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CITY ATTORNEY’S OFFICE
3900 MAIN STREET
RIVERSIDE, CA 92522
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA,
AMENDING CHAPTER 5.36 OF THE RIVERSIDE MUNICIPAL CODE
REGARDING REGULATION OF MOBILE FOOD VENDORS.
The City Council of the City of Riverside does ordain as follows:
Section 1: Section 5.36.010 of the Riversid e Municipal Code is hereby amended as follows:
“Section 5.36.010 Findings.
The City Council fi nds as follows:
A. Mobile food vending has the potential to foster an active and social pedestrian environment in communities throughou t the City; however, vending vehicl es can also pose create certain special dangers to the public health, sa fety and welfare if not adequately regulated. of residents of the City.
. . .
C. Vending vehicl es parked in highly congested areas one locati on for more than ten minutes at a time further may exacerbate traffic problems in highly congested areas and obstruct sidewalks.
This may also create s safety issues for pedestrians children who may run across public roadways attempting to access the vendors. This is especially true of school sites when children are coming to and going from school.
. . .
E. The sale of non-food items presents special regulatory challenges whic h may affect the health, safety and welf are of minors who frequent this ty pe of vendor, of ten without adult supervision.
EF. The City has an important and substantial p ublic interest in prov iding regula tions to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community.”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
Section 2: Section 5.36.030 of the Riversid e Municipal Code is hereby amended as follows:
“ Section 5.36.030 Definitions.
For the purposes of this chapter, the following phrases sh all have the meaning respectively ascribed to them by this section:
A. “Alley” means any highway having a roadwa y not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property.
BA. "Beverages" means and refers to a liquid for dr inking that does no t contain alcohol.
CB. "Food" or "foodstuff" means and refer to any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
DC. "Food preparation" means and refers to packaging, processi ng, assembling, portioning, or any operation that change s the form, flavor, or consistency of food, bu t does not in clude trimming of produce, as set forth by Se ction 113791 of the Californi a Health and Safety Code.
ED. "Mobile food merchant" means an d refers to any individual that operat es or assists in the operation of a vending vehi cle in the sale, display, solicitation or offer fo r sale, barter, exchange, gift or otherwise of foodstu ffs from a vending vehicle.
FE. "Mobile food vending" means and refers to the sale, display, solicitation or offer for sale, barter, exchange, gift or otherwise, of foodstuffs from any vending vehicle.
F. "Pre-packaged food" means and refers to any food as defined by Secti on 113876 of the California Health and Sa fety Code, as properly labeled pr ocessed food, prepac kaged to prevent any direct human contact with the food product up on distribution from the manufacturer, a food facility, or other approved source.
G. "School" means and refers to any elementary school, middle school, junior high school, four-year high school, senior high school, conti nuation high school, or any branch thereof.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
H. “Street” or “highway” mean s the entire width between the property lines of every way publicly maintained when any part thereof is open to the use of the public for pu rposes of vehicular travel.
IH. "Vending operations" means and refers to th e sale, display, solic itation, offer for sale, barter, exchange, gift or otherwise of foodstuffs from a vending vehicle.
JI. "Vending vehicle" means and refers to any self-propelled, motorized device by which any person or property may be propelled or move d upon a highway, excepting a device moved exclusively by human power, or wh ich may be drawn or towed by a self-propelled, motorized vehicle, or used exclusively up on stationary rails or tracks, from which foodstuffs are sold, displayed, solicited or offered for sale, bartered, exchanged, given or otherwise.” Section 3: Section 5.36.065 of the Riverside M unicipal Code is hereby added as follows:
“Section 5.36.065 Hours of Operation.
Mobile food merchants shall operate in accordance with the following:
a. In residential only areas, mobile food merchants may operate from sunrise to sunset.
b. In all other areas, mobile food m erchants may operate from sunrise to midnight.”
Section 4: Section 5.36.070 of the Riversid e Municipal Code is hereby amended as follows:
“Section 5.36.070 Sales from vending vehicles.
A. No mobile food merchant shall sell, display, so licit, barter, gift, or exchange or otherwise, any foodstuff or other item, from a vending vehicle within the co rporate limits of the City of Riverside, except as set forth in this Code.
BA. Vending vehicles must be broug ht to a complete stop and be lawfully parked adjacent to the curb consistent with Vehicl e Code 22500 and th e provisions of Title 10 of this Code prior to initiating vendi ng operations.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
C. Vending vehicles shall not be left unattended or parked ov ernight in the public right-of- way.
D. Vending vehicles shall not park within 100 feet of intersections, traffic signals, and marked or unmarked crosswalks wh en making a sale or attempting to make a sale.
E. Vending vehicles shal l not operate out of mete red parking stal ls and shall respect all curb markings, including but not limited to loading zones, bus stops, and re stricted parking areas.
F. Vending vehicles shall not operate within any designated bikeway, bike la ne, or bicycle parking area.
G. Sales from vending vehicles parked along streets shall only occur out of the portion of the vending vehicle that faces the sidewa lk, or that portion op posite moving traffic. No sales shall be made to persons stan ding in the portion of the roadway open to other vehicles.
HB. No mobile food merchant shall sell, display, soli cit, barter, gift, or ex change or otherwise, any item, other than pre-packaged food from a vending vehicle with in the corporat e limits of the City of Riverside as set forth in this Code. No mobile food merchant shall operate in a manner that blocks or obstructs the free movement of pedestrians or vehicles.
I. No mobile food merchant shall place any sign , chair, table, umbrella or other object in the public right of way, which would obstruct pedestrian or vehicle traffic.
J. The Director of Public Works may from time to time create no parking zones, adjust parking space sizes, an d impose parking time limi ts upon vending vehicl es in areas that the Director deems necessary for the safe passage of pedestrians and vehicles.
C. Only pre-packaged food and/or beverages are pe rmitted for sale, display, solicitation, barter, exchange, gift or otherwise, from a vending vehi cle within the corporate limits of the City of Riverside.
D. K. Mobile food merchants operating a vendi ng vehicle must provide or have garbage receptacles readily available for immediate use by customers of the vending vehicle.
E.L. Mobile food merchants opera ting a vending vehicle must pick up, remove and dispose of all garbage, refuse or litter c onsisting of foodstuffs, wrappers, and/or materials at one time dispensed from the vending vehicle, and any resi due deposited on the stre et from the operation
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
thereof, and shall otherwise maintain in a clean and debris-free condition the entire area within a 25-foot radius of the lo cation where mobile food vending is occurring.
M. No vending vehicl e shall stop or con duct business in an y designated alley.
N. Ice cream vending. Mobile food merchant s engaged in vending ice cream and similar food items in residential neighborhoods shall comply with California Vehicle Code Section 22456, as may be amended from time to time.
F. No mobile food merchant shall sell, display, solicit, barter, gift, and/or exchange or otherwise, any foodstuffs as provided in th is Code from a vending vehicle within 300 feet of the entrance to a business establishment which is op en for business and is offering for sale any foodstuffs as an item offered for sale by the mobile food vendor; or within 300 feet of any restaurant, café, or eating establishment which is open for business.
G. No mobile food merchant shal l operate in any p ublic park in viol ation of Section
9.08.010 of this Code.”
Section 5: Section 5.36.075 of the Riverside M unicipal Code is hereby added as follows:
“Section 5.36.075 Special restrictions for Parks.
A. Mobile food merchants are prohibited from vending in City parks where the City Manager or his or her designee has signed an agreement for concessions that exclusively permit the sale of food or merchandise by the concessionaire.
B. Vending vehicles are prohibited at the following regional reserve/open space parks:
1. Box Springs Mountain Open Space.
2. Challen Park Open Space.
3. Mount Rubidoux Park and San Andreas Avenue/Glenwood Drive between Tequesquite Avenue and Fourteenth Street.
4. Pachappa Hill Open Space.
5. Quail Run Open Space.
6. Sycamore Canyon Wilderness Park.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
This prohibition is made upon the City Council’ s consideration of objective health, safety, and welfare concerns; the necessity of ensuri ng the public’s use and enjoyment or natural resources and recreational opportunities, and the necessity of preventing an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of the aforementioned parks.”
Section 6: Section 5.36.085 of the Riverside M unicipal Code is hereby added as follows:
“Section 5.36.085 Mobile food merchants on private property.
Vending vehicles may operate on private pr operty, provided no City, State or Federal ordinances, laws or regulations are violated , based on the following additional minimum standards and conditions:
A. Location.
1. No more than two vending vehicles shall be permitted on any private lot in the following zones, as defined in Title 19 – Article V Base Zones of the Riverside Municipal Code: O – Office, CG – Commercial General, CR – Commercial Retail, CRC – Commercial Regional Center, MU-V – Mixed-Use Village, MU-U – Mixed-Use Urban, BMP – Business and Manufacturing Park, I – General Industria l, AI – Air Industrial Zone, AIR – Airport Zones and any zone within a Specific Plan that allows commercial uses.
2. Permission from the private property owner to operate on the property.
The vending vehicle shall bear the burden of showing compliance with this requirement.
B. Parking.
1. No overnight parking of vending ve hicles shall be allowed on the private property.
2. A minimum of two off-street parking spaces shall be provided for each vending vehicle.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
3. The parking required herein shall not be reserved, encumbered, or designated to satisfy the off-street parking of another business or activity that is operating on the site at the same time as the vending vehicle.”
Section 7: Section 5.36.090 of the Riversid e Municipal Code is hereby amended as follows:
“ Section 5.36.090 Exception.
Any mobile food merchant identi fied in an application for a sp ecial event submitted pursuant to Chapter 2.28 of this Code or any other City sponsored or approved event shall be exempt from the requirements of this chapte r pertaining to mobile food vending, provided that the vending vehicle is parked for the duration of th e special event to c onduct its business.
Any mobile food merchant who has not been granted a permit to op erate in a special event must remain 200 feet away from the boundary of the special event for the duration of the event.” Section 8: The City Counc il has reviewed the matter and, based upon the facts and information contained in the staff reports, admi nistrative record, and wr itten and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not re sult in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.
Section 4: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall b ecome effective on the 30th da y after the date of its adoption.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE.
RIVERSIDE, CA 92501
(951) 826-5567
ADOPTED by the City Council this _________ day of _____________, 2022.
________________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
__________________________________
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a mee ting of the City Council on the _______ day of _______________, 2022, and that thereafter the said ordinance was duly and regularly adopted at a mee ting of the City Council on the _________day of _____________, 2022, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2022.
______________________________________
City Clerk of the City of Riverside
CA 21-0409
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