RESOLUTION NO. 11482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE SETTING THE AMOUNT OF APPEAL AND
IMPOUNDMENT FEES RELATING TO SIDEWALK
VENDORS.
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, On April 11, 2023, the City Council adopted Ordinance No. 03 -23 implementing sidewalk vending regulations t o provide a licensing and permitting process and impose operational requirements for sidewalk vendors in the City to comply with California Senate Bill 946, the California Safe Sidewalk Vending Act (“SB 946”) and protect the health, safety, and welfare of the community; and
WHEREAS, the City desires to amend the provisions of the Orange Municipal Code to impose regulations related to the impoundment of sidewalk vendor vending carts, food, equipment, goods and merchandise (collectively classified as “items”) due to violations of City, county, state or federal laws relating to health, safety and welfare and to set forth an appeal process for the denial of a Sidewalk Vending Permit or the impoundment of said items; and
WHEREAS, on July 11, 2023, the City adop ted Urgency Ordinance No. 10 -23 to immediately implement regulations related to the impoundment of sidewalk vending items in order to preserve objective health, public safety, and welfare concerns, including but not limited to the health, safety and welfare of vendors, their prospective customers, pedestrians, those protected by the Americans With Disabilities Act, those operating motor vehicles at intersections and in rights- of-way adjacent to sidewalks, and the public at large , and also to create an appeal process for the denial of a Sidewalk Vending Permit and the impoundment of sidewalk vending items . On that date, the City also introduced Ordinance No. 09 -23 to implement those same sidewalk vending regulations and appeal process.
NOW, THEREFORE, IT BE RESOLVED by the City Council of the City of Orange as follows:
1. An Impound Fee of $ 710.00 shall be required from any sidewalk vendor who wishes to recover impounded items (excluding any items that were immediately disposed of because they were perishable or could not be safely stored). Said Impound Fee shall be payable in full prior to recovering the items and upon demonstrating proper proof of ownership of the items. If said impoundment action is appealed and the hearing officer upholds the appeal, no Impound Fee shall be required.
2. An Administrative Appeal Fee of $85 .00 shall be required for any person who wishes to appeal any of the actions listed below before a hearing officer. If the hearing officer upholds the appeal, the Administrative Appeal Fee shall be refunded.
a. Denial or revocation of a Sidewalk Vending Permit.
b. Impoundment of sidewalk vending items.
3. This Resolution shall be effective immediately upon the effective date of Ordinance No. 10-23 and in no case later than the effective date of Ordinance No. 09-23.
ADOPTED this ____ day of ___________________, 2023.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 11th day of July 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange