTION 2. AMENDMENT TO CHAPTER 5.48 OF TITLE 5 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Chapter 5.48 “Peddlers” of Title 5 of the Cathedral City Municipal Code is hereby amended to read as set forth in the attached Exhibit B.
SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 4. CEQA
The adoption of this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines which allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, Section 15308 regarding actions taken by an agency pursuant to state law, and Section 15378 because “project” under CEQA does not include organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment.
SECTION 5 . EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 6 . POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 7 . CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Rita Lamb, Mayor
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney