ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ADDING CHAPTERS 5.06 (SIDEWALK VENDING), 5.36 (MOBILE FOOD VENDING), 8.58 (VACANT PROPERTY MAINTENANCE), 9.65 (MEDIAN ISLANDS), 9.66 (CATALYTIC CONVERTERS), AND 9.67 (SPEED CONTESTS); AMENDING CHAPTERS 5.14 (FILMING ACTIVITIES), 8.13 (ADMINISTRATIVE CITATION), 9.08 (CONDUCT IN PUBLIC PLACES), 9.18 (LOUD OR UNRULY PARTIES, GATHERINGS AND OTHER DISTURBANCES OF THE PEACE), 1.01 (CODE ADOPTION), 12.14 (CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY), 1.14 (MUNICIPAL ELECTION), 2.04 (ADMINISTRATIVE OFFICER), 2.08 (COUNCIL MEETINGS), 2.80 (PERSONNEL RULES FOR CLASSIFIED AND NON-CLASSIFIED EMPLOYEES), AND 9.56 (GRAFFITI PREVENTION, PROHIBITION AND REMOVAL) OF THE SIGNAL HILL MUNICIPAL CODE TO IMPROVE AND ENHANCE OPERATION OF THE CITY; AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Signal Hill, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, pursuant to its police powers, the City Council desires to regulate sidewalk vending, food truck vending, vacant properties, City-owned medians, possession of catalytic converters, camping and storage of personal property on public property, and speed contests within the City by adding new chapters to the Signal Hill Municipal Code (“Municipal Code”); and WHEREAS, this Ordinance adds Chapter 5.06 (Sidewalk Vending) to the Municipal Code to regulate sidewalk vending in a manner that addresses objective health, safety, and welfare concerns in accordance with state law; and WHEREAS, the proposed permit requirements for sidewalk vending are consistent with Senate Bill 946 as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act and the City’s general encroachment permit requirements for work and/or activities in the public right of way; and WHEREAS, the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and WHEREAS, standards in Chapter 5.06 (Sidewalk Vending) for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows, are necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; and WHEREAS, the City Council finds and determines that standards in Chapter 5.06 (Sidewalk Vending) for the installation, repair, maintenance, and removal of encroachments in the public way are necessary in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and WHEREAS, vending within five hundred (500) feet of schools impacts pedestrian and vendor safety due to overcrowding on sidewalks, which results in school children and their caretakers walking in the street and along the sidewalk to keep moving forward; and WHEREAS, vending in close proximity to building entrances and exits impede the ability for pedestrians to exit and enter buildings and may create overcrowding situations close to building entrances and exits. Therefore, vending close to building entrances and exits require reasonable regulation; and WHEREAS, vending in corner cut-off areas and traffic visibility areas. may impede the flow of traffic, and cause visual obstructions of streets, pedestrians and bicyclists, thereby increasing the likelihood of collisions. Therefore, prohibiting vending in such areas is a reasonable regulation to protect the public safety and welfare of the general public by reducing the likelihood of potential collisions caused by street vending; and WHEREAS, law enforcement and fire fighters and fire officials may also need to quickly exit and enter police and fire stations and substations to respond to emergency situations. As such, vending in close proximity to police and fire stations and substations require regulation to ensure that law enforcement and fire responders are not impeded; and WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures, including requiring background checks, to protect the health, safety, and welfare of the community; and WHEREAS, SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and WHEREAS, fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents; and WHEREAS, the permit requirements for sidewalk vendors are compliant with Senate Bill 972, which became effective January 1, 2023, which exempts certain kinds of sidewalk vendors from needing a county permit before selling prepackaged non potentially hazardous food and all other legal prerequisites to the adoption of this Ordinance have occurred; and WHEREAS, this Ordinance adds Chapter 5.36 (Mobile Food Vending) to the Municipal Code to regulate food truck vending based on time, place, and manner in accordance with state law; and WHEREAS, this Ordinance adds Chapter to the 8.58 (Vacant Property Maintenance) to the Municipal Code to set forth minimum maintenance requirements for vacant buildings to prevent urban decay within the City; and WHEREAS, this Ordinance adds Chapter 9.65 (Median Islands) to the Municipal Code to prohibit pedestrians from standing on City-owned median islands to enhance safety of both drivers and pedestrians and preserve the aesthetic value of the City's landscaped median islands; and WHEREAS, this Ordinance adds Chapter 9.66 (Catalytic Converters) to the Municipal Code to prohibit possession of a catalytic converter that is not attached to a vehicle unless the individual has valid documentation or other proof of lawful possession; and WHEREAS, this Ordinance adds Chapter 12.14 (Camping and Storage of Personal Property on Private Property) to the Municipal Code to protect the safety of indigent individuals and promote the health and safety of the public; and WHEREAS, this Ordinance adds Chapter 9.67 (Speed Contests) to the Municipal Code to prohibit vehicle speed contests and exhibitions within the City; and WHEREAS, pursuant to its police powers, the City Council desires to regulate commercial filming activities, administrative citation enforcement, conduct in public places, and loud or unruly parties and gatherings by amending current chapters in the Municipal Code; and WHEREAS, this Ordinance amends Chapter 5.14 (Filming Activities) of the Municipal Code further regulate and condition activities to address community concerns associated with commercial filming, including safety, traffic, and noise; and WHEREAS, this Ordinance amends Chapter 8.13 (Administrative Citation) of the Municipal Code to broaden the range of violations addressed through administrative citations and clarifies the requirements for citation issuance and appeals; and WHEREAS, this Ordinance amends Chapter 9.08 (Conduct in Public Places) of the Municipal Code to regulate conduct in public parks, including events and food vending; and WHEREAS, this Ordinance amends Chapter 9.18 (Loud or Unruly Parties, Gatherings and Other Disturbances of the Peace) of the Municipal Code to provide the City with enforcement and recovery tools in responding to such incidents; and WHEREAS, periodically the City identifies sections of the Signal Hill Municipal Code that are outdated, unclear, conflict with other Municipal Code regulations, or warrant modifications to improve or enhance the functions and operations of the City; and WHEREAS, under its police power, the City Council desires to amend its municipal code to clarify regulations addressing municipal elections and the maintenance of the City’s municipal code, to modernize terminology and promote inclusivity, and to clarify graffiti removal obligations; and WHEREAS, this Ordinance codifies modifications to Chapters 1.01 and 1.14 to further address municipal elections and the maintenance of the Municipal Code, modifications to Chapters 2.04, 2.08, and 2.80 to modernize terminology and promote inclusivity, and modifications to Chapter 9.56 to address graffiti removal; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Signal Hill does hereby ordain as follows:
The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein.
Chapter 5.14 (Filming Activities) of the Signal Hill Municipal Code is hereby amended by adding text in underline and removing text in strikethrough as follows:
Chapter 5.14 “FILMING ACTIVITIES”
5.14.010 Definitions.
“Charitable purposes” as used in this chapter means filming activities conducted by a nonprofit organization which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization, or by a student pursuant to an assigned school project. No person, directly or indirectly, shall receive a profit from the making, producing or showing of any films, tapes, or photos made for charitable purposes. “Equipment” as used in this chapter means any item related to the filming activities, including but not limited to mobile offices, generators, vehicles, dollies, storage facilities, and other items used in production. “Filming activities” as used in this chapter means and includes all activities associated with making or producing for commercial purposes motion pictures, television shows, programs, or commercials, or still photographs, by videotape, film, electronic transmission, or other similar medium. “News purposes” as used in this chapter means filming activities conducted by reporters, photographers, or cameramen in the employ of a newspaper, news service, television station, digital news outlet, or similar entity, for the purposes of preserving news events concerning those persons, scenes or occurrences which are in the news and are of general public interest. “Private purposes” as used in this chapter means filming activities conducted by individuals with personally owned equipment for their own private noncommercial use, including but not limited to student filming activities.
5.14.020 Permit - Required.
No person shall use any city street, alley, sidewalk, park, parkway or other public property, nor any privately owned residence, commercial or retail building or lot for the purposes of filming activities without first applying for and receiving a permit from the city.
This section of this chapter shall not apply to or be construed to affect filming activities conducted for charitable purposes, news purposes, or private purposes as defined in Section 5.14.010, filming activities conducted at or in an established motion picture, television or photography studio, or filming activities conducted for use in a criminal investigation or civil proceeding.
5.14.030 Permit application—Contents.
A. A written application for filming activities under this chapter must be completed and filed, on a form prescribed and supplied by the Parks, Recreation, and Library Services Department city, at least five twenty business days prior to the first day of the proposed filming activities.
B. Each such application must include the following:
1. Full legal name of the applicant.
2. Full business name of the applicant, if different.
3. Complete business address and phone number of the applicant.
4. Locations of proposed filming activities.
5. List of all public facilities which applicant desires to use in conjunction with the proposed filming activities.
6. Description of any services of city employees desired or requested at the location during the proposed filming activities, and an agreement that the city shall be reimbursed for such services.
7. Names, addresses and phone numbers of those with controlling interest in the locations of the proposed filming activities.
8. Dates and times of the proposed filming activities.
9. General description of the nature of the filming activities.
10. Numbers and types of vehicles and equipment to be used, and a parking plan for such vehicles and equipment, including off-location employee and equipment staging areas.
11. Number of personnel, cast, crew and support people involved.
12. Name and phone number of the person(s) who will be in charge of the location(s).
13. Declaration of intent to use any animals or pyrotechnics, and a general description of the intended use.
14. Agreement that the location(s) shall be cleaned and restored to original condition.
15. Other information that the city may require to process the application.
16. Property ownership list, with names, addresses and phone numbers, of private property to be used for filming activities, staging, storage and parking areas.
5.14.040 Permit application--Fees and deposits.
All applications for a city film permit shall be submitted with a nonrefundable application deposit fee to cover the actual cost of processing the permit application, including any permitted extension of the permit. The application fees shall be set from time to time by a resolution of the city council.
An additional deposit shall be required to pay the estimated costs incurred by the city for the use, if any, of its personnel, equipment and facilities. The amount of this deposit shall be determined by the city manager or his designee, with overpayment to be reimbursed and underpayment to be billed for payment to the applicant thirty days after the final day of the filming activities.
This Chapter shall not exempt applicant from obtaining any other permit or license as required by this Code.
Section 5.14.050 Permit application--Approval and revocation.
The application for filming activities shall be approved after the city manager or his or her designee determines that the application is complete, and that all of the following provisions of this section have been complied with:
That the proposed filming activities described in the application do not pose a threat to the public health and safety, and provide for the protection of property. In addition to the general permit conditions imposed by Section 5.14.070, the city manager or his designee may impose such specific conditions to approval as are necessary to eliminate or lessen the negative safety, traffic, noise, or other elements that impact the community.
That, at the time of the proposed filming, the proposed location has not been used for filming activities during the previous six three months.
That the applicant has procured public liability and property damage insurance as required by Section 5.14.100 of this chapter.
That the applicant has executed an agreement in a form approved by the city attorney, to indemnify, defend and hold harmless the city and its officers, employees, appointees, boards and committees from any and all claims and liability of any kind whatsoever resulting from or arising out of the proposed filming activities or issuance of the permit.
That the applicant has paid the appropriate fees and made all necessary deposits as required by Section 5.14.040 of this chapter.
Once issued, the city manager or his designee may suspend or revoke a permit without notice for failure to comply with fire or safety regulations, or for a violation of any of the conditions of approval, or for engaging in filming activities outside the scope of the permit. The city manager or his designee may suspend or revoke a permit without further notice based on complaints from city residents, if applicant fails to cure the basis of the complaint within twenty-four hours after being notified by the city.
5.14.060 Permit--Term and extension.
The term of the permit shall be for such period of time as is set forth in the application for the permit, subject to any conditions imposed for approval.
If the filming activities described in the application are not completed upon the expiration of the permit, the city manager may, upon good cause shown and upon advanced written request by the applicant, extend the term of the permit for a period of time necessary to complete the filming activities through an amendment to the permit. The request for the extension of the city film permit shall be submitted with a nonrefundable deposit to cover the actual cost of processing the extension request and any necessary additional deposit to pay the estimated costs incurred by the city for the use, if any, of its personnel, equipment and facilities in accordance with the provisions of Section 5.14.040.
5.14.070 Permit conditions--General.
Any applicant granted a permit pursuant to this chapter shall comply with all of the following conditions:
The permittee shall conduct filming activities in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. All filming activity locations shall be maintained in a safe and clean condition while in use and shall be returned to their original condition before leaving the location upon completion of the filming activities.
The permittee shall obtain and maintain the property owners’ written consent for filming activities conducted on property not owned by the city as part of the application submittal. An application will be considered incomplete if not obtained.
Vehicles and equipment involved in filming activities, including the personal vehicles of cast and crew, may be parked on private property or on the property of a retail or business establishment, only with the written consent of the property or business owner.
Applicants shall obtain prior police department approval and comply with the twenty-four-hour special events posting requirements for vehicles and equipment which must be parked on city streets in violation of local regulations. Application filing should be adjusted to accommodate the above.
Filming activities that will impact traffic flow shall require police review and assistance. City rules and regulations concerning street closure, rerouting, and temporary halting of traffic, as established in Title 10, shall be followed.
All rules and regulations established by the city’s fire protection service, currently the Long Beach fire department, shall be followed. Any use of pyrotechnics, explosives, lasers or helicopters will require additional insurance and a separate permit. To obtain these additional permits, contact the Long Beach fire department, fire prevention bureau, special events section.
Any other conditions of approval as determined by the city manager or his or her designee as necessary to eliminate or lessen the negative safety, traffic, noise, or other elements that impact the community as a result of the activities subject to the permit.
5.14.080 Rules and regulations--Authority to promulgate.
The city is authorized to and shall promulgate certain rules and regulations governing the form, time and location of any filming activities governed by this chapter as are necessary to protect the community and to facilitate legitimate filming needs.
Copies of the current rules and regulations shall be furnished to the applicant along with filming activity application forms.
5.14.090 Reimbursement for Costs.
Notwithstanding any other provisions of this chapter, the permittee shall reimburse the city for any and all costs incurred by the city which result from the issuance of the permit or the activities authorized therein. This shall Costs may include but is are not limited to costs for personnel and/or equipment from the city police, contracted fire service, or public works department, provided deemed necessary by the city to comply with the city’s rules and regulations, as well as for any damage to or modification of city property.
5.14.100 Insurance.
The applicant, at the applicant’s own expense, shall procure and maintain for the entire term of the permit a policy of general liability insurance approved as to form by the city attorney and to the satisfaction of the city’s administrative services officer. The insurance policy shall name the city as additional insured for third party liabilities for any action arising out of the filming activities. The policy amount shall be no less than one million dollars combined single limit. A copy of the policy shall accompany the application for a city filming permit.
Chapter 5.06 (Sidewalk Vending) of the Signal Hill Municipal Code is hereby added to read as follows:
Chapter 5.06 “SIDEWALK VENDING”
5.06.010 Purpose.
The City finds 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 Chapter 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.
5.06.020 Definitions.
For purposes of this Chapter, the following definitions apply:
“Certified Famers’ Market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. “City” means the City of Signal Hill.
C. “Park” means a public park owned or operated by the City.
D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
E. “Sidewalk” means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the City across the front of private property and intended for the use of pedestrians. For purposes of this Chapter, “sidewalk” shall also include a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel.
F. “Sidewalk vendor or vending” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
G. “Swap Meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
H. “Temporary Use Permit” means a City-issued permit to hold a temporary land use activity, as defined in Section 20.66.210, and includes the activities described in Section 20.40.040 (B)of this Code.
5.06.030 Permits Required.
A. All sidewalk vendors shall obtain a Sidewalk Vending Permit from the City Community Development Department prior to engaging in any sidewalk vending activities. The following information shall be required:
1. Name, current mailing address, and phone number of the vendor; and
2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and
3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as a stationary or roaming sidewalk vendor(s); and
4. The number of sidewalk vending operations the vendor intends to operate within the City; and
5. The days and hours of operation the sidewalk vendor intends to operate; and
6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and
7. If applicable, a description of the type of food proposed to be offered for sale or exchange; and
8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and
9. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and
10. A copy of:
The vendor’s social security card with the number; or
Valid California Driver’s license issued to the vendor; or Individual taxpayer identification number issued to the vendor; or A municipal identification number.
e. Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.
11. If preparing or selling food, a copy of the Los Angeles County Health Department permit issued to the vendor, including a certification of completion of a food handler course; except when the sidewalk vendor consists solely of twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked uncut produce will be sold. If potentially hazardous food or cooked cut produce will be sold or the food or the display area is greater than twenty-five (25) square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor; and
12. A list of all other cities or other jurisdictions in which the vendor has operated a vending operation in the past three (3) years; whether a permit was required to operate; and whether a permit for vending has been revoked in the past three (3) years; and
13. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of thirty-six inches (36”) of accessible route area when considering the vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and
14. A copy of an encroachment permit issued by the City; and.
15. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000.00; and
16. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and
17. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and
18. An agreement by the vendor to indemnify, defend (at the vendor’s sole cost and expense), and hold the City of Signal Hill, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and
19. An acknowledgement that use of public property is at the vendor’s own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations.
Prior to the issuance of a Sidewalk Vending Permit, the applicant shall cause to be filed with the Chief of Police or his or her designee a LiveScan background check conducted by the California Department of Justice within the previous six (6) months of the application date. The Chief of Police shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.
At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.
5.06.040 Review of Permit Application; Decision.
A. Upon acceptance of a properly completed and filed Sidewalk Vending Permit application and receipt of an acceptable LiveScan report issued by the Department of Justice, the Community Development Department shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The Community Development Department shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. The Community Development Director shall deny an application for a permit if he or she makes any of the following findings:
The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the application for a permit.
3. The applicant does not have a valid social security card or valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.
4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.
5. The applicant is required to register under the provisions of California Penal Code section 290.
6. Within three (3) years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three (3) years of the date of the application.
7. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
8. The applicant has had a sidewalk vending permit or similar permit revoked within the past three (3) years in the City or any other jurisdiction.
C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
D. If the Community Development Director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued Temporary Use Permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
Term of permit. A Sidewalk Vending Permit issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit. It shall be the permittee’s sole responsibility to renew the Sidewalk Vending Permit.
Transferability. A Sidewalk Vending Permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
Display of Permit. Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be worn constantly and conspicuously by the permittee on the front of his or her outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, constantly and conspicuously wear the permit on the front of his or her outer garments.
5.06.050 Generally Applicable Sidewalk Vending Standards.
Sidewalk vendors shall meet all of the following requirements:
A. The sidewalk vendor is duly licensed and meets all requirements of section 5.06.030; and B. The sidewalk vendor can set up their vending operation while still leaving a minimum of thirty-six inches (36”) of accessible path of travel, without obstruction from the vendor equipment and the customer queue, along the public sidewalk or public pathway; and C. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and D. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris within a 20-foot radius of the vendor that was generated by the vending activities; and E. There shall be no disposal of cooking material or waste, including but not limited to used oil, into the City’s trash receptacles, storm drains, plant material, or foliage, in or upon any street, sidewalk, path, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private lot of land in the City. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and F. The sidewalk vendor shall be located at least ten (10) feet from any entrances to private or public buildings, private or public driveways, parking spaces or building windows; and G. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp; and No vending shall occur within a corner cut-off area, as identified in subsection X below; and No tables, chairs, fences, shade structures, other site furniture intended for customer use, or any freestanding signs shall be permitted in conjunction with the vendors’ vending activities; and J. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vending shall not be chained, fastened, or affixed at any time to any building or structure, including but not limited to lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trashcans, street signs, trees, or other objects within the public-right of way. No pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for Sidewalk Vending shall become a permanent fixture on the vending site or be considered an improvement to real property; and Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and The sidewalk vendor shall not store, place, or keep any food or merchandise on public property; and The sidewalk vendor shall not display any signage on public property; and All signage and advertising related to the sidewalk vendor and/or the vending operations shall not be electrical, flashing, wind powered, or animated; and The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending vehicle; and Q. The sidewalk vendor shall not engage in aggressive sales, which shall include touching a person being offered food or merchandise without that person’s consent, continuing to offer food or merchandise for sale to a person after he or she has declined to purchase food or merchandise, or deliberately blocking or impeding the path of the person(s) being offered food or merchandise, or shall not vend to persons sitting in their parked vehicles while illegally parked; and R. The sidewalk vendor shall publicly display any and all required business and health licenses; and S. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and T. No vending shall occur within five hundred (500) feet of a Certified Farmers’ Market, a Swap Meet, an event held pursuant to an event permit; and U. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended to solicit business for the vending operation; and V. The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and W. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana; and X. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of 45 degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway; and Y. No vending shall occur within the designated “Traffic Visibility Area” which consists of the triangular area formed by measuring:
1. Twenty-five (25) feet in either direction from the intersection of the front and street-side lot lines or their prolongation; or
2. Ten (10) feet in either direction from intersecting driveways, or a street/alley intersecting a driveway.
Z. No vending shall occur within five hundred (500) feet of any public or private childcare center or academic school for elementary, junior high, or high school students; and AA. No vending shall occur within three (3) feet of any streetlights, edges of tree wells, parking meters, or above-ground utility structures; and BB. No vending shall occur within two (2) feet of any existing subsurface utility box, valve, or vault; and CC. No vending shall occur within two (2) feet of another vendor; and DD. No vending shall occur at bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to benches and bike racks; and EE. No vending shall occur in roadways, medians, pedestrian islands, or bikeways; and FF. No vending shall occur within twenty (20) feet of the entrance way to any building, store, theater, movie house, house of worship, or place of public assembly; and GG. No vending shall occur with two hundred (200) feet of City Hall, Police Station, and LA County Fire Station; and HH. No vending shall occur within one hundred (100) feet of a public picnic area, playground area, playground equipment, public community center, or athletic field or court.
5.06.060 Stationary Sidewalk Vending Locations and Standards.
A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City.
B. Stationary sidewalk vendors shall not vend within three hundred (300) feet, of any exclusively residentially zoned area.
C. Stationary sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any street for use by the general public.
D. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones, provided they meet the requirements of Section 5.06.050.
E. Stationary sidewalk vendors shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, stationary sidewalk vendors operating in non-residential zones of the City shall only operate between the hours of 7:00 AM and 9:00 PM every day.
5.06.070 Sidewalk Vending in Parks.
A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.
B. Subject to Section 5.06.060(A), sidewalk vendors may operate in City Parks provided they meet all of the requirements in Section 5.06.050.
C. Sidewalk vendors shall cease operations one (1) hour prior to the close of the park.
5.06.080 Roaming Sidewalk Vending.
A. Roaming sidewalk vendors shall meet all the requirements of Section 5.06.050.
B. Roaming sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 AM and 6:00 PM on weekdays, and between the hours of 9:00 AM and 5:00 PM on the weekend.
C. Roaming sidewalk vendors for non-residential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street. If no businesses operate on the same street, roaming sidewalk vendors in non-residential zones of the City shall only operate between the hours of 7:00 AM and 9:00 PM of every day.
5.06.090 Suspension; Rescission.
A. A Sidewalk Vending Permit issued under this Chapter may be suspended or rescinded by the Community Development Director after four or more violations of this Chapter in accordance with Section 5.06.110 of this Chapter, at their discretion, for any of the following causes:
Fraud or misrepresentation in the course of vending;
Fraud or misrepresentation in the application for the permit; Vending in a manner that creates a public nuisance or constitutes a danger to the public.
B. Notice of the suspension or rescission of a sidewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.
5.06.100 Appeals to City Manager.
In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the Community Development Director made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the City Manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the City Clerk a written appeal statement setting forth the grounds for the appeal, along with the City’s appeal fee, which shall be established by City Council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The City Clerk shall transmit the written statement to the City Manager within ten (10) days of its filing and payment of the appeal fee, and the City Manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the City Clerk. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five (5) days prior to the date set for the hearing. At the hearing, the permittee and the City shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The City Manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the City Manager. The City Manager may continue the hearing as deemed necessary. The decision of the City Manager, or his or her designee, on the appeal shall be final and binding on all parties concerned, unless timely judicial review is sought pursuant to Code of Civil Procedure Section 1094.6. In the event a timely action or proceeding is brought pursuant to Section 1094.6, the City Manager’s decision shall be stayed automatically pending a final decision on the merits by the trial court. As used in this section, final decision on the merits does not include rehearing or appellate procedures.
5.06.110 Penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:
An administrative fine not exceeding $100 for a first violation.
An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.
An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.
Rescinding the vending permit issued to the vendor for the remaining term of that permit upon the fourth violation or subsequent violations.
B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:
An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.
C. If an individual is subject to subsection (B), set forth above, for vending without a Sidewalk Vending Permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.
D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.
E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.
F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.
G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. 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. 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.
1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.
2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.
I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations Section 10.28.120 “Peddlers and Vendors” of the City’s Municipal Code is hereby rescinded.
Chapter 5.36 of the Signal Hill Municipal Code is hereby added to read as follows:
Chapter 5.36 “MOBILE FOOD VENDING”
5.36.010 Definitions
For purposes of this chapter, the following words shall have the meaning ascribed below:
“City” means City of Signal Hill.
“Food Truck” means a motorized vehicle or mobile food unit equipped and used for retail sales, Mobile Food Vending, or offering of prepared, prepackaged, or unprepared food operating at one or more locations within the City. This definition shall include trailers or wagons pulled by a vehicle and used as described herein. “Operator” means any person who owns, controls, manages, leases, drives, and/or operates a Food Truck or vehicle for the purpose of Mobile Food Vending. “Person” means any natural person, firm, partnership, association, corporation, stockholder, including but not limited to owners, operators, lessors, and lessees of vehicles used for Mobile Food Vending. “Mobile Food Vending” or “Vending” means offering food, beverage, merchandise, or related product of any kind for sale or distribution from a Food Truck on any street, alley, highway, public place, or private property. “Vendor” means any person who is engaged in Mobile Food Vending.
5.36.020 Business License Required
It shall be unlawful to engage in any operation of Mobile Food Vending within the City without first obtaining a current valid business license issued by the City pursuant to this Chapter and Title 5 of the Municipal Code. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid business license issued by the City.
5.36.030 County Permit Required
It shall be unlawful to engage in any operation of Mobile Food Vending within the City without first obtaining a valid permit from the County of Los Angeles. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid permit issued by the County.
5.36.040 Mobile Food Vendor Permit Required
It shall be unlawful to engage in any operation of Mobile Food Vending within the City without a valid Mobile Food Vendor Permit issued by the Community Development Director. All Operators shall have displayed in a conspicuous place on the Food Truck a current valid Mobile Food Vendor Permit issued by the City.
A Mobile Food Vendor Permit shall be required for each Food Truck that will engage in Mobile Food Vending within the City.
The term of a Mobile Food Vendor Permit, unless sooner suspended or revoked, shall be for a period of one year from the date of issuance.
Within 30 days of expiration of the Mobile Food Vendor Permit, the Operator may renew the permit for an additional one-year term by submitting a new application in conformance with this Chapter and Title 5 of the Municipal Code and paying all associated fees. Failure to timely renew is grounds for denial of renewal.
5.36.050 Mobile Food Vendor Permit Application Contents Prior to obtaining a business license, the applicant must first obtain a Mobile Food Vendor Permit from the Community Development Director. All applications shall include the following:
The name under which the business will be conducted;
The legal name and any other names used by the applicant; The present residence and business address, telephone numbers, and email address of the applicant; The nature of the type of business to be performed. This includes, but is not limited to, the type of vehicle(s), vending, and the general description of the type of food, beverage, merchandise, or related products to be sold; The number of vehicles owned, operated, leased, controlled, or contracted by the applicant to be used in the City; The makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle; A description of the logo, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicle(s); The legal names, addresses and telephone numbers of all persons employed or intended to be employed, or with whom the applicant has contracted, leased or intends to contract with as driver and Operator of the applicant’s vehicle(s), and in addition, a copy of their California driver’s license and any other identification required to operate the applicant’s vehicle(s); Identification of each jurisdiction in California the applicant currently operates and has previously operated a Food Truck for the last three years. If the applicant has ever had any similar license or permit revoked or suspended in the last three years, the applicant must disclose the circumstances of such suspension or revocation; Such other identification and/or information as the Community Development Director or their designee may require in order to discover the truth of the matters required to be set forth in the application; A certification that the application complies with all local, State and Federal laws regarding food product vending, including all applicable sales tax requirements and this Chapter; Copies of policies of commercial general liability and automobile liability insurance, in an amount determined by the Community Development Director, but in no event less than $1,000,000 per occurrence, naming the City and its officials, officers, employees, agents, and volunteers as an additional insured and a certification that applicant shall maintain such coverage for the term of the permit. Applicant is required to maintain such coverage for the term of the permit; and When any change in the business occurs regarding the written information required by this Section prior to or after issuance of a Permit, the applicant shall give written notification of such change to the Community Development Director within two weeks after such change.
5.36.060 Mobile Food Vendor Permit Issuance
Except as provided in this Chapter, the Community Development Director or their designee, after investigation of the application shall approve or conditionally approve the Mobile Food Vendor Permit if the application conforms with all of the following findings:
Granting the application will not be detrimental or injurious to property or improvements, the public peace, health, safety, morals or welfare of the City or the inhabitants; The application conforms in all respects to the provisions of this Chapter; All required fees have been paid in full; and,
All necessary licenses and permits have been obtained.
If such Mobile Food Vendor Permit is granted, the Community Development Director or designee may impose such terms, conditions, and restrictions upon the operation and conduct of such business, not in conflict with any law, as it may deem necessary or expedient to protect the public peace, safety, morals, or welfare of the City and its inhabitants.
5.36.070 Mobile Food Vendor Permit Denial
If the Community Development Director or their designee finds that any of the requirements set forth in Section 5.36.060 have not been met, they shall deny the application for a Mobile Food Vendor Permit.
In the event the application is denied, written notice of such denial shall be given to the applicant specifying the basis for such denial.
Notice of denial shall be deemed to have been served if it is personally served to the applicant or when deposited in the United States mail with prepaid postage and addressed to the applicant at their address as set forth in the application.
Any person aggrieved by a decision of the Community Development Director to deny issuance of the Mobile Food Vendor Permit may appeal to a hearing officer pursuant to Section 5.36.100.
5.36.080 Mobile Food Vendor Permit Suspension and Revocation Any Mobile Food Vendor Permit may be suspended or revoked by the Community Development Director for any of the following reasons:
Falsehood of any information supplied by the Operator upon which issuance of the Mobile Food Vendor Permit was based; Failure of the Operator to notify the Community Development Director within two weeks of any change occurring subsequent to the issuance of the Mobile Food Vendor Permit in the information supplied by the Operator upon which issuance of the Mobile Food Vendor Permit was based; Failure of the Operator, or of any employees, subcontractors, or independent contractors of the Operator, to comply with the regulations set forth in this Chapter; or Violation by the Operator, or any employee, subcontractor, or independent contractor of the Operator of any Federal or State law or the Municipal Code while in the course of conducting Mobile Food Vending operations pursuant to the Mobile Food Vendor Permit.
No such suspension or revocation shall become effective until the Operator has been notified in writing of the right to appeal the suspension or revocation. Notification of the Operator shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the Operator’s residence address as set forth on the application for a Mobile Food Vendor Permit. If an appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of a hearing officer pursuant to Section 5.36.100. If an appeal is not filed, the suspension or revocation shall become effective after the timely appeal period has expired.
Any Operator aggrieved by a decision of the Community Development Director to suspend or revoke the Mobile Food Vendor Permit may appeal to a hearing officer pursuant to Section 5.36.100.
No Operator whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
5.36.090 Location and Siting Requirements
Generally. All Food Trucks shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and so as to maintain a clear line of sight for vehicles, bicycles and pedestrians in the public right-of-way. No Food Trucks shall be located so as to obstruct access to or circulation through any parking lot, or to obstruct access to any public sidewalk or alley.
Private Property.
A Food Truck shall be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.
A Food Truck shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.
For a property that is nonconforming with respect to parking, a Food Truck shall not reduce the total existing amount of parking on the lot.
Public Right of Way. Mobile Food Vending in the public right-of-way is permitted only as set forth in this Section.
For purposes of this Section, distance shall be measured in a straight line from the location where the Food Truck is parked.
A Food Truck in operation shall be located as follows:
A minimum two-hundred and fifty (250) feet from any house of worship, school (during its hours of operation), day care facility, public park, hospital, library, or governmental office or facility.
A minimum fifty (50) feet from any other vehicle of a similar business which is engaged in the operation of Mobile Food Vending.
A minimum ten (10) feet from any driveway, or public or private building entrance, or in any space not designed for vehicular parking.
A minimum of twenty-five (25) feet from any bus stop.
A minimum of twenty-five (25) feet from any street intersection controlled by a traffic light, crosswalk, or stop sign.
5.36.100 Appeal
Upon any permit required by this Chapter being denied, or suspended or revoked, as specified in this Chapter, the applicant or Operator may, appeal the decision to a hearing officer by completing an appeal form, stating the basis of the appeal, and returning it to the City Clerk’s office within seven days of the decision.
The City Manager or his or her designee shall serve as the hearing officer for any appeal.
City staff shall submit a written report concerning the decision to the hearing officer, with a copy to the applicant or Operator requesting the hearing, within ten business days of the City’s receipt of the request for appeal. The hearing officer may request additional written or oral information from City staff or the applicant or Operator prior to issuing a written decision.
The hearing officer shall render a written decision within thirty business days of the City’s receipt of the request for appeal. The hearing officer may extend this thirty-day period, in writing, in order to gather and consider additional evidence.
The hearing officer may affirm the denial, suspension, or revocation or order the issuance or reinstatement of any permit required by this Chapter.
5.36.110 - Operational Requirements
It shall be unlawful to engage in Mobile Food Vending on any public street, alley, or highway unless all of the following are met:
Operators shall comply with all applicable provisions of this Chapter.
Operators shall comply with all applicable local, State, and Federal laws.
It is unlawful to engage, or attempt to engage, in Mobile Food Vending until the Food Truck has come to a complete stop and is lawfully parked.
Operators shall comply with all local parking and Vehicle Code provisions which apply to the location at which the Food Truck is parked.
The part of the Food Truck from which the products are vended must be open to prospective customers on the side facing toward the adjacent sidewalk only.
It is unlawful to vend to persons within a vehicle or standing in any portion of the right of way open to motor vehicles.
Use of sound-amplifying equipment is prohibited.
Operators shall be subject to the noise provisions of Title 9, Chapter 9.16 of this Municipal Code.
Food Trucks may operate Monday through Sunday between the hours of 8:00 a.m. and 9:00 p.m.
Food Trucks are strictly prohibited from obstructing emergency vehicle route, fire call boxes, fire lanes, fire hydrants, or any other fire safety equipment and facilities.
Operators shall maintain vehicular and pedestrian circulation and access consistent with the Americans with Disabilities Act and all local and state regulations.
The Operator shall provide a trash receptacle for public use. The trash receptacle must be placed on the exterior of and within ten (10) feet of the Food Truck. The Operator shall keep all areas within 25 feet of the Food Truck clean and free from litter, garbage, and debris. The Operator shall ensure that all trash and waste collected from its operations is lawfully and properly disposed.
Exterior storage of refuse, equipment, or materials associated with the Food Truck is prohibited.
No tables, chairs, furniture, or other seating provisions for customers shall be allowed.
It shall be unlawful to discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the Operator.
Signs used in conjunction with a Food Truck shall be affixed to or painted on the vehicle and shall comply with all sign regulations in the Municipal Code.
The serving or consumption of alcohol shall be prohibited.
It shall be unlawful for a Food Truck to remain parked and conducting business in one location longer than one hour, unless the Food Truck is situated within two-hundred (200) feet travel distance of a legally approved and permitted toilet and handwashing facility, to ensure that restroom facilities are available to the Operator and its employees and contractors. Operator must have permission of the property owner to use the toilet and handwashing facility. A Food Truck may not stand or park in one spot in the public right-of-way for more than two (2) hours.
The Operator shall maintain insurance as required by this Chapter.
5.36.120 – Enforcement
Violation of any provision of this Chapter is subject to enforcement pursuant to the provision of Chapter 1.16 of this Municipal Code.
Section 20.66.250 “Food truck events” of the City’s Municipal Code is hereby repealed.
Section 20.04.301 “Food truck event” of the City’s Municipal Code is hereby repealed.
Chapter 8.13 (Administrative Citations) of the Signal Hill Municipal Code is hereby amended by adding text in underline and removing text in strikethrough as follows:
Chapter 8.13 “ADMINISTRATIVE CITATIONS”
8.13.010 Purpose.
Under the provisions of state law and this code, violations of certain sections of the code may be prosecuted criminally, enjoined by civil action, or abated by the city. The purpose of this chapter is to provide for an additional remedy to be referred to as administrative citation, as authorized by Government Code section 53069.4. Administrative citations may be issued to persons who violate the provisions of this code as specified in Section 8.13.020(B), in addition to any of the other remedies provided by law.
8.13.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
“Enforcement officer” means the director of community development, or his or her designee.
Offender” means any person, as defined in Section 1.04.010, who has committed a violation of this code. Person” means any natural person or legal entity. “Responsible party” means:
1. A person who causes a code violation to occur;
2. A person who maintains or allows a code violation to continue, by his or her action or failure to act;
3. A person who is the owner or a lessee or sub-lessee, with the current right of possession, of real property where a property-related code violation occurs or exists.
8.13.030 Administrative citations.
A. Citation Power. The director of community development, or his or her designee, may issue an administrative citation as provided by this chapter.
B. Violations Subject to Citation. Any violation of the Signal Hill Municipal Code, condition of approval of a permit, license, or entitlement, condition of environmental review, or city agreement, may be is subject to the administrative citation process.
C. Correction Notice. If the violation is of a continuing nature, pertains to building, plumbing, electrical, or other similar structural or zoning issues, and is deemed by the enforcement officer not to create an immediate danger to health and safety Upon discovery of a violation, then the enforcement officer shall must issue a written correction notice to the offender responsible party by personal service or by registered or certified mail to the offender's last known address before a fine may be imposed. Such notice shall must refer to the code section(s) violated and facts supporting the issuance of the citation correction notice. The correction notice shall must also describe the action(s) necessary to correct the violation, and state the final date by which the correction must be completed, which must be a reasonable period of time in the discretion of the enforcement officer, and inform the responsible party offender that he or she is subject to citation if the correction is not made by that date. A correction notice is not appealable.
D. Correction Period Fine Amount. Unless otherwise specified, an offender shall have at least fifteen calendar days to correct or otherwise remedy a violation prior to the issuance of an administrative citation and the imposition of the corresponding fine. A longer correction period may be granted if the enforcement officer determines that additional time is reasonably necessary to remedy the violation. Any responsible party who receives an administrative citation is subject to the payment of fines as set forth in this section. Administrative fines for administrative citation may be set by the City Council by resolution in a schedule of fines, which may be amended from time to time, or in an applicable ordinance. If the fine is not otherwise set by resolution or ordinance, fines for administrative citations are as follows:
1. A fine not exceeding $100 for a first violation;
2. A fine not exceeding $200 for a second violation of the same provision of this code within one year;
3. A fine not exceeding $500 for each additional violation of the same provision of this code within one year.
E. Expedited Correction Date Citation Contents. An offender may be given less than fifteen calendar days to correct or otherwise remedy a violation prior to the issuance of an administrative citation should the violation be of a transitory nature, or a condition which poses an immediate risk to the health, safety or welfare of the community. An expedited correction date shall set a correction date as short as "immediate," to as many as fourteen days Each administrative citation must contain the following information.:
1. Name of responsible party;
2. Date and location where the violation(s) was observed;
3. The code section(s) or condition(s) violated and a description of the violation(s);
4. The amount of the fine for the violation(s)
5. An explanation of how the fine must be paid, and the time period within which it must be paid;
6. Identification of rights of appeal and appeal process, including the time within which the administrative citation may be contested;
7. The name of the enforcement officer issuing the administrative citation; and
8. An order to correct the violation, the actions needed to correct the violation, the timeframe within which to correct the violation, and an explanation of the consequences for failing to correct the violation.
F. Citation Issuance--Immediate Risk to the Health Safety or Welfare of Community. An enforcement officer may, upon discovering that a person has committed a violation of the municipal code that poses an immediate risk to the health, safety or welfare of the community, issue an administrative citation to the offender.
G. Citation Issuance--All Other Cases. In a case where a person has committed a violation of the municipal code that does not pose an immediate risk to the health, safety or welfare of the community, no administrative citation shall be issued to an offender unless he or she has been previously issued a correction notice.
F. Delivery of Citations. The An administrative citation shall must be issued by personal service on the responsible party offender or by registered or certified first-class United States mail to the offender's responsible party’s last known address. Service is effective on the date the notice is personally delivered or mailed. The offender's failure of a responsible party to receive or refusal to accept the a properly-served administrative citation shall does not affect the validity of the administrative citation or any proceeding undertaken to this chapter.
G. Offender's Obligations --Pay Fine/Request Hearing Satisfaction of Citation. Within fifteen calendar days from the date the administrative citation is issued, the responsible party must do one of the following an offender shall either:
1. Pay the administrative fine designated on the administrative citation; or
2. Pay the administrative fine designated on the administrative citation and make a written request to the city clerk for an administrative hearing in accordance with Section 8.13.050.
The citation shall be deemed to have been issued on the date noted on the citation, if personally served, or on the date mailed, if served by registered or certified mail. The administrative citation shall include a warning that failure to pay the fine, or failure to pay the fine and request an administrative hearing and appear at the same may result in the city taking all legal steps necessary to obtain payment of the fine, and the offender being charged all costs of such collection.
H. Obligation to Correct Violation. Payment of a fine does not excuse or discharge a failure to correct continuing violations, nor does it bar further enforcement action by the city Nothing in this chapter shall be interpreted to mean that payment of the administrative fine by an offender discharges or excuses the offender's obligation to correct the municipal code violation. Failure to correct the municipal code violation may result in the issuance of additional administrative fine citations, the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.
8.13.040 Failure to pay fine.
A. Delinquency of Administrative Fine. Payment of an administrative fine is delinquent thirty days after the fine becomes due and payable. A delinquent administrative fine shall will be treated as an account receivable by the city and shall will be subject to the city's established policy for delinquent accounts payable. Furthermore, the offender shall citee will also be required to pay to the city its actual cost of collection. Any fine imposed pursuant to Section 8.13.030(I) of this code shall be deemed delinquent if it is not paid in accordance with the terms and conditions of Section 8.13.030(I).
B. Delinquency Penalty. Any person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of Section 8.13.030(I) of this code this chapter, on or before the date that fine amount is due, shall be is liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to ten percent of the amount due the city, or ten percent of the amount of the fine remaining unpaid to the city if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent accounts, exclusive of delinquent penalties at the rate of one-half of one percent per month, pro rata, of the total delinquent fine amount, from the date the fine becomes delinquent until the date that all delinquent fine amounts are paid to the city.
8.13.050 Appeal hearings.
A. Request for Hearing. Any responsible party offender desiring to challenge the issuance of an administrative citation shall, within fifteen calendar days from the date the administrative citation is issued, make a written request for a hearing with the city clerk setting forth the basis of the challenge. The responsible party offender shall cause to be deposited with the city's finance department the entire administrative fine plus two hundred fifty dollars as an offset to one-half the fee associated with payment of an administrative hearing officer. Subject to subsection (CE), both parties shall equally share the cost for the hearing officer.
B. Selection of Hearing Officer. The City Manager shall designate or appoint, in accordance with applicable law, a Hearing Officer. The employment, performance evaluation, compensation, and benefits of the Hearing Officer, if any, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the Hearing Officer. The hearing officer shall be chosen by the offender from a list made available by the city clerk. The list of hearing officers shall contain no fewer than three names and shall not include any person employed by the city.
Hearing Procedure. Administrative hearings are informal and rules of evidence and discovery do not apply. The City bears the burden of proof to establish a violation and responsibility thereof by a preponderance of evidence. The citation is prima facie evidence of the violation, however, the enforcement officer who issued the citation is not required to attend or participate at the hearing. The responsible party and enforcement officer, if present, shall have an opportunity to testify, present witnesses and evidence and to cross-examine witnesses presented by the city in support of the administrative citation. The Hearing Officer may question any person who presents evidence or who testifies at the hearing. The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the responsible party has caused or maintained the violation(s).
D. Hearing Decision. After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer shall issue an administrative order at the conclusion of the hearing or within fifteen (15) days to uphold or overturn the citation and shall state the reasons thereof. The responsible party shall be served by first class mail with a copy of the administrative order. The date the decision is deposited with the U.S. Postal Service shall constitute the date of its service. The failure of a responsible party to receive a properly addressed decision shall not invalidate the citation or any hearing, city action or proceeding conducted pursuant to this chapter.
E. Decision in Favor of the Responsible Party Offender. If the administrative hearing officer concludes the responsible party offender did not, in fact, violate any provision of the Signal Hill Municipal Code and dismisses the citation, then the city shall reimburse the responsible party offender the entire administrative fine amount and two hundred fifty-dollar fee paid pursuant to subsection (A). Dismissal of an administrative citation shall not preclude the city from the commencement of a criminal prosecution, or the imposition of any other legal remedy available to the city.
Waiver of Right to Hearing. The responsible party’s offender's failure to appear at a scheduled hearing shall constitute a waiver of the right to a hearing as well as a waiver of a right to judicial review of the imposition of the administrative fine. An offender's failure to appear at the hearing shall be presumed to be an admission of guilt to the municipal code violation charges as indicated on the administrative citation.
8.13.060 Judicial review.
If an administrative citation is rendered in favor of the city, the order shall be final. The responsible party offender may seek judicial review of the administrative order by filing a petition for a writ of mandate pursuant to Code of Civil Procedure, § 1094.5, within ninety calendar days after service of the administrative order an appeal with the Superior Court pursuant to California Government Code § 53069.4(b) within twenty (20) days after date of service of the administrative order. A copy of the court-filed notice of appeal shall be served in person or by first-class mail upon the city.
Chapter 12.14 of the Signal Hill Municipal Code is hereby added to read as follows:
Chapter 12.14 “CAMPING AND STORAGE OF PERSONAL PROPERTY ON PUBLIC PROPERTY”
12.14.010 Purpose.
Public property within the City should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended, and is deleterious to the public peace, health, safety, and welfare, in that it obstructs intended uses for the public at large, contributes to blight and can cause damage to public property. The purpose of this Chapter is to maintain public property within the City as accessible to the public at large, to keep such areas in a clean and accessible condition, and to maintain the public peace, health, safety, and welfare.
12.14.020 Definitions.
Unless the particular provisions or the context otherwise requires, the definitions contained in this Section shall govern the construction, meaning, and application of words and phrases used in this Chapter. Any terms not defined in this Section shall be the same as defined in Section 1.04.010 of this Code. To the extent conflicts exist between definitions herein and elsewhere in this Code, the definitions in this Section shall control for purposes of this chapter. “Camp” means to pitch or occupy camp facilities and/or to use “camp paraphernalia.” “Camp facility” includes, but is not limited to, tents, huts, or other temporary shelters, as well as cots, beds, sleeping bags, hammocks, or bedrolls. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking facilities and similar equipment. “Public property” means any publicly owned property in the City, improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City. “Sidewalk” means the same as defined in Section 1.04.010 of this Code. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. “Street” means the same as defined in Section 1.04.010 of this Code.
12.14.030 Camping on public property.
It is unlawful for any person to camp, occupy camp facilities, or use camp paraphernalia on any public property within the City, except as otherwise provided herein or mandated by applicable law.
12.14.040 Storage of personal property on public property.
It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia on any public property within the City, except as otherwise provided herein or mandated by applicable law.
12.14.050 Exceptions.
This Chapter shall not apply to any person camping, occupying camp facilities, or using camp paraphernalia, or to any person storing personal property, including camp facilities and camp paraphernalia, on any public property designated by the City for such purposes. The City Council may, by resolution or ordinance, establish one (1) or more specified areas of public property for such purposes.
The provisions of this Chapter will not be enforced, except as stated below, against indigent homeless persons storing personal property, including camp facilities and camp paraphernalia, or sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031:
1. In exigent circumstances relating to immediate threats to the public health, safety, or welfare.
2. On the following public property and related areas, including without limitation, the entirety of the real property or lot on which each of the following is located:
Signal Hill City Hall
Signal Hill Public Library
Signal Hill Discovery Well Park Community Center
Signal Hill Park Community Center
Within 150 feet of an elementary school, middle school, preschool, or childcare center, and within 100 feet of a high school.
Within 2 feet of any fire hydrant, fire plug, or other fire department connection.
Within 10 feet of any operational or utilizable driveway or loading dock.
Within 5 feet of any operational or utilizable building entrance or exit.
Section 10.30.020 is hereby amended by adding text in underline and removing text in strikethrough as follows:
Section 10.30.020 Parking of Oversized Vehicles, Trailers and Campers.
Only oversized vehicles or trailers for which an oversized parking permit has been issued in accordance with this chapter may park upon a public street or highway in the city. The following prohibitions shall apply:
No person shall park or leave standing any oversized vehicle upon any public street or highway in the city, except by permit in accordance with this chapter.
B. No person shall park or leave standing any attached trailer, regardless of length or width, upon any public street or highway in the city, except by permit in accordance with this chapter or as required by Chapter 12.14. (Note: any unattached trailer parked upon a public street or highway in the city is prohibited under Section 10.28.230.) C. No person shall park or leave standing any unmounted camper, regardless of length or width, upon any street or highway in the city, except as required by Chapter 12.14. There shall be no exceptions.
D. Upon adoption of this ordinance and until a different charge is established, there shall be a charge of sixty dollars for violation of Section 10.30.020.
Chapter 8.58 of the Signal Hill Municipal Code is hereby added to read as follows:
Chapter 8.58 “VACANT PROPERTIES AND BOARDING REGULATIONS”
8.58.010 Purpose.
The purpose of this Chapter is to ensure all vacant and boarded buildings comply with minimum property maintenance requirements, to encourage proactive and preventive maintenance of properties, to ensure maintenance issues are quickly and efficiently remedied, and to promote the health, safety, and welfare of the people of the City of Signal Hill.
8.58.020 Severability.
If any provision of this Ordinance and Chapter is found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, that invalidity will not affect the remaining provisions of this Ordinance and Chapter, which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance and Chapter are declared to be severable.
8.58.030 Definitions.
For purposes of this Chapter, the following definitions apply:
“Active Construction” means that (i) construction activity is taking place at a property without any pause, interruption, or suspension greater in duration than 45 days; and (ii) the Owner, owner of record, or a duly authorized agent, servant, assign, employee, or contractor acting or providing services on behalf thereof, is on-site at a property that is under construction, actively engaged in construction, maintenance, demolition, or related administrative activity, without any pause, interruption, or suspension greater in duration than 15 days. “Blight” or “Blighted property” means any one or more of the following conditions or activities:
Abandoned Building or Structure.
A building or structure which is not being inhabited, occupied, or used by the Owner or with the consent of the Owner, and which is unsecured. For purposes of this Chapter, a building or structure is unsecured when the public can gain entry without the consent of the Owner.
A partially constructed, reconstructed, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit, or when there has not been any substantial work on the project for a period of six (6) months or more.
Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children, a harbor for vagrants, criminals, or other unauthorized persons, or so as to enable persons to use the property for the purpose of committing a nuisance or unlawful act.
A building or structure which is in a state of disrepair:
Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protections, resulting in termite infestation and/or dry rot.
Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right-of-way or visually impacts neighboring public or private property or presents an endangerment to public safety.
Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which have been repainted in such a manner that the appearance may be further deteriorated or substantially defaced.
Property Inadequately Maintained.
Overgrown, diseased, dead, or decayed trees, weeds, or vegetation that: (1) are likely to harbor rats, pigeons, vermin, and other nuisances; or (2) substantially detract from the aesthetic and property values of neighboring properties; or (3) constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare; or (4) are likely to attract use as shelter by transients.
Solid waste, which includes “garbage,” “refuse,” and “rubbish,” and all “solid waste” as may be defined in this Code, constitutes blight and blighted property in the following situations: (1) the accumulation of solid waste is visible from a street or public right-of-way, is not enclosed in a City-approved container, and is present for more than 72 consecutive hours; or (2) the accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind or otherwise onto or upon any public street, public right-of-way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code.
Any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, drained with no cover to prevent the existence of a hazard, or not otherwise maintained, resulting in polluted water. “Polluted water” is defined for the purpose of this Chapter as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition. “Building” means any structure, including, but not limited to, any residential, commercial, industrial, or assembly structure, approved for occupancy on either a lot of record or within a single project approved by the City pursuant to the City’s Zoning Code. “Commercial Properties” means all properties in the City that are not developed for solely single family residential uses. The term “commercial properties” includes apartment buildings that include five or more rental units. “Development Related Agreement” means an agreement between the City and at least one other person or entity whereby an Owner secures the authorization and approval of the City, whether through a duly authorized written contract, or via a land use permit or entitlement approval, to pursue a development or redevelopment project at a property where one or more abandoned buildings or structures, and/or Vacant Property is located. “Enforcement Official” means the City Manager or his or her respective designees. “Evidence of Vacancy” means any evidence that, in the totality of the circumstances, would lead a reasonable Enforcement Official to believe that an improved property is vacant or occupied by a person without a legal right of occupancy. Such real property conditions include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, and government employees that the property is unoccupied. “Local” means within 40 driving miles of the building, structure, or real property in question. “Out of Area” means in excess of 40 road or driving miles of the building, structure, or real property in question. “Owner” means any person having legal or equitable title or any interest in real property, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor’s Office. An Owner includes a person with power of attorney, an executor of estate, trustee, or who is a court appointed administrator, conservator, guardian, or receiver. “Person” means any natural person, partnership of any kind, corporation, limited liability company, association, joint venture, or other organization, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. “Unoccupied” means not legally occupied. Factors that may be used, either alone or in combination, to determine whether a property is unoccupied include, but are not limited to: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers, or mail; past due utility notices; disconnected utilities; accumulation of trash, junk, or other debris; the absence of window coverings such as curtains, blinds, or shutters; the absence of furnishings or personal items consistent with residential or commercial furnishings consistent with the permitted uses within the zone of the real property; statements by neighbors, passersby, delivery agents, and government employees that the property is unoccupied. “Vacant Property” means any real property in the City of Signal Hill that is (1) unoccupied and unsecured; (2) unoccupied and secured by boarding or other similar means; (3) unoccupied and has multiple code violations; (4) has been unoccupied for more than 30 days; (5) unoccupied and subject to a current notice of default, notice of trustee’s sale, or pending tax assessors lien sale; or (6) unoccupied and conveyed by a foreclosure sale resulting in the acquisition of title by an interested beneficiary of a deed of trust or conveyed via a deed in lieu of foreclosure.
8.58.040 Scope.
Applicability. The provisions of this Chapter shall apply generally to all improved real property throughout the City of Signal Hill where any of the conditions specified in this Chapter are found to exist.
Regulations Cumulative. The regulations provided by this Chapter are cumulative to each other and to any other available under City, State, or federal law.
Authority to Enforce Chapter. The Enforcement Official is authorized to administer and enforce this Chapter. The Enforcement Official may adopt supplemental regulations or policies to implement and interpret this Chapter. These regulations or policies must conform with the purpose of this Chapter.
Development Agreement Exemption. In the event that the City enters a development related agreement with the Owner or developer of a property incorporating the partial or total demolition, repair, reconstruction, or preservation of a Vacant Property or structure the Vacant Property or structure in question is exempt from application of this Chapter, provided that the property is maintained in strict accordance with the terms and conditions of the development related agreement. In the event that the City Manager, or his or her designee, determines in the City Manager’s sole discretion the Owner or developer of a property is in default with respect to any term or condition of a development related agreement through which any building or structure is exempt from application of this Chapter, the City may issue written notice to that Owner that if the default in question is not cured in its entirety within 30 days of the issuance, that the exemption provided by this Section shall be revoked, and that this Chapter shall immediately become fully applicable to the building or structure in question.
8.58.050 Notice.
1. Except as otherwise provided, any notice required to be served under this Chapter must be completed by either:
Personal service; or
b. Service by United States mail addressed to the person to be notified at the address as listed in the last equalized assessment roll. Service by mail is complete at the time of deposit in the mail. Failure of any person to receive a properly-addressed notice by mail shall not invalidate any action, decision, determination, or proceeding under this Chapter.
2. Whenever an Enforcement Official has cause to believe, based upon an inspection, complaint, or report, that a property is a Vacant Property and has not been maintained, managed, or monitored as required by this Chapter, and is not otherwise exempt from the requirements of this Chapter, then the Enforcement Official may cause a written notice to be served on the owner of record, as shown on the assessor’s records, requiring the Owner to bring the property into compliance with this Chapter by a date certain. No administrative citations or penalties for violations of this Chapter shall be assessed until after such date.
8.58.060 Maintenance Requirements for Vacant Properties.
Maintenance Required. It is unlawful for any Owner to cause or permit any Vacant Property to be or remain in violation of the provisions of this Chapter. All Vacant Properties, whether residential or commercial, must be maintained in compliance with the Signal Hill Municipal Code.
Additional Requirements for Commercial Properties. Any vacant commercial building must be maintained in accordance with the following requirements:
All doors, windows, and other openings are secure or boarded in accordance with this Chapter.
Any temporary site perimeter fencing is placed in connection with a building permit.
The property must be continuously monitored, as follows:
Buildings with fire sprinkler systems must be maintained in working order.
Buildings with a centralized and registered fire and burglar alarm system must be maintained in working order, and monthly reports showing continued and active service shall be submitted to the Enforcement Official.
Buildings without fire sprinkler systems or fire alarm or burglar alarm systems shall be provided with continuous physical monitoring by means of an onsite patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of Signal Hill and providing regular surveillance of the Vacant Property as part of the agency’s security route.
Requirements for Buildings Vacant More than 90 Days. No person may allow a building designed for human use or occupancy to stand vacant for more than 90 days, unless the person establishes by substantial evidence to the reasonable satisfaction of the Enforcement Official that at least one of the following applies.
Active Construction. The building is the subject of Active Construction for repair or rehabilitation in order to make the building habitable, and the Owner is progressing diligently to complete such repair or rehabilitation within one year of the issuance of the building permit related to such repair or rehabilitation.
Active Marketing. The building or property contains no Signal Hill Municipal Code violations, is ready for occupancy, and is actively being offered for lease, sale, or rent.
Active Maintenance. The person is actively maintaining and monitoring the building, which includes:
Maintenance of landscaping and plant materials in good condition.
Maintenance of the exterior of the building including, but not limited to, paint, finishes, windows, doors, and signage in good condition and in compliance with this Chapter.
Any sign which advertises a use or business not being made on the premises, the name of the Owner or user, or which identifies a product, an interest, service, or entertainment not available on the premises is prohibited.
Regular removal of all exterior trash, debris, and graffiti.
Prevention of criminal activity on the premises including, but not limited to, use and sale of controlled substances, prostitution, and criminal street gang activity.
Securing the property in a manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, closing and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening that may allow access to the interior of the property or structure(s), or the erection of temporary construction fencing approved by the Enforcement Official for not more than 180 days. In the case of broken windows, securing includes the replacement of the broken window.
Maintaining sufficient utility services to provide power for any alarm or security system and to properly irrigate all landscaping on the property.
The building or the lot on which the building is located, and the landscaping on such lot, does not contribute to and is not likely to contribute to blight because the Owner is actively maintaining and monitoring the building and the lot so that it does not contribute to blight.
Insurance. The Owner shall maintain fire and liability insurance coverage as determined necessary by the City’s Risk Manager. Any insurance policy shall require advance, written notice to the Risk Manager in the event of cancellation of insurance or a reduction in coverage.
8.58.070 Local Property Management Requirement.
Any Owner located more than 40 miles by road from a Vacant Property must retain a local property management company with a business license in the City, which must be contracted to perform weekly inspections to ensure compliance with the Signal Hill Municipal Code.
The property must be posted with the name and contact phone number of the local property management company. The posting must be no less than 18″ X 24″, must be of a font that is legible from a distance of 45 feet, and must contain the following: “THIS PROPERTY MANAGED BY (LOCAL PROPERTY MANAGEMENT COMPANY),” and “TO REPORT PROBLEMS OR CONCERNS CALL (PHONE NUMBER).” The posting must be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building facing the street of the front of the property so it is visible from the street. If no such area exists, the posting must be on a stake of sufficient size to support the posting, in a location that is visible from the street to the front of the property, and to the extent possible, not readily accessible to potential vandalism. Exterior posting must be constructed of, and printed with, weather-resistant materials.
The local property management company must inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this Chapter and must perform all monitoring duties prescribed in this Chapter. If the property management company determines the property is not in compliance with this Chapter or any provision of the Signal Hill Municipal Code, it is the company’s duty to notify the Owner and bring the property into compliance.
8.58.080 Monitoring Program for Commercial Properties.
Monitoring Program Established. A program monitoring commercial properties is hereby established. The Enforcement Official is responsible for administering the monitoring program to enforce this Chapter.
Monitoring Program Duties. The Enforcement Official has the duty and responsibility to do the following pursuant to the monitoring program:
Inspect properties in the City to identify commercial buildings that are vacant.
Order vacant commercial buildings to comply with this Chapter and any other applicable codes.
Order vacant commercial buildings that are open and accessible to be secured against unlawful entry in accordance with this Chapter.
Order the property on which the vacant commercial building is located to be properly maintained or cleared of trash and debris.
Initiate proceedings against the Owner of any vacant commercial building found to be in violation of this Chapter or any other applicable code.
Maintain surveillance over vacant commercial buildings so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.
Establish and enforce rules and regulations for the implementation of and compliance with the Property Improvement Program.
Identify blighted property and initiate proceedings against the owner of record of any blighted property for failure to remedy such blight.
8.58.090 Boarding Permits and Regulations.
Boarding Permit Required. No person may erect, install, place, or maintain boards or similar coverings over the doors, windows, or other openings of any building or structure or otherwise secure such openings without a valid boarding permit from the City.
Board Permit Process. The Enforcement Official must issue a boarding permit required by this Section upon submission of a written application by the Owner of the property upon payment of the required fee and upon confirmation by the Enforcement Official that the boarding or other method of securing has been done in compliance with this Section.
Boarding Permit Period of Validity. The boarding permit is valid for 90 days.
Boarding Permit Extension. A boarding permit may be extended once, for a period of an additional 90 days, provided that the following conditions exist: (i) the boarding is in compliance with this Section; (ii) the Owner has submitted the request for extension within 10 days after the expiration of the initial boarding permit period; (iii) the Owner has complied with all prior orders and notice from the City regarding the property; and (iv) the Owner simultaneously submits a detailed plan and timeline for correction, repair, and rehabilitation of the property, or a plan for the sale of the property with a provision in the sale requiring the correction, repair, or rehabilitation of the property.
Boarding Permit Renewal for Good Cause. A boarding permit may not be issued for a building that was previously boarded until one year after the date of expiration of the previous boarding permit or extended boarding permit, except the Enforcement Official may renew a new boarding permit for a period of three months upon a showing of good cause, as determined in the Enforcement Official’s sole discretion. “Good cause” means a showing by the Owner that the permit reissuance is necessary due to conditions or events beyond the Owner’s control, such as inability to obtain financing, financial hardship, inability to locate a suitable buyer despite diligent efforts, or unanticipated delays in construction. “Good cause” also means a showing that the Owner exercised reasonable and due diligence in attempting to complete the needed work or in attempting to sell, rent, or lease the property. Renewal shall require submission of a written application demonstrating good cause, payment of the boarding permit fee, and upon confirmation by the Enforcement Official that the method of boarding or securing of the building has been done in compliance with this Section.
Boarding Permit Fees. The fees for the initial boarding permit, and the extension and the renewal permit, shall be as established from time to time by resolution of the City Council.
Boarding Standards. The boarding or securing of the doors, windows, or other openings of any building must comply with the following standards:
Securing by Boarding. The boarding of doors, windows, and other openings must comply with the following requirements:
Windows and similar openings must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts with washers on each end. Bolts and nuts used to secure the crossmember must be threaded to the correct length and tightened securely. A minimum of two crossmembers must be used on each window. Each crossmember must be a continuous piece of lumber, and each must extend at least one foot past the window opening in each direction. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
Exterior doors must be boarded with exterior-grade plywood of a minimum thickness of 3/4 inch or equivalent fitted to the entry door jamb with maximum 1/8 inch clearance each edge. The existing door must be removed and stored inside the building. Plywood must be secured by 2″x4″ or 4″x4″ crossmembers, secured to the plywood by 3/8 inch plated carriage bolts and matching hardware. A minimum of one door must be operable. Plywood for operable door openings must be attached to the door entry with three case hardened strap hinges of the type specified by the Enforcement Official. Plywood must be secured by a case hardened steel hasp and minimum two-inch hardened padlock, also of the type specified by the Enforcement Official. Additional measures may be required as deemed necessary in the sole discretion of the Enforcement Official.
All boarded openings must be painted with exterior paint that is of a color compatible with the exterior color of the building and is approved by the Enforcement Official.
Alternative Methods of Securing a Building. Upon application for a boarding permit, the Enforcement Official may approve alternative methods of securing a Vacant Property. In making the determination to approve any alternative method, the Enforcement Official must consider the effectiveness of the alternative method to provide adequate and long-term security against the unauthorized entry and the aesthetic and other impacts of such method on the immediate neighborhood.
Additional Requirements. In connection with the boarding or securing of the doors, windows, or other openings of any building, the Owner must also comply with the following requirements:
All utility services to the building must be terminated by removal of the meters and termination of electric power by Southern California Edison or any successor utility. Compliance with this Subsection may be waived in writing by the Enforcement Official as to electric power in the event that electricity is necessary to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building for which there is a valid building permit.
The sewer must be capped in a manner approved by the Enforcement Official so as to prevent the accumulation of methane gas in the building or structure.
The interior of the building must be cleared of all trash, junk, garbage, debris, solid waste, and personal possessions, in order to eliminate any fire or health hazard and prevent hindrance to firefighting equipment and personnel in the event of a fire.
The Owner of any boarded building must comply with all requirements of this Chapter related to Vacant Properties.
8.58.100 Enforcement.
Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any provision of this Chapter.
Criminal Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this Chapter as an infraction, in his or her discretion, in which event such violation is punishable in accordance with the penalties set forth in paragraph (c) of Section 1.16.010 of this Code.
Administrative Penalties. Any person who violates any provision of this Chapter may be issued an administrative penalty in accordance with this Section or Chapter 8.13 of this Code. a. Appeal and Collection of Penalty. The Enforcement Official’s administrative penalty may be appealed in the manner provided in Chapter 8.13 of this Code. Any administrative penalty may be collected as provided in Chapter 8.13 of this Code. b. Fine for Non-Residential Properties. For any non-residential properties subject to this Chapter, the initial penalty shall be $2,500.00. If the violation continues after the compliance date in the administrative citation or any extension period granted by the City, a second administrative penalty in the amount of $5,000.00 may be issued. If the violation continues after the compliance date in the second administrative citation or any extension period granted by the City, a third administrative penalty in the amount of $25,000.00 may be issued. For any residential properties subject to this Chapter, the penalties shall be in the amounts set forth in Section 1.16.010 of this Code.
Civil or Equitable Enforcement. Nothing in this Chapter prevents the City Attorney from bringing a civil or equitable action, at his or her discretion, to seek the abatement of any violation of this Code.
Ongoing Violations. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.
Remedies Cumulative. The remedies, procedures, and penalties provided by this Chapter are cumulative to each other and to any other available under City, State, or federal law.
Joint and Several Liability. The duties and liabilities specified in this Chapter are joint and several among and between all Owners.” Chapter 9.08 (Conduct of Public Places) of the Signal Hill Municipal Code are hereby amended by adding text in underline and removing text in strikethrough as follows:
Chapter 9.08 “CONDUCT IN PUBLIC PLACES”
9.08.010 Acts prohibited in public parks and enclosures – Permits required for certain acts.
It is unlawful for any person or persons, corporation, partnership, association, society or any organization as principal, agent, employee, or otherwise, to do, to aid in doing, or cause or permit to be done, any of the acts enumerated in this section within the limits of any public park, building, enclosure or other public property, in the city:
Animals and Fowl. To permit or allow the presence of any animal or fowl, except leashed domestic dogs in compliance with Section 6.04.010(4), or except where the Parks, Recreation, and Library Community Services Director, or his/her designee, has granted a permit to allow specified animals. If such permit is granted, it must be in the possession of the permit holder while on the public premises with the animal; Interference with Public Equipment/ Facilities. To cut, break, injure, deface or disturb any rock, building, monument, sign, fence, bench, structure, apparatus, equipment or other property; mark or place thereon, or on any portion thereof, any mark, writing or printing; attach thereto any sign, card, display or other similar device; dig remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, or remove any wood, turf, grass, soil, rock, sand or gravel. This subsection (B) shall not apply to a duly authorized city employee or city contractor in performance of his/her duties; Bathing and Pollution of Waters. To swim, bathe, wade, fish, or pollute the water of any reservoir, fountain, pond, lake, or stream, except in those places set apart for public bathing. The Public Works Director or his/her designee is authorized to place and maintain, or cause to be placed and maintained, signs designating such public bathing places; Fire. To bring on, use or possess any portable barbecue, grill, smoker, cooking equipment, apparatus, fire pit or hibachi, which uses charcoal or other incendiary material for fuel, except in those barbeques specifically provided by the city for that purpose, or except where the Parks, Recreation, and Library Community Services Director, or his/her designee, has granted a permit to allow such use. If such a permit is granted, it must be in the possession of the permit holder while on the public premises; E. Camping. To camp or lodge without a written permit from the Community Services Director, or his/her designee; E.F. Vehicles and Animals. To drive any vehicle or animal, except on the regular driveways or paths provided for such purposes; or to hitch or fasten any animal except at places so provided; F.G. Vehicle Operation and Signs. To operate any vehicle over or upon any driveway at a greater speed than fifteen miles per hour. The Public Works Director, or his/her designee, shall erect signs on the driveways entering all public parks within the city, which signs shall be placed on the right-hand side of such driveways looking toward said parks and at a height not less than four nor more than ten feet from the ground, which signs shall correspond to the signs designated in Section 468.1 of the California Vehicle Act, or any amendment thereto; G.H. Transporting Goods. To drive any dray, truck, wagon, cart, or other traffic vehicle carrying or regularly used or employed in carrying goods, wares, merchandise, lumber, machinery, oil, manure, dirt, sand, soil, or any article of trade or commerce, or any offensive article or material whatsoever over the parks or roads or driveways therein, except when delivering any material to, or within, or removing from, any public park or other public property within the city by authority or under direction of the City Manager, the Public Works Director or the Parks, Recreation, and Library Community Services Director, or any of their designees; H.I. Sale of Goods. To bring, or cause to be brought, for the purposes of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange any goods, wares or merchandise in any park without first having obtained a permit from the Community Services Director; Sidewalk vendors, as that term is defined in section 5.06.020 of this code, vending in City parks without meeting the applicable requirements of chapter 5.06; I.J. Posting of Signs and Notices. To erect, construct or maintain, paste, paint, print, nail, tack or otherwise fasten or affix any card, decoration, poster or sign on any lamp post, utility pole, traffic control sign or signal, curbstone, bench, hydrant, wall, sidewalk, bridge, tree, fence, building or structure owned or controlled by the city, unless one has first secured a written approval or permit from the Parks, Recreation, and Library Community Services Director, or Public Works Director, or either of their designees, or has secured authorization by City Council resolution. Duly authorized city officers or employees and contractors with the city, State Government or Federal Government acting to promote the purposes of that contract shall be exempt from this division; J.K. Organized Sports Games and Practices. To play or engage in any organized sports game, organized sports practice, or organized fitness activity without a written permit from the Parks, Recreation, and Library Community Services Director, or his/her designee; or to use/wear shoes with cleats on any field or turf area, or to “mark” or designate fields, parks or other public spaces by the use of cones, delineators, chalk or other means without a written permit from the Parks, Recreation, and Library Community Services Director or his/her designee. “Organized sports game” is defined for the purposes of this section as any game or competition held in connection with a formal or informal league or tournament. “Organized sports practice” is defined for the purposes of this section as any formal practice, training or instruction in any sport or game, conducted by a coach or other person, for the purpose of competing in an organized sports game. “Organized fitness activity” is defined for the purposes of this section as any organized exercise or physical fitness activity, conducted by an instructor or other person, for which the other person is compensated by the participant(s).
K.L. Littering. To throw, deposit, or place any bottles, tin cans, broken glass, papers, clothes, iron, or any rubbish or refuse anywhere, except in receptacles furnished for that purpose; L.M. Hours of Operation/Hours of Overnight Closure. To remain, stay or loiter about any public park, building or enclosure between the hours of 10:00 p.m. and 5:00 a.m., unless attending a picnic, celebration, parade, service or exercise conducted in accordance with subsection N of this section;. Hours of operation for public parks shall be between the hours of 5:00 a.m. to 10:00 p.m., unless otherwise approved by the Parks, Recreation, and Library Services Director.
M.N. Group Picnics and Events. For any group, public or private, of more than twenty-five persons to hold or conduct a picnic, celebration, service, or event (other than a special event as defined in subsection R of this section) without a written permit from the Parks, Recreation, and Library Services Community Director, or his/her designee; N.O. Jumpers and Bounce Houses. To place, provide or operate any inflatable play apparatus, such as jumpers, bounce houses, or other similar inflatable structures without a written permit from the Parks, Recreation, and Library Services Community Director, or his/her designee; P. Tent Use. To construct or erect any building, tent or structure of whatever kind, whether permanent or temporary in character, without a written permit from the Community Director, or his/her designee; O.Q. Noise. To willfully play any musical instrument or any electrically amplified music or sound in a manner which will disturb the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity, except in those areas designated and approved for performances and with a written permit from the Community Services Director, or his/her designee; P.R. Special Events. To conduct or cause to be conducted, participate or engage in, hold, manage, permit or allow another to conduct a special event on such public property, or any event on private property which is sufficiently large as to affect adjacent public right-of-way or public property, without first having obtained a written permit from the City Manager, or his/her designee. “Special event” is defined for the purposes of this section as follows:
Any organized formation, parade, procession, demonstration or assembly which may include persons, animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street, sidewalk or other public right-of-way owned or controlled by the city which does not comply with applicable traffic regulations, laws or controls; or Any organized or assemblage of seventy-five or more persons at any public place, property, or facility which is to gather for a common purpose under the direction or control of a person or persons; or Any other organized activity involving seventy-five fifty or more persons conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, public property or facilities and which may require the provision of city public services in response thereto.
Examples of such events include, but are not limited to, concerts, parades, circuses, fairs, festivals, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights-of-way.
9.08.020 Public Urination and Defecation Prohibited.
It shall be unlawful for any person to urinate, defecate or otherwise discard or dispose of human wastes or excretion on private property in an area exposed to public view, or on any public street, sidewalk, alley, park, parking lot, or other public place, except in a toilet receptacle provided for such purpose within the structure of a restroom or bathroom or other enclosure.
Anyone who, by reason of illness, infection, disease or other physical infirmity is unable to control his or her excretory functions shall be exempt from the provisions of subsection (A). Loss of control of excretory functions brought on by voluntary ingestion of alcohol, drugs or other intoxicants, depressants, or hallucinogens shall not be exempt from the provisions of subsection (A).
9.08.030 Permits.
Any person seeking a permit required by this chapter shall complete a permit application describing the reasons for the proposed activity or use, and shall deposit the permit fee as established by City Council resolution. The permit application and fee shall be submitted no less than fifteen days in advance of the proposed activity subject to the permit to the city department that issues the permit as indicated in Section 9.08.010.
The department’s staff shall assess the extent to which the proposed activity or use may interfere with the use and enjoyment of the public park, building, facility or other place by the general public; the availability of the requested public park, building, facility or other place; the extent to which the proposed activity or use would require the diversion of public safety or other city employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the city; the extent to which the activity or event would adversely affect the city’s ability to reasonably perform municipal functions or furnish city services; and any other criteria contained in any applicable policy of any applicable city department. Based on these criteria, city department staff shall approve or deny the permit application. Written notice of the decision shall be personally served or mailed provided to the applicant within five business days of the application submittal. If the permit application is denied, all deposited fees shall be returned to the applicant, with the exception of non-refundable application fees with the notice of denial. In determining whether to approve a permit application for an event involving expressive activity, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event.
Permits issued under the provisions of this chapter are subject to such reasonable conditions as the city department staff may deem necessary in order to ensure that the proposed activity or use will be compatible with the general uses of the park or other public place; will prevent dangerous, unlawful or impermissible uses; and will protect the safety of persons and property; provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Such conditions may include, but shall not be limited to the following:
Limitations upon the times during which the proposed use will be permitted; Limitations upon the locations at which the use will be permitted; Limitations upon the number of people that will be permitted to participate in a use at a given location; Limitations upon the type of equipment allowed and the manner in which it is utilized; Requirement that the applicant furnish private patrol or security where the nature of the use will impose undue burdens on the police services of the city; Requirement that the applicant provide temporary sanitary facilities, trash containers, and the like; Requirement that the applicant post additional fees, deposits or other security to cover extraordinary costs which may be incurred by the city as a result of the proposed use; and Requirement that the applicant provide proof of insurance deemed adequate by the city department staff.
Any person dissatisfied with the decision of the city department’s staff under this section may appeal such decision to the Parks and Recreation Commission in compliance with Section 9.08.040 of this chapter.
Section 9.08.040 Appeals.
Any person wishing to appeal the decision(s) of the city department staff pursuant to Section 9.08.040 may appeal such decision to the Parks and Recreation Commission. The appeal must be filed in writing with the City Clerk within fourteen days of the personal service or mailing of the decision written notification of denial, and must specify the basis of appeal and the relief sought. The appeal shall be scheduled for hearing within two regularly scheduled meetings of the Parks and Recreation Commission, and notice of the appeal shall be provided by mail to the appellant. Appeal fees shall accompany any appeal filing in compliance with subdivision (C) of this section.
Appeals shall be heard by the Parks and Recreation Commission. The Commission may sustain, modify or overrule the decision of the City Department staff. The determination by the Parks and Recreation Commission shall be final.
The City Council shall, from time to time, by resolution, adopt or modify an appeal fee to be paid by the appellant to defray the reasonable expense of costs incidental to the administration and processing of appeals filed pursuant to this section.
9.08.050 Penalty for violations.
Violation of or failure to comply with any of the provisions of this Chapter 9.08 shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed six months, or both. Alternatively, at the sole discretion of the charging officer or the city attorney, a violation may be charged as an infraction punishable in accordance with the penalties stated in paragraph (C) of Section 1.16.010 of this code.
Chapter 9.18 of the Signal Hill Municipal Code is amended in its entirety to read as follows:
Chapter 9.18 “LOUD OR UNRULY PARTIES, GATHERINGS AND OTHER DISTURBANCES OF THE PEACE”
9.18.010 Purpose and intent.
The city finds that loud or unruly parties, gatherings or other assemblages of persons on private property within the city, or loud and unreasonable disturbances, in violation of California Penal Code Section 415, and Chapter 9.16 of the Signal Hill Municipal Code, can disturb the public peace, safety, health and welfare as to require added and extraordinary law enforcement services particularly where repeated calls for services are made and where those creating the need for services are failing to act in accordance with the lawful instructions of law enforcement officers.
It is in the best interests of the public peace, safety, health and welfare to require those persons causing the need for special law enforcement services, beyond those normally provided to the public at large, pay all or a part of any extraordinary expenses generated by their own conduct. It is in the interest of law-abiding citizens that those persons generating a need for law enforcement service should pay, in part, the cost therefore.
9.18.020 Definitions.
Whenever the following words and phrases are used in this chapter, they shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
“Extraordinary expense” or “police response service charge” refers to the costs incurred in the second and subsequent police responses to control and maintain the public peace, safety, health and welfare, which include but are not limited to the following: all personnel, equipment and mutual aid costs expended during the second and subsequent responses to the premises, damages to city property and/or injuries to city personnel. “Loud and unruly” includes, but is not limited to, any or all of the following:
Loud, unusual, penetrating or boisterous noise, disturbances or commotion, as described in Section 9.16.030(B)/Noise Standards; Obstruction of public streets by crowds or vehicles;
Obstruction of rights-of-way by people or vehicles;
Public drunkenness;
Assaults, batteries, fights, domestic violence or other disturbances of the peace; Urinating or defecating in public; or
Any conduct which would otherwise constitute a violation of the California Penal Code or Vehicle Code based on the citing official’s observations.
Unlawful use or discharge of fireworks in accordance with the provisions of Chapter 9.28 of this code.
Loud or unruly conduct” does not include any activity that is protected by Federal or State law. “Parties, gatherings, event, or other assemblages” refers to the meeting of a group of persons who have met or are meeting for any occasion or for a social activity on private property, whether residential or not, to which an officer response is required because the event is loud and unruly, as defined in this chapter. “Police, police personnel, or officer” means a law enforcement officer employed or otherwise charged by the city to enforce codes, ordinances, mandates, regulations, resolutions, rules, or other laws adopted by the city, including an officer employed by the city. “Responsible party “ means any of the following:
The owner(s) of record of the property where the event takes place.
The person(s) in charge or purportedly in charge of the premises where the event takes place.
The person(s) authorizing the use of the premises for the event.
The person(s) who organized the event.
The person(s) who the responding officer believes is causing, performing, permitting to exist or otherwise maintaining the event, including but not limited to, any other person in real or apparent charge or control of the real property.
For purposes of this section, person includes corporations, associations, firms, partnerships, trust, or any other entity which owns, leases, or controls the property. “Special police services” or “special law enforcement services” refer to the necessary activities of the police to maintain the public peace, safety, health and welfare in responding to a loud or unruly party, gathering or other disturbance of the peace after the police have made an initial response and given warning that if such disturbance is not corrected, and a subsequent response is required, then a police response service charge will be levied. “Subsequent response” refers to additional police personnel responses to a party, gathering, event, or other assemblage within a 90-day period to the same location or address.
9.18.030 Supplementary provisions.
Except as provided herein, the provisions of this chapter shall supplement any and all provisions addressing noise disturbances as contained in the Signal Hill Municipal Code, including but not limited to the provisions of Chapter 9.16.
9.18.031 Standards.
No person shall willfully make or continue, or cause to be made or continued, any loud or unruly, unnecessary, or unusual noise upon any premises owned, occupied, or controlled by such person or upon any public street, alley, right-of-way, park, or public property which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness in the area.
The standards which shall be considered in determining whether a violation of this section exists are set forth in section 9.16.030.
9.18.032 Exemptions.
The following acts or conditions are exempt from the provisions of this chapter:
Sanctioned activities conducted on the grounds of any public or private daycare, elementary, intermediate or secondary school or college.
Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicles, or work.
Any activity to the extent regulation thereof has been preempted by State or Federal law.
Events or activities sponsored by the city.
Events conducted pursuant to a license issued by the city in accordance with the Signal Hill Municipal Code.
9.18.040 Notice of personal liability for costs of special police services--First response and written warning.
When any loud or unruly assemblage occurs or is held on private property within the city (whether in a residential area or not), and the city police department is required to respond to the scene (whether or not in response to a citizen complaint), and the police officer at the scene determines that there is a threat to the public peace, health, safety or welfare, then that officer shall notify the owner of the premises or responsible party, that they will be held personally liable for the costs of providing police personnel for the special police services necessary resulting from any subsequent police response caused by the unruly party, gathering, event, or assemblage of persons. If that person is a minor, the parent or guardians will be held responsible for the costs of providing special police services.
Such person(s) shall be given a first warning, in the form of written notification by the police officer, that additional police department responses within a thirty-day period to the same location or address will be considered special police services subject to a police response service charge. If no owner, responsible party, or other adult person in charge of the premises can be located or identified at the time of the first response, or such person(s) refuses to sign a receipt of the notice, the written notice may be posted in any conspicuous outdoor location near any entrance to the premises. In such event, the owner, responsible party, and any other adult person in possession of the premises at the time of the response by the police may be held jointly liable for the costs of providing the special police services.
9.18.050 Second and subsequent responses deemed special police services.
The police personnel utilized after the first warning to control the threat to the public peace, health, safety or welfare shall be deemed to be on special police services assignment providing added or extraordinary police services over and above the normal police services provided by the city.
Whenever an officer makes a subsequent response to a qualifying party, gathering, event, or other assemblage, the officer may issue a notice of violation to the responsible party, which shall inform the responsible party of the city’s authority to impose fees, police response service charges for the provision of special police services, and potential fines for subsequent violations of this chapter. An officer may issue a notice of violation for each subsequent event.
9.18.060 Police response service charge.
A. The City shall have the authority to impose an administrative fine for multiple response services on any one (1) or more persons who qualify as a responsible party for the event. The City is authorized to collect the amount of the fine specified below and any other amount to which the City may be entitled under the law. The fines shall be in the following amounts and shall be due to the City within thirty (30) days of the date of an invoice issued by the City for said fines:
1. 1st subsequent response: $100.00.
2. 2nd subsequent response: $250.00.
3. 3rd subsequent response and any thereafter: $500.00.
B. The city reserves the right to seek reimbursement for actual costs exceeding five hundred dollars through other legal remedies or procedures. In the event the city is required to institute any legal proceeding to recover such costs, it shall be entitled to additionally collect all costs, including attorney’s fees, incurred as a result thereof.
9.18.070 Payment of fees and charges.
The chief of police or their designee shall provide the Department of Finance with a copy of the notice of violation to prepare the invoice for special police services. The Department of Finance shall send the invoice by certified mail to the responsible parties.
All fees and charges levied for such services shall be due and payable within thirty days following invoice therefor. Sums not timely paid shall incur interest at the legal rate. All fees and charges for such services shall constitute a valid and subsisting debt in favor of the city and against the person(s) to whom such services are rendered. Should the amount due not be paid, the city may collect the debt, as well as any cost incurred in collecting the debt due to nonpayment, pursuant to any available provision of the law.
If the property owner does not reside at the location of the event, the Department of Finance shall send a copy of the invoice to the property owner’s mailing address identified on the most recently available County Tax Assessor’s roll.
The invoice amount for special police services shall be a debt owed to the city jointly and severally by each responsible party for the event, and if the responsible party for the event is a minor, his or her parents or guardians. Any person owing money shall be liable in an action brought by the city to recover the amount, including reasonable attorneys’ fees, in accordance with section 9.18.060(B).
9.18.080 Arrest and/or citation.
Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine not exceeding two hundred and fifty dollars for a first violation and a fine not exceeding five hundred dollars for a second violation. Any person having committed three violations of this chapter within a one-year period shall be guilty of a misdemeanor and a fine not exceeding one thousand dollars for each additional violation.
In addition to any other remedies available in this code or state law, the second and subsequent responses may also result in the arrest and/or citation of violators of the state Penal Code or other regulations, ordinances, or laws.
The remedies described in this chapter are not exclusive. Pursuit of any one remedy shall not preclude city from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity.
Chapter 9.65 is hereby added to the Signal Hill Municipal Code to read as follows:
Chapter 9.65 “PEDESTRIANS PROHIBITED ON MEDIAN ISLANDS”
9.65.010 Findings and purpose.
The City Council finds that pedestrians are stepping and standing upon City-owned median islands located in the center of streets, distracting drivers, placing themselves in harm’s way, and trampling landscaping. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify City arterials. There is no intended pedestrian use of such medians. Pedestrians may cross a street at marked crosswalks and do not need to step, stand, sit, or lie on these median islands for any purpose.
The purpose of this chapter is to protect the public safety of drivers and pedestrians and preserve the aesthetics of the City’s landscaped median islands.
9.65.020 Median island defined.
For purposes of this chapter, a median island is a raised and curbed area owned by the City, of variable width, which may or may not contain landscaping or hardscaping features, located in the approximate center of the street, parallel to the travel lanes, separating opposing lanes of motor vehicle traffic and channeling the location of the motor vehicle traffic.
9.65.030 Pedestrians prohibited on median islands.
Pedestrians are prohibited from stepping, standing, sitting, or lying upon any median island as defined in Section 9.65.020. For purposes of this prohibition, pedestrians do not include City employees or contractors maintaining the median island, emergency personnel or other persons temporarily using the median island because of an accident or vehicular emergency, or persons actively using an existing City crosswalk which intersects a median island and who are otherwise required to step onto a median island for safety reasons.
Chapter 9.66 is hereby added to the Signal Hill Municipal Code to read as follows:
Chapter 9.66 “CATALYTIC CONVERTERS”
9.66.010 Unlawful possession of a catalytic converter prohibited.
It shall be unlawful to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
For purposes of this section, “lawful possession” includes: (1) being the lawful owner of the catalytic converter; or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.” For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
Bill of sale from the original owner with photographs.
Documentation from an auto-body shop proving that the owner relinquished the catalytic converter to the auto-body shop.
Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
Photographs of the vehicle from which the catalytic converter originated.
Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Signal Hill Municipal Code. Each and every catalytic converter unlawfully possessed is a separate violation of this section.
It is unlawful and a misdemeanor subject to punishment in accordance with section 1.16.010 et seq. of this Code, for any person to violate any provision of this section.
The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.
Chapter 9.67 is hereby added to the Signal Hill Municipal Code to read as follows:
Chapter 9.67 “PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF SPEED”
9.67.010 Findings and purpose.
The intent and purpose of this chapter is to discourage the presence of spectators at illegal vehicle speed contests and exhibitions of speed in the City. The chapter targets a clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.
This chapter is not intended to preempt state law governing the regulation of speed contests or exhibitions of speed but rather compliment such laws by prohibiting spectators at illegal motor vehicle speed contests and exhibitions of speed events.
9.67.020 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
City means the City of Signal Hill
Illegal motor vehicle speed contest(s) or illegal exhibition(s) of speed means any speed contest or exhibition of speed referred to in Vehicle Code Sections 23109(a) and 21309(c).
Motor vehicle means a vehicle as defined in Vehicle Code Section 670.
Preparations means those preparations for the illegal motor vehicle speed contest or exhibition of speed, including, but not limited to, situations in which:
A group of vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event; A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events; A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; One (1) or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; Two (2) or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; One (1) or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or An individual is stationed at or near one (1) or more motor vehicles serving as a race starter.
Spectator means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at a location where preparations are being made for such activities for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term “spectator” includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.
9.67.030 Violations.
Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor.
Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor; however, a court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint.
Local law enforcement shall also have the authority to cite any spectator in violation of this chapter with an administrative citation.
An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within two hundred (200) feet of the location of the event, or within five hundred (500) feet of the location where preparations are being made for the event.
Exceptions. This section shall not apply in any of the following instances:
Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation; Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities; Where its application would result in an interference with or inhibition of any other exercise of constitutionally protected rights of freedom of press and freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct.
Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.
9.67.040 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of Section 9.67.030, admissible evidence may include, but is not limited to, any of the following:
The time of day;
The nature and description of the scene;
The number of people at the scene;
The location of the individual charged in relation to any individual or group present at the scene; The number and description of motor vehicles at the scene; That the individual charged drove or was transported to the scene; That the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed; That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed; That the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; or That the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal vehicle speed contest was in progress.
For purposes of Subsection A above, “scene” refers to the location of the street race or exhibition of speed or the location of the preparations for the street race or exhibition of speed.
9.67.050 Admissibility of prior acts.
The list of circumstances set forth in Section 9.67.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Signal Hill.
Section 1.01.110 (Distribution of the code) of Chapter 1.01 of the Signal Hill Municipal Code are hereby amended to read as follows:
1.01.110 Distribution of code.
Not less than one (1) copy of this code, certified by the city clerk, shall be kept on file in the office of the city clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number, on appropriate pages of this code, and complete files of amendatory ordinances, indexed for ready reference, shall be maintained in the office of the city clerk for use and examination by the public.
Section 1.14.030 (Minimum number of official ballots) of Chapter 1.14 of the Signal Hill Municipal Code is hereby repealed.
The word “he” shall be repealed and replaced with the words “he or she,” the word “his” shall be repealed and replaced with the words “his or his,” and the word “Councilmen” shall be repealed and replaced with the word “Councilmembers” in Chapter 2.04 of the Signal Hill Municipal Code.
The word “Councilmen” shall be repealed and replaced with the word “Councilmembers” in Chapter 2.08 of the Signal Hill Municipal Code.
The definition of “department head” in Paragraph 17 of Section 2.80.025 (Definition of Terms) of the Signal Hill Municipal Code is hereby amended by adding text in underline as follows:
17. “Department head” means an exempt, senior management employee charged with responsibility for managing major activities or functions of the city and implementing policy set by the city council. For the purposes of this chapter, department head includes the positions of city manager, assistant city manager, police chief, and directors of community services/parks, recreation, and library services, planning and community development, public works, and finance, and any other position so designated by the city council, by resolution.
Section 9.56.140 (Graffiti Prevention, Prohibition and Removal) of Chapter 9.56 of the Signal Hill Municipal Code is hereby amended by adding text in underline and removing text in strikethrough as follows:
9.56.140 Right of city to require removal.
It is unlawful for any person who is the owner, or who has primary responsibility for control, of property or who has primary responsibility for the repair or maintenance of property ("responsible party" hereinafter in this chapter), to permit the property which is defaced with graffiti to remain so defaced for a period of seven days forty-eight hours after service by city by first class mail of notice of same, unless (1) the person shall demonstrate by a preponderance of evidence that he or she does not have the financial ability to remove the defacing graffiti; or (2) it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it is unlawful to permit such property to remain defaced with graffiti for a period of fifteen days after service of first class mail of notice of same.
The City Council finds that the Ordinance falls within the “common sense” exemption set forth in State California Environmental Quality Act (“CEQA”) Guidelines § 15061, subdivision (b)(3), which exempts activity from CEQA 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.” Here, the Ordinance is creating regulatory schemes for activities that are already allowed under state law and is otherwise amending provisions of its municipal code for purposes of clarity and modernization. The Ordinance will not result in any development or in any new activity with the potential to impact the environment. The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Signal Hill hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Signal Hill, California, at a regular meeting of the City Council held on the ____ day of ______, 2023. _______________________________
TINA L. HANSEN
MAYOR
ATTEST:
______________________________
DARITZA GONZALEZ
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SIGNAL HILL )
I, DARITZA GONZALEZ, City Clerk of the City of Signal Hill, California, hereby certify that Ordinance 2023-11-XXXX was introduced at a regular meeting of the City Council held on __ day of November 2023, and adopted at a regular meeting of the City Council on the __ day of _____________ 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
DARITZA GONZALEZ
CITY CLERK
Ordinance No. 2023-11-XXXX
November 14, 2023