Item 02 - Second Reading of Ordinance No. 444 — Yucaipa City Council, March 25, 2024

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk FOR: City Council Meeting of March 25, 2024
SUBJECT: Second Reading of Ordinance No. 444
RECOMMENDATION:

That the City Council approve the second reading of Ordinance No. 444, an Ordinance of the City Council of the City of Yucaipa, California, Repealing Title 5, Chapter 5.12 of the Yucaipa Municipal Code Concerning the Regulation of Peddlers, Hawkers, and Itinerant Vendors and Replacing it with a New Chapter 5.12 Concerning the Regulation of Sidewalk Vendors and Adding Chapter 5.13 Concerning the Regulation of Food Trucks.

Attachment:

1. Ordinance No. 444
Approved By: -i —

ATTACHMENT 1

ORDINANCE NO.444

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, REPEALING TITLE 5, CHAPTER 5.12 OF THE YUCAIPA

MUNICIPAL CODE CONCERNING THE REGULATION OF PEDDLERS,

HAWKERS, AND ITINERANT VENDORS AND REPLACING IT WITH A
NEW CHAPTER 5.12 CONCERNING THE REGULATION OF
SIDEWALK VENDORS AND ADDING CHAPTER 5.13 CONCERNING

THE REGULATION OF FOOD TRUCKS
WHEREAS, Senate Bill No. 946 ("SB 946") became effective on January 1, 2019, and provides that cities may not regulate sidewalk vending except in accordance with its provisions which are codified in Government Code sections 51036 through 51039; and WHEREAS, among other things, SB 946 provides that a local authority that elects to adopt a sidewalk vending program cannot require, among other things, a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and cannot restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified in state law; and WHEREAS, SB 946 prohibits punishment for street vending -related violations unless it is through a civil fine; and
WHEREAS, SB 946 recognizes, however, that "California has an interest in the regulation of traffic ... whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk," and acknowledges that there are regulations that are directly related to objective health, safety, or welfare concerns the city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, health and vendor permits, compliance with other generally applicable laws, registration requirements, and interference with other special events or permitted activities; and WHEREAS, SB 946 only applies to sidewalk vending in public rights -of -way, therefore private rights -of -way and property are still subject to private and local control; and WHEREAS, the City Council desires to exercise its authority under SB 946 to establish a Sidewalk Vendor Permitting and Regulatory Program for the City of Yucaipa (the "City"). The provisions of this Chapter allow the City to encourage small business activities and provide regulation and enforcement of unpermitted Sidewalk Vending Activities to respond to the objective needs and circumstances of the City and protect the health, safety, and welfare of the Sidewalk Vendors themselves, as well as the general public; and WHEREAS, Senate Bill No. 972 ("SB 972") became effective on January 1, 2023, and modified and modernized the California Retail Food Code, which sets health and sanitation standards for retail food facilities; and

WHEREAS, the City Council desires to incorporate SB 972 to reflect the current legal standards and promote uniformity in regulations; and
WHEREAS, the City Council expressly finds that regulating food trucks is also necessary in order to protect public health, safety, and welfare, while accommodating commercial uses that generally promote an active and social pedestrian environment with appropriate areas of the City; and
WHEREAS, adopting an ordinance will provide clarity regarding time, place and manner regulations to ensure public access and safety within the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Chapter 5.12 ("Peddlers, Hawkers, and Itinerant Vendors") of the Yucaipa Municipal Code is hereby repealed and replaced with a new Chapter 5.12 ("Sidewalk Vendors") to read as set forth in Exhibit "A" attached hereto and incorporated herein by reference. The City Council expressly finds that the operation and location limitations set forth in Chapter 5.12 of Title 5 are necessary to protect public health, safety, and welfare.

Section 2. Chapter 5.13 of Title 5 ("Food Truck Operators") is hereby added to the Yucaipa Municipal Code to read as set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Section 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Yucaipa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

Section 4. Publication. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

PASSED, APPROVED and ADOPTED this 25th day of March, 2024.

ATTEST:

Justin Beaver, Mayor

APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham, City Attorney
Director of General Services/City Clerk

EXHIBIT "A"
YMC CHAPTER 5.12 SIDEWALK VENDORS
Sections:

5.12.010
Definitions.

5.12.020
Purpose.

5.12.030
Permit Required.

5.12.040
Issuance of Permit.

5.12.050
Health Permit Requirement.

5.12.060
Term and Renewal.

5.12.070
Permit Nontransferable.

5.12.080
Exceptions.

5.12.090
Operating Conditions.

5.12.100
Prohibited Activities and Locations.

5.12.110
Revocation of Permit.

5.12.120
Appeal Procedures.

5.12.130
Penalties.

5.12.140
Ability to -Pay Determinations.

5.12.150
Nuisance.

5.12.160
Impoundment.

5.12.170
Severability.

5.12.010 Definitions.

A. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Words and phrases not defined by this Chapter have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

B. For purposes of this Chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse and similar buildings. "Permit" means a City of Yucaipa Itinerant Vendor Permit issued and managed by the City Department designated by the City Manager in addition to any other required permits, including a general business license.
"Cart" means a push cart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non - motorized conveyance used for Sidewalk Vendor Activity.

"City" means the City of Yucaipa.
"City Council" means the City Council of the City of Yucaipa. "Compact Mobile Food Facilities/Operations" means mobile food facility that operates from an individual or from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance.
"Employ" means retain, hire or engage.
"Feet" means feet within a radius of the location from which measurement is made. "Fire Station" means any facility where fire engines and other equipment of the Yucaipa Fire Department are housed within the City.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Immediate Vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks. "Impound" means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation.
"Merchandise" means any tangible personal property that can be sold and immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be considered Merchandise.

Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute "merchandise" for purposes of this Chapter. Tangible personal property that is ordered for future delivery does not constitute "merchandise" for purposes of this Chapter. "Park" means a public park within the City owned and operated by the City or another public entity.
"Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Public Property" means any real property owned, leased, operated, or controlled by the City of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right -of -Way.

"Public Right -of -Way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. "Residential" means any area zoned or used exclusively as residential in the City. "Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Sidewalk Vendor" or "Vendor" 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 Pathway, or other such meaning of term as may be ascribed by Government Code section 51036(a) from time to time, and specifically includes compact mobile food operation when in compliance with Health & Safety Code sections 114368.2 and 113468.4. A person who takes or solicits orders for merchandise for future delivery does not constitute a Sidewalk Vendor for purposes of this Chapter. A person who gives tangible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a Sidewalk Vendor for purposes of this Chapter. A sidewalk vendor may be any of:

1. "Roaming Sidewalk Vendor," which means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction; or

2. "Stationary Sidewalk Vendor," which means a Sidewalk Vendor who utilizes a singular sidewalk location and does not move from place to place. "Sidewalk Vendor Activities" or "Sidewalk Vending Activity" means actions that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart.
"Special Event" means a City permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.
"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 Chapter, or any successor Chapter. "Vend" or "Vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Sidewalk Vendor on a Sidewalk and/or private property and includes the movement or standing of a Sidewalk Vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.

5.12.020 Purpose.

A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Sidewalk Vending Activity are necessary in part to:

1. Ensure no interference with the performance of public safety officers including, police, firefighter, security and emergency medical personnel services.

2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.

3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Sidewalk Vending Activities in portions of the City while preserving the use and maintenance of Public Rights -of -Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise on Sidewalks, by providing the public a simple way to ensure Sidewalk Vendors prepare Food safely and according to San Bernardino Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public -Rights -of -Way are protected while accommodating Sidewalk Vendor equipment.

9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the Sidewalk, by persons exiting or entering parked or standing vehicles.

10. Ensure reasonable access for the use and maintenance of Sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

11. Mitigate the impacts of Sidewalk Vending Activity and protect the unique characteristics of the City.

12. Address the provisions of Senate Bill 972 (Health & Safety Code sections 114368.2 and 114368.4) regarding Compact Mobile Food Operations as determined by the San Bernardino County Health Department as the local enforcement agent.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Sidewalk Vending Activities as follows:

1. The City Council finds that Sidewalk Vendors in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in parks and in residential areas. Sidewalk Vendors can also impact access to and egress from businesses. This ordinance imposes reasonable time, place, and manner restrictions on Sidewalk Vendors to the extent necessary to ensure the safety of Sidewalk Vendors, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;

2. The parks within the City provide passive and active recreational opportunities; restrictions on Sidewalk Vending Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Sidewalk Vending Activity.

5.12.030 Permit Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Cart in the City without an Itinerant Vendor Permit. It is unlawful for any person to operate a Cart in the City without having a current and valid Itinerant Vendor Permit obtained from the City. A copy of the Itinerant Vendor Permit shall be displayed in conspicuous view on each Cart at all times business is conducted.

B. Every Cart shall have the name, address, and telephone number of the holder of the Itinerant Vendor Permit permanently affixed on both the left and right sides of the Cart.

Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for an Itinerant Vendor Permit shall be filed with the City on a form provided by the City and shall contain the following information:

1. The name, address, and telephone number of the person applying to become a Sidewalk Vendor;

2. If the Operator or Vendor is an agent of an individual, company, partnership, or

corporation, the name and business address, phone number, and email address of the principal of such entity;

3. The name, address, and telephone number of the Operator or Vendor who will be in charge of any Sidewalk Vending Activity and/or be responsible for the person(s) working at any Cart;

4. The name, address, and telephone number of all persons that will be employed as Sidewalk Vendors;

5. The number of Carts the Sidewalk Vendor will operate within the City under the Itinerant Vendor Permit;

6. The location(s) in the City where the Sidewalk Vendor intends to operate;

7. The day(s) and hours of operation the Sidewalk Vendor intends to operate at such location(s);

8. A description of the type of Food(s) to be sold from a Sidewalk Vendor selling Food, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Cart for Food preparation, and the type of heating element if any;

9. A copy of the County health permit for each Sidewalk Vendor selling Food by this Chapter;

10. Whether the Sidewalk Vendor intends to operate as a Stationary Sidewalk Vendor or a Roaming Sidewalk Vendor and, if roaming, the intended path of travel;

11. The dimensions of the Sidewalk Vendor's Cart(s), including a picture of each Cart operating under the Itinerant Vendor Permit and any signs that will be affixed thereto;

12. Whether the Sidewalk Vendor will be selling Food, Merchandise, or both. If the Sidewalk Vendor is selling Merchandise, a description of the Merchandise to be sold;

13. To ensure the safety of residents and the merchantability of products sold by Operators without a fixed place of business, prior to the issuance of an Itinerant Vendor Permit, the applicant shall cause to be filed with the City a LiveScan background check conducted by the California Department of Justice within the three months preceding the application date. The City shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location;

14. Proof that the Sidewalk Vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation,

which shall be maintained for the duration of the Sidewalk Vendor's Permit;

15. An acknowledgement that the Sidewalk Vendor will obtain and maintain throughout the duration of any permit issued under this Chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;

16. An acknowledgement that use of Public Property is at the Sidewalk Vendor's own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Sidewalk Vending Activities;

17. An acknowledgment that the Sidewalk Vendor will comply with all other applicable local, state, and federal laws;

18. A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;

19. A list of all other cities or other jurisdictions in which the Sidewalk Vendor has operated a Cart within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and

20. Any other relevant information required by the City Manager, or the City Manager's designee.

D. Such application shall be accompanied by the nonrefundable Itinerant Vendor Permit application fee as established by resolution of the City Council.

5.12.040 Issuance of Permit.

A. Within sixty (60) calendar days of receiving a complete application, the City Manager, or the City Manager's designee may issue an Itinerant Vendor Permit to a Sidewalk Vendor if he or she finds, based on all of the relevant information, that:

1. The conduct of such Sidewalk Vending Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Sidewalk Vending Activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Sidewalk Vendor;

3. The conduct of such Sidewalk Vending Activity will not constitute a fire hazard;

4. The conduct of such Sidewalk Vending Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Sidewalk Vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this Chapter or its predecessors;

6. The Sidewalk Vendor has not had a previous Itinerant Vendor Permit for Sidewalk Vendor Activity revoked by the City within the past five years;

7. The application for a Sidewalk Vendor contains all required information and the Sidewalk Vendor has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Sidewalk Vendor has satisfied all the requirements of this Chapter;

9. The Sidewalk Vendor has paid the Itinerant Vendor Permit fee;

10. The Sidewalk Vendor's Cart and proposed activities conform to the requirements of this Chapter;

11. The Sidewalk Vendor has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Manager or the City Manager's designee;

12. The Sidewalk Vendor has not been convicted of, or committed, any offense that is directly related to Sidewalk Vendor Activities, within the last five years;

13. The Sidewalk Vendor has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last two years;

14. The Sidewalk Vendor has not been subject to an injunction for nuisance, as defined by State or local laws, within the last five years.

5.12.050 County Health Permit Requirement.

It is unlawful for any person to operate a Cart that sells Food in the City without a current and valid permit, certificate, or other authorization as required by the County of San Bernardino Department of Environmental Health. A copy of said health permit shall be kept in the Cart at all times and displayed in conspicuous view upon each Cart.

5.12.060 Term and Renewal.

All Itinerant Vendor Permits for Sidewalk Vendors issued under this Chapter shall expire within

a year from the date of issuance, unless earlier revoked in accordance with the provisions of this Chapter. An application to renew an Itinerant Vendor Permit shall be made not later than 30 days before the expiration of the current Itinerant Vendor Permit.

5.12.070 Permit Nontransferable.

Itinerant Vendor Permits for Sidewalk Vendors are non -transferable. Any change in ownership or operation of a Cart requires a new Permit as set forth in this Chapter.

15.12.080 Exceptions.

No person shall conduct Sidewalk Vending Activities within the City without first obtaining a Itinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter from the City, except under the following conditions:

A. A Special Event permit issued pursuant to the requirements set forth in Chapter 5.16 of Title 5 of this Code, shall be required when the Sidewalk Vending Activity is associated with the operation of a City -permitted Special Event, subject to the conditions thereof.

B. An Itinerant Vendor Permit issued pursuant to the requirements of this Chapter shall not be required when the Sidewalk Vending Activity is limited to a Cart on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:

1. All Sidewalk Vendor Activity is conducted entirely on paved portions of the premises.

2. Service is limited to the guests of the property owner or lawful lessee/tenant only.

C. The requirements of this Chapter shall not apply to any Sidewalk Vendor operating at a City event or upon City property with the permission of the City Manager, or their designee. The City Manager shall ensure that the purposes of this Chapter are met by the terms and conditions of any agreement under which such Sidewalk Vendor is operating.

5.12.090 Operating Conditions.

Every Sidewalk Vendor is subject to the following operating conditions when conducting Sidewalk Vendor Activities:

A. No Sidewalk Vendor shall conduct Sidewalk Vendor Activities anywhere in the City between the hours of 9:00 p.m. and 7:00 a.m. daily, with the exception of private events.

B. All Food and Merchandise shall be stored either inside or affixed to the Cart or carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on any Public Property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed the size limitations provided in this section.

C. Carts and any attachments thereto shall not exceed a total height of four (4) feet, a total width of four (4) feet, and a total length of four (4) feet.

D. To maintain accessibility standards for the City's disabled residents, every Sidewalk Vendor operating on any Sidewalk must ensure that no obstruction is placed in or on the Sidewalk that would reduce the width of the Sidewalk to fewer than forty-eight (48) inches, exclusive of the top of the curb. No obstruction shall be located in a Sidewalk less than six (6) feet in width when the Sidewalk is adjacent to the curb.

E. Sidewalk Vendors shall locate their Cart and/or their person in a manner that maintains a minimum four (4) foot clear accessible path for pedestrian ingress and egress free from obstructions, including Cart and customer queuing area.

F. All signage and advertising related in any way to the Sidewalk Vendor shall be attached to the Cart or the Sidewalk Vendor's person.

G. Sidewalk Vendors shall not use any electrical, flashing, wind powered, or animated sign.

H. Carts shall not be stored on Public Property and shall be removed when not in active use by a Sidewalk Vendor.

I. Sidewalk Vendors shall not leave their Carts unattended.

J. No Cart shall contain or use propane, natural gas, batteries, or other explosive or hazardous materials.

K. Sidewalk Vendors that sell Food shall maintain a trash container in or on their Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor's trash container is included towards the total size limit of a Cart.

L. Sidewalk Vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vendor Activities that falls on Public Property.

M. No Sidewalk Vendor shall discharge liquid upon any public street, Sidewalk or premises in the City.

N. Sidewalk Vendors shall not block an entrance into a Building, structure or facility, or obstruct any door or window.

O. Stationary Sidewalk Vendors shall not cause, allow, or maintain the placement of tables, chairs, shade structures, tents, umbrellas, other furniture, rugs, towels, fabric of any kind in public spaces or in any portion of the Public Right-of-way.

P. Evidence of compliance with Health & Safety Code section 114315(a). Such evidence may include, but is not limited to, written permission from a private business owner for use of the business's toilet and hand washing facility, a printed or electronic map showing the location of a compliant public toilet and hand washing facility, or similar documented evidence of compliance with. For Compact Mobile Food Operations, such compliance shall include compliance with Health & Safety Code sections 114368.2 and 114368.4.

Q. Sidewalk Vendors shall not store or leave unattended Vending equipment or receptacles in public spaces or in any portion of the Public Right -of -Way.

R. Sidewalk Vendors shall comply with the noise standards set forth in this Code.

5.12.100 Prohibited Activities and Locations.

A. Sidewalk Vendors shall comply with all Federal, State and local laws and regulations.

B. Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.

C. Sidewalk Vendors shall not engage in any of the following activities:

1. Conducting Sidewalk Vending Activity on unpaved portions of property;

2. Conducting Sidewalk Vending Activity on privately -owned property without the written authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;

3. Renting Merchandise to customers;

4. Displaying Merchandise or Food that is not available for immediate sale;

5. Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;

6. Selling Food or Merchandise to any person fifteen years of age or younger without one or both of their parents or legal guardians present;

7. Using an open flame on or within any Cart;

8. Using an electrical outlet or power source that is owned by the City or another person other than the Sidewalk Vendor;

9. Providing or selling any service to any person;

10. Continuing to offer Food or Merchandise for sale, following, or accompanying any person who has been offered Food or Merchandise after the person has declined the offer to purchase Food or Merchandise;

11. Knowingly making false statements or misrepresentations during the course of offering Food or Merchandise for sale;

12. Blocking or impeding the path of person(s) being offered Food or Merchandise to purchase;

13. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered Food or Merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;

14. Touching the person(s) being offered Food or Merchandise without that person(s) consent;

15. Advertising any product or service that is not related to the Food or Merchandise being offered for immediate sale;

16. Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the Permit;

17. Placing a Cart outside of any Pathway or Sidewalk when engaging in Sidewalk Vending Activities;

18. Physically altering or otherwise damaging the Sidewalk;

19. Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any Public Property, with the exception of tape used for social distance markers;

20. Providing or selling any service to any person; or

21. Placing of any type of fencing or other divider around the vending area.

D. All Sidewalk Vendor Activities shall comply with the Americans with Disabilities Act, as the same may be amended from time to time, as well as with the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right -of -Way.

E. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the following locations:

1. Any Residential zone in the City:

a. Stationary Sidewalk Vendors shall not operate on Sidewalks or Pathways directly adjacent to or within Residential areas or in any Park for which the City has entered an exclusive concessionaire agreement.

2. Upon or within any roadway, median strip, or in areas that separate opposing lanes of traffic on divided roadways.

3. Yucaipa City Hall which requires unimpeded pedestrian ingress and egress to ensure public safety.

4. Vending in Parks:
a. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City where the operator of the Park has signed an agreement for concessions that exclusively permits the sale of Food or Merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the Itinerant Vendor Permit and identify the restricted Park(s).
b. Sidewalk Vendors are prohibited from Vending in a Park owned or operated by the City in a manner that impedes the public's use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the Park. Such restriction, if imposed, shall be set forth as a condition of approval of the Itinerant Vendor Permit and identify the restricted Park(s). c. Sidewalk Vendors shall not Vend in the following locations within a Park:
i. Within fifty (50) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use;
ii. Within fifty (50) feet of any playground, pool, or exercise area while said area is in use.

5. Within Immediate Vicinity of:
a. A Certified Farmers' Market or certified Swap Meet during the hours of its operation; or
b. An area designated for a Special Event permit for the limited duration of the permitted event;

6. Within one (1) block of.
a. Public or private school, a place of worship, or a child day-care facility between 8 a.m. to 5 p.m. on days in which school is open.

7. Within two -hundred (200) feet of.
a. A Police Station, Fire Station, or hospital.

8. Within one -hundred (100) feet of:
a. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;
b. Another Sidewalk Vendor;
c. The intersection of a cross -walk and a Sidewalk;
d. Any public picnic area, playground area or playground equipment; e. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.

9. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;
c. An automated teller machine;
d. A transit shelter;
e. A bus stop;
f. A restroom or similar public use item.

10. Within fifteen (15) feet of:
a. Any street corner or marked pedestrian crosswalk;
b. The outer edge of any entrance to any business, including, but not limited

to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
c. The outer edge of any area permitted for Sidewalk or outdoor dining including, but not limited to, Sidewalk or outdoor dining entries and exits during the hours the business is open to the public;
d. Any driveway or alley approach.

11. Within five (5) feet of:
a. Any area improved with lawn, flowers, shrubs or trees; b. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.

The City Manager or the City Manager's designee may adopt administrative regulations imposing additional requirements consistent with this Chapter and all other applicable laws in order to regulate the time, place, and manner of Vending.

5.12.110 Revocation of Permit.

Any Itinerant Vendor Permit may be revoked by the City Manager, or the City Manager's designee for good cause shown including but not necessarily limited to any of the following reasons:

A. Citation for Vendor's third or subsequent violation of the requirements set forth in this Chapter.

B. Falsification of any information supplied by the Sidewalk Vendor upon which issuance of the Permit was based.

C. Failure of the Sidewalk Vendor, or any employees or subcontractors of the Operator or Vendor, to comply with the regulations set forth in this Chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Sidewalk Vendor, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Sidewalk Vendor Activity pursuant to the City Itinerant Vendor Permit.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any applicable provision or requirement of this Chapter.

F. Conviction of, or a plea of guilty or nolo contendere, by the Sidewalk Vendor of any

misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Sidewalk Vendor whose Permit is revoked shall be eligible to apply for a new Permit for a period of one year following such revocation.

H. In the event of a Sidewalk Vendor who owns more than one Cart, the revocation shall apply to the Permit for each Truck or Cart.

5.12.120 Appeal Procedures.

Any Sidewalk Vendor applicant or permittee who is aggrieved by any decision of the City Manager regarding the issuance, conditioning, denial, suspension, or revocation of an Itinerant Vendor Permit may contest the decision in accordance with the procedures set forth in Chapter 1.13 of Title 1 of this Code.

5.12.130 Penalties.

Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citation and revocation structure:

A. Except as otherwise provided in this Chapter, any violation of this Chapter shall be assessed administrative fines in the following amounts:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

B. If a Sidewalk Vendor violates any portion of this Chapter and cannot present the citing officer with proof of a valid City Itinerant Vendor Permit, the Sidewalk Vendor shall be assessed administrative fines in the following amounts in lieu of the administrative fines set forth in paragraph A:

1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each

additional violation within one year of the first violation.

C. Upon proof of a valid City Itinerant Vendor Permit issued by the local authority, the administrative fines set forth in paragraph B shall be reduced to the administrative fines set forth in paragraph A, respectively.

D. The City Manager, or the City Manager's designee may rescind a Sidewalk Vendor's Itinerant Vendor Permit for the term of that Permit upon the fourth violation or subsequent violations.

5.12.140 Ability to -Pay Determinations.

A. When assessing an administrative fine under this Chapter, the City will take into consideration a Sidewalk Vendor's ability to pay the fine.

Any fine issued under this section will be accompanied by a notice of and instruction regarding a person's right to request an ability -to -pay determination.

2. An Operator or Vendor 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 collection program.

B. If an Operator or Vendor is receiving public benefits under Government Code section 68632 (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Operator or Vendor's administrative fine is limited to twenty (20) percent of the amount assessed. The City may also take the following actions:

Allow the Operator or Vendor to complete community service in lieu of paying all or part of the administrative fine; or

2. Waive the administrative fine; or

3. Offer an alternative disposition.

5.12.150 Nuisance.

The City Council finds and declares that Sidewalk Vendor Activity conducted in violation of the provisions of this Chapter constitutes a public nuisance subject to abatement.

5.12.160 Impoundment.

A. Impoundment Authorization. Any City official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a Sidewalk Vendor's Items used in violation of this Chapter pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and

Safety Code, and/or any other applicable City, County, or State law for any of the following reasons:

1. Food displayed, offered, or made available for sale, including equipment or utensils used by a Sidewalk Vendor, without holding a valid and displayed Health Permit from the San Bernardino County Health Department in violation of County or State law.

2. Items reasonably appear to be unattended or abandoned on public or private property for more than thirty (30) consecutive minutes without moving from the exact spot it was located, and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty (50) feet of the Items.

3. Items displayed, offered, or made available for sale by a Sidewalk Vendor who does not possess a valid applicable City Itinerant Vendor Permit.

4. Items displayed, offered, or made available for sale by a Sidewalk Vendor who operates in violation of this Chapter; and refuses or fails to provide identification.

5. Operation in violation of this Chapter and refusal or failure by a Sidewalk Vendor to remove Items from public or private property within thirty (30) consecutive minutes after being instructed to do so by a City official.

6. Items displayed, offered, or made available for sale by a Sidewalk Vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of forty-eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.

7. Items displayed, offered, or made available for sale in violation of any applicable federal, State, County, or City laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult -oriented material, live animals, weapons, and/or pharmaceuticals.

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas -fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using,

operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.

9. Items displayed, offered, or made available for sale by a Sidewalk Vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this Chapter.

10. Items impounded as evidence of a crime or booked as property after an arrest of any Sidewalk Vendor involving any City, County, State, or federal law or regulation excluding this Chapter. Such Items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable State law.

B. Forfeiture Impoundment Authorization for Repeat Offenders. The City may immediately conduct a forfeiture impoundment of Items from a Sidewalk Vendor who has been found responsible for engaging in sidewalk vending activities in violation of this Chapter two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a City official who issued a notice of violation. An aggrieved repeat offender may appeal a City forfeiture impoundment action pursuant to the procedures set forth in this section.

C. Disposal Authorization. The City may immediately dispose of impounded Items that are perishable and/or cannot be safely stored.

D. Impoundment Period of Items Held By City. The impoundment of any Sidewalk Vendor's Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the City for not less than thirty (30), nor more than sixty (60), calendar days from the date of impoundment.

E. Impoundment Notification. Upon impoundment of Items under this section, the City Manager or designee shall do all the following:

1. Take responsibility for the storage, documentation, and disposition of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Provide the person from whom the Items were taken with a receipt and instructions for the retrieval of the Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the Items were taken at the time the City official obtained the Items or mailed on the next business day, by first class mail, to the person from whom the Items were taken.

3. If the City official has knowledge that the person from whom the Items were taken is not the owner, the City Manager or their designee shall make reasonable efforts to identify the owner. If the owner is identified, the City Manager or designee shall

mail, by first class mail, a receipt and instructions for the retrieval of the Items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. The receipt and instructions shall notify the person from whom the Items were taken that the Items must be claimed either within (A) thirty (30) calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) sixty (60) calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the Items are not claimed within the applicable time, the Items will be disposed of in accordance with the disposal provisions of this section or any other applicable County or State law. Within the applicable thirty (30) or sixty (60) calendar days, the person may do one of the following:

Retrieve the Items, excluding any Items that were
immediately disposed of because they were perishable
and/or could not be safely stored.
ii. Authorize in writing another person to retrieve the Items, excluding any Items that were immediately disposed of
because they were perishable and/or could not be safely stored.
iii. Notify the City in writing that they are unable to retrieve the Items because they are in custody (e.g., jail or prison) and request the City to hold the Items, excluding any
Items that were immediately disposed of because they
were perishable and/or could not be safely stored. If a person notifies the City that they are unable to either retrieve the Items within the applicable thirty (30) or sixty (60) calendar days, or have an authorized person
retrieve the Items, the City shall hold the Items for not longer than ten (10) additional months, after which time the City may dispose of the Items in accordance with the disposal provisions of this Code or any other applicable County or State law.
b. Pursuant to State law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of Items pursuant to this section and the disposal provisions of this Chapter.

F. Appeal of Impoundment. An aggrieved Sidewalk Vendor may, within fifteen (15) calendar days of the impoundment, appeal the impoundment of their Items by requesting an administrative hearing before City Manager or their designee pursuant to the procedures

described in section 5.12.120 of this Chapter and, if successful in their appeal, may have their Items returned, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the Sidewalk Vendor is successful on appeal, any appeal fee paid by the Sidewalk Vendor shall be refunded.

G. Recovery of Impounded Items and Payment of Impound Fees. A Sidewalk Vendor may recover impounded Items, excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the Items.

H. The City Council may by resolution adopt impound fees, which shall reflect the City's personnel, enforcement, investigation, storage, disposal, and Impound costs.

I. Unclaimed Items. Any unclaimed Items will be considered abandoned and forfeited to the City after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable City, County, or State law.

J. The City Manager is further authorized to develop additional regulations for the storage and release of impounded Items not in conflict with this Chapter.

5.12.170 Severability.

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, paragraph, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, clauses or portions be declared invalid or unconstitutional.

EXHIBIT "B"
YMC CHAPTER 5.13 FOOD TRUCK OPERATORS
Sections:

5.13.010
Definitions.

5.13.020
Purpose.

5.13.030
Permit Required.

5.13.040
Issuance of Permit.

5.13.050
County Health Permit Requirement.

5.13.060
Term and Renewal.

5.13.070
Permit Nontransferable.

5.13.080
Exceptions.

5.13.090
Operating Conditions.

5.13.100
Revocation of Permit.

5.13.110
Appeal Procedures.

5.13.120
Nuisance.

5.13.130
Penalties.

5.13.140
Administrative Citations.

5.13.150
Remedies Not Exclusive.

5.13.160
Severability.

5.13.010 Definitions.

A. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Words and phrases not defined by this section have the meaning set forth elsewhere in this Code, the California Business and Professions Code, California Vehicle Code, or California Government Code.

If a term or phrase is not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to be correct.

B. For purposes of this Chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse, and similar buildings. "Permit" means a City of Yucaipa Itinerant Vendor Permit issued and managed by the City Department designated by the City Manager in addition to any other required permits, including a general business license.
"Certified Farmers' 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 Yucaipa.
"City Council" means the City Council of the City of Yucaipa. "Employ" means retain, hire or engage.
"Fire Station" means any facility where fire engines and other equipment of the Yucaipa Fire Department are housed within the City.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Food Truck" or "Truck" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre -packaged or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the City. The inventory of these vehicles is not necessarily limited to edible Items and may include nonfood sundries.
"Food Truck Activities" or "Food Truck Activity" means actions that qualify a person as a Mobile Food Truck Operator or actions done in anticipation of becoming a Food Truck Operator such as, but not limited to, placement, or maintenance of any Food Truck. "Food Truck Operator" or "Operator" means any entity and all person(s) that:

1. Owns, controls, manages, and/or leases a Food Truck; and/or

2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a Food Truck; and/or
Drive, operate, Vend and/or prepare food in or from a Food Truck. "Immediate Vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks. "Park" means a public park owned or operated by the City. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the City or other public entity that is specifically designed for pedestrian travel, other than a sidewalk. "Public Property" means any real property owned, leased, operated, or controlled by the City of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a Public Right -of -Way.

"Public Right -of -Way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the City or other public entity, or subject to an easement owned by or dedicated or granted to City. For purposes of this Chapter, Public Right -of -Way does not include parking lots owned, operated and/or controlled by the City or other public entity.
"Residential" means any area zoned or used exclusively as residential in the City. "Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the City or other public entity, excluding any Parkway. "Special Event" means a City -sponsored or City -permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events. "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 Chapter, or any successor Chapter. "Vend" or "Vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared Food, prepackaged Food or nonfood sundries of any kind for sale from a Food Truck on a Public Right - of -Way and/or private property and includes the movement or parking of a Food Truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared Food, prepackaged Food or nonfood sundries.

5.13.020 Purpose.

A. The City Council hereby finds that, to promote the health, safety and welfare, restrictions on Food Truck Activity are necessary in part to:

Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.

Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.

4. Provide reasonable access for Food Truck Activities in portions of the City while preserving the use and maintenance of Public Rights -of -Way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.

5. Reduce exposure to the City for personal injury or property damage claims and litigation.

6. Ensure the safe sale of Food and Merchandise in the Public Right -of -Way by providing the public a simple way to ensure Food Truck Operators prepare Food safely and according to San Bernardino Department of Public Health requirements.

7. Prevent unsanitary conditions and ensure trash and debris in the areas where vending is taking place are removed by Food Truck Operators.

8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on Sidewalks and other Public -Rights -of -Way are protected while accommodating Food Truck equipment.

11. Mitigate the impacts of Food Truck Activity and protect the unique characteristics of the City.

B. The City Council hereby finds that the unique characteristics of the City require certain restrictions on Food Truck Activities as follows:

1. The City Council finds that Food Truck Operators in the City seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on Sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in City Parks and in residential areas. Food Truck Operators can also impact access to and egress from businesses. This Chapter imposes reasonable time, place, and manner restrictions on Food Truck Operators to the extent necessary to ensure the safety of Food Truck Operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City;

2. The City's parks provide passive and active recreational opportunities; restrictions on Food Truck Activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks;

3. The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Food Truck Activity.

5.13.030 Permit Required.

A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a Food Truck in the City without an Itinerant Vendor Permit. It is unlawful for any person to operate a Food Truck or allow Food Truck Activities in the City without having a current and valid Itinerant Vendor Permit obtained from the City. A copy of the Itinerant Vendor Permit shall be displayed in conspicuous view on each Food Truck at all times business is conducted.

B. Every Food Truck shall have the name, address, and telephone number of the holder of the Itinerant Vendor Permit permanently affixed on both the left and right sides of the Food Truck. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.

C. A written application for an Itinerant Vendor Permit shall be filed with the City Manager, or the City Manager's designee, on a form provided by the City and shall contain the following information:

The name, address, and telephone number of the person applying to become a Food Truck Operator;

2. If the Operator is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity;
The name, address, and telephone number of the Operator who will be in charge of any Food Truck Activity and/or be responsible for the person(s) working at any Food Truck;

4. The name, address, and telephone number of all persons that will be employed as Food Truck Operators;
The number of Trucks the Food Truck Operator will operate within the City under the Itinerant Vendor Permit;

6. The location(s) in the City where the Food Truck Operator intends to operate;

7. The day(s) and hours of operation the Food Truck Operator intends to operate at such location(s);

8. Copies of valid driver's licenses for all individuals who will be driving the Food Truck(s);

9. A description of the type of Food(s) to be sold from a Food Truck, whether such Food(s) is prepared on site, whether such Food will require a heating element inside or on the Food Truck for Food preparation, and the type of heating element if any;

10. A copy of the County health permit for each Food Truck;

11. The address of the approved commissary where the Food Truck is stored overnight, and a copy of the lease or other documentation establishing storage at the commissary is authorized;

12. Proof that the Food Truck Operator possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the Operator's Itinerant Vendor Permit;

13. An acknowledgement that the Food Truck Operator will obtain and maintain throughout the duration of any permit issued under this section public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than $1,000,000;

14. An acknowledgement that use of Public Property is at the Food Truck Operator's own risk, and the City does not take any steps to ensure Public Property is safe or conducive to the Food Truck Activities;

15. An acknowledgment that the Food Truck Operator will comply with all other applicable local, state, and federal laws;

16. A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;

17. A list of all other cities or other jurisdictions in which the Food Truck Operator has operated a Food Truck within the past 12 months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past 12 months; and

18. Any other relevant information required by the City Manager, or the City Manager's designee.

D. Such application shall be accompanied by the nonrefundable Itinerant Vendor Permit application fee as established by resolution of the City Council.

5.13.040 Issuance of Permit.

A. Within sixty (60) calendar days of receiving a complete application, the City Manager, or the City Manager's designee may issue an Itinerant Vendor Permit to a Food Truck Operator if he or she finds, based on all of the relevant information, that:

1. The conduct of such Food Truck Activity will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare or encourage loitering;

2. The conduct of such Food Truck Activity will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to Public Property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the Food Truck Operator;

3. The conduct of such Food Truck Activity will not constitute a fire hazard;

4. The conduct of such Food Truck Activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

5. The Food Truck Operator has paid any/all administrative fines associated with a previous violation of this Chapter;

6. The Food Truck Operator has not had a previous Itinerant Vendor Permit for Food Truck Activity revoked by the City within the past five years;

7. The application for a Food Truck Operator contains all required information and the Food Truck Operator has not made a materially false, misleading or fraudulent statement of fact to the City in the application process;

8. The Food Truck Operator has satisfied all the requirements of this Chapter;

9. The Food Truck Operator has paid the Itinerant Vendor Permit fee;

10. The Food Truck Operator's Truck and proposed activities conform to the requirements of this Chapter;

11. The Food Truck Operator has provided adequate insurance to protect the City from liability associated with Sidewalk Vendor Activities, as determined by the City Manager or the City Manager's designee;

12. The Food Truck Operator has not had an individual or business permit or license with any agency, board, city, county, territory, or state denied, revoked, restricted, or suspended within the last five years; and

13. The Food Truck Operator has not been subject to an injunction for nuisance, as defined by State or local laws, within the last five years.

5.13.050 County Health Permit Requirement.

It is unlawful for any person to operate a Food Truck in the City without a current and valid permit, certificate, or other authorization as required by the County of San Bernardino Department of Environmental Health. A copy of said health permit shall be kept in the Food Truck at all times and displayed in conspicuous view upon each Food Truck.

5.13.060 Term and Renewal.

All Itinerant Vendor Permits for Food Truck Operators issued under this Chapter shall expire within a year from the date of issuance, unless earlier revoked in accordance with the provisions of this section. An application to renew an Itinerant Vendor Permit shall be made not later than 30 days before the expiration of the current Itinerant Vendor Permit

5.13.070 Permit Nontransferable.

Itinerant Vendor Permits for Food Truck Operators are non -transferable. Any change in ownership or operation of a Food Truck requires a new Itinerant Vendor Permit as set forth in this Chapter.

5.13.080 Exceptions.

No person shall conduct Food Truck Activities within the City without first obtaining an Itinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter, except under the following conditions:

A. A Special Event permit issued pursuant to the requirements set forth in Chapter 5.16 of Title 5 of this Code, shall be required when the Food Truck Activity is associated with the operation of a City -permitted Special Event, subject to the conditions thereof.

B. An Itinerant Vendor Permit issued pursuant to the requirements set forth in this Chapter shall not be required when the Food Truck Activity is limited to a single Truck on private property with the written authorization of the property owner or lawful lessee/tenant, operating solely for private purposes and when all of the following provisions are met:

1. The Truck is parked entirely on paved portions of private property.

2. Service is limited to the guests of the property owner or lawful lessee/tenant only.

C. The requirements of this Chapter shall not apply to any Food Truck Operator at a City event or upon City property with the permission of the City Manager, or their designee.

The City Manager shall ensure that the purposes of this Chapter are met by the terms and conditions of any agreement applicable to such Food Truck Operator.

5.13.090 Operating Conditions.

All Operators shall comply with the following regulations:

A. The Food Truck shall be in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked from time to time, including the maximum allowed parking time limit for the parking space(s) occupied.

B. No additional lighting other than that required by the California Vehicle Code may be installed or operated on a Food Truck. No Food Truck that is stopped, parked or standing on any Public Right -of -Way shall display flashing neon or electronic display signs or visual displays that are intended to, or do in fact, distract drivers and draw attention to the Food Truck.

C. No Food Truck Operator shall operate any sound amplification systems or other sound making devices or music systems to advertise, draw attention to, or announce the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked upon any Public Right -of- Way or private street.

D. No Food Truck shall operate before 7:00 a.m. or after 10:00 p.m., including set-up and cleanup, except for private catering functions on private property or Special Events.

E. Food Trucks may only operate on a Public Right -of -Way while parked in a legal parking space.

F. Food Trucks may only operate on Private Property with the written authorization of the property owner or lawful lessee/tenant.

G. No Food Truck may operate in the public right of way on the same block for longer than six (6) hours. The time period is cumulative for all time that the Food Truck is operating on the same block in each 24-hour period, and does not start over by moving the Food Truck to another parking space on the same block or closing the sales window between sales. The time limit does not include set-up or clean-up time, provided that the Food Truck is not Vending or not ready to serve customers during set-up or clean-up.

H. No Operator shall operate on the public right of way within one block of a school, Park, community center or public playground facility; provided, however, that operation at or near a City Park is permissible when it has been approved by the City in conjunction with a Special Event.

I. No Operator shall permit the Food Truck to Vend within one hundred (100) feet of a marked or unmarked crosswalk.

Food Trucks on the public right of way shall be parked directly adjacent to a paved sidewalk, free and clear for pedestrian passage. Food service shall be limited solely to that side of the Food Truck facing the adjacent sidewalk. No Food Truck may dispense food

street side. Under no circumstances may vending occur from the left side of a Food Truck.

Notwithstanding the above provisions, no person shall Vend to any customer whose location creates a traffic hazard.

K. No Food Truck shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon any public right of way. Vending shall only be permitted where the Food Truck has been brought to a complete stop and parked adjacent to the curb in a lawful manner.

L. All Food Trucks shall be equipped with conspicuous refuse containers clearly marked with a sign requesting their use by patrons. The refuse containers must be large enough to contain all trash and refuse generated by the operation of the Food Truck. The Operator of the Food Truck shall pick up all trash and refuse generated by the Operator's Vending during the time the Food Truck is stopped, that is within no less than a one hundred (100) foot radius of the Food Truck vehicle, before such Food Truck is moved. The Food Truck shall take all bags with them when vacating an area. Trash is to include all materials originally dispensed from the Food Truck as well as any other Items left by patrons, such as cigarette butts.

M. Restocking of a Food Truck is prohibited while the Food Truck is on any public right of way.

N. No Food Truck shall attach to or receive any electrical power or other utilities from any public or private property while the Food Truck is located on any public right of way.

O. Vending is prohibited from a Food Truck that is parked, stopped, or standing on any Public Right -of -Way where the posted speed limit on the public street, alley, or highway is forty miles per hour or greater.

P. No Food Truck shall operate in such a way so as to cause an unacceptable reduction in sight distance for any cross street, crosswalk, driveway or any other similar location where traffic, be it vehicular, pedestrian or bicycle, can be expected to enter the roadway.

Q. No Operator of a Food Truck shall permit objects, including but not limited to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed into that portion of the street, alley or highway which is open to vehicular traffic, nor shall any object, including but not limited to tables, chairs, other furniture, trash receptacles, generators or equipment, be placed within or upon the parkway or sidewalk.

R. The Food Truck operations shall not obstruct pedestrian or vehicular traffic.

S. The Food Truck shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required refuse and recycling receptacles, provided they maintain a clear four -foot pedestrian walkway.

T. The Food Truck shall be operated within 500 feet travel distance of an approved and readily available toilet and handwashing facility, or as otherwise approved by the City Manager, or the City Manager's designee, to ensure that restroom facilities are available to facility employees whenever the Food Truck is stopped to conduct business for more than a one - hour period.

U. In conformance with the California Retail Food Code, Food Trucks shall be stored at or within an approved commissary in order to have protection from unsanitary conditions.

Food Trucks shall not be stored overnight outside of an approved commissary.

5.13.100 Revocation of Permit.

Any Food Truck Operator permit may be revoked by the City Manager, or the City Manager's designee for good cause shown, including but not necessarily limited to any of the following reasons:

A. Citation for Operator's third or subsequent violation of the requirements set forth in this Chapter.

B. Falsification of any information supplied by the Food Truck Operator upon which issuance of the Permit was based.

C. Failure of the Food Truck Operator, or any employees or subcontractors of the Operator, to comply with the regulations set forth in this Chapter.

D. Conviction of a violation, or plea of guilty or nolo contendere, by the Food Truck Operator, or any employee, subcontractor or independent contractor of the permittee, of any Federal or State law, or municipal ordinance while in the course of conducting Food Truck Activity pursuant to the City Itinerant Vendor Permit.

E. Conviction of a violation, or a plea of guilty or nolo contendere, by the Food Truck Operator of any applicable provision or requirement of this section.

F. Conviction of, or a plea of guilty or nolo contendere, by the Food Truck Operator of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is a crime of moral turpitude or a crime that is violent or sexual in nature, as defined by state and/or local law.

G. No Food Truck Operator whose Permit is revoked shall be eligible to apply for a new Permit for a period of one year following such revocation.

H. In the event of a Food Truck Operator who owns more than one Truck, the revocation shall apply to the Permit for each Truck.

5.13.110 Appeal Procedures.

Any Food Truck Operator applicant or permittee who is aggrieved by any decision of the City Manager regarding the issuance, conditioning, denial, suspension or revocation of Food Truck Operator Permit may contest the decision in accordance with the procedures set forth in Chapter

1.13 of Title 1 of this Code.

5.13.120 Nuisance.

The City Council finds and declares that Food Truck Activity conducted in violation of the provisions of this Chapter constitutes a public nuisance subject to abatement.

5.13.130 Penalties.

A. Any person who violates any provision of this Chapter, or who fails to comply with any obligation or requirement of this Chapter, is guilty of a misdemeanor unless the offense is charged as an infraction by a prosecuting attorney.

B. Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this Chapter, or of any law or regulation referenced on this Chapter, is allowed, committed, continued, maintained or permitted by such person, and shall be punishable accordingly.

5.13.140 Administrative citations.

Any person violating the provisions of this Code may be issued an administrative citation by an enforcement officer as provided in Chapter 1.13 of Title 1 of this Code.

5.13.150 Remedies not exclusive.

Any administrative citation pursuant to this Chapter shall not prejudice or adversely affect any other civil, administrative or criminal action that may be brought to abate a nuisance Food Truck or to seek compensation for damages suffered. A civil or criminal action may be brought concurrently with any other process regarding the same violation.

5.13.160 Severability.

Yucaipa City CouncilMarch 25, 2024

Yucaipa City Council
March 25, 2024