HomeMy WebLinkAboutOrdinance 634 Sidewalk VendingORDINANCE NO. 634
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
CREATING A PROGRAM TO REGULATE AND PERMIT SIDEWALK VENDING
PURSUANT TO CALIFORNIA SENATE BILL 946
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay is a unique community that takes pride in its
community character, and
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown
signed Senate Bill ("SB") 946 into law, which regulates sidewalk vendors throughout the
state including within the City of Morro Bay; and
WHEREAS, SB 946 took effect January 1, 2019, and limits the authority of the
City to regulate sidewalk vendors, except as provided under California Government
Code Sections 51038 and 51039 and
WHEREAS, the existing provisions in the Morro Bay Municipal Code regulating
sidewalk vendors are out of date and need to be revised in order to comply with SB 946
and
WHEREAS, the City Council adopts this ordinance under the authority of SB 946
and the City Council finds the regulations and requirements provided in this ordinance
are directly related to the City's objective of protecting the health, safety and welfare of
its residents, businesses, and visitors; and
WHEREAS, the City Council finds the regulations in this ordinance, including, but
not limited to those regulations governing minimum sidewalk widths, cart sizes, distance
requirements, and food and merchandise storage are necessary to ensure compliance
with the federal Americans with Disabilities Act of 1990 and other disability access
standards; and
WHEREAS, the City Council finds this ordinance is necessary to ensure the
public's use and enjoyment of natural resources and recreational opportunities; and
WHEREAS, the City Council finds this ordinance is necessary to prevent an
undue concentration of commercial activity that unreasonably interferes with the scenic
01181.0005/649802.1
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and natural character of City.
N OW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY
DOES FIND AS FOLLOWS:
S ECTION 1. Recitals The City Council of the City of Morro Bay does hereby
find that the above referenced recitals are true and correct and material to the adoption
of this Ordinance.
S ECTION 2. Finding Regarding Limitations on Sidewalk Vending. The City of
Morro Bay has unique characteristics that require limitations on sidewalk vending
activities for safety, health and accessibility. The limitations and related findings are as
follows:
A. Sidewalks under 10 feet in width: The majority of the sidewalks and
pathways in the City are narrow, between five (5) feet and ten (10) feet in width
and stationary sidewalk vending in these areas would unreasonably interfere
with the flow of pedestrians and disrupt access for persons with disabilities in
compliance with the American with Disabilities Act (ADA).
B. Areas with high levels of pedestrian traffic: The City's commercial districts
along the Waterfront are extremely popular tourist destinations with unusually
high pedestrian and vehicular traffic volumes along sidewalks. The sidewalks
in these areas are generally under ten (10) feet in width. As such, in order for
the City to protect the public from injury and prevent congestion, a limit on the
number of sidewalks vending permits issued by the City for commercial districts
along the Waterfront is necessary and locations will be approved on a case by
case basis.
C. Residential areas: The City's residential districts are generally older
developed areas, with narrow streets, many with steep slopes and have a
constrained amount of on -street parking. The residential districts generally do
not have sidewalks or have narrow sidewalks that cannot safely accommodate
pedestrian traffic and a stationary sidewalk vendor. Stationary sidewalk
vendors are not allowed in residential districts to protect the health, safety, and
welfare of residents who live in residential districts.
D. Public Parks: Morro Bay has numerous public parks, and in order to promote
public health, safety and welfare, and to prevent an undue concentration of
commercial activity that unreasonably interferes with the scenic and natural
character of these parks, the City will review requests for sidewalk vending
locations on a case by case basis.
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E Police and Fire Stations: The Police Department and Fire Department
facilities contain critical infrastructure and restrictions around the facilities are
n ecessary to ensure the health, safety and welfare of the public. Consequently,
n o sidewalk vending is permitted within 100 feet of these facilities.
F. Public Beaches: No sidewalk vending is allowed on the public beaches. This
restriction is necessary to protect this resource However, stationary and
roaming sidewalk vending locations may be permitted at the entrance to public
beaches or within public areas near or adjacent to beach parking lots.
G Pedestrian/Bicycle trails/pathways• The non -vehicular trails for pedestrians
and bicycles are narrow with high pedestrian/bicyclist traffic volumes.
Restrictions on sidewalk vending along the path are necessary to protect the
public from injury given the popularity of these tourist destinations.
H. State Park Owned/Managed Property: State Parks and other areas owned
by the State of California will require a special review and authorization from
the state prior to allowing any sidewalk vending permits in those areas.
I. State of California (Caltrans) Right of Way: State Highway 1, State Highway
41 and the related public right of way areas are within the State of California
(Caltrans) jurisdiction and will require authorization from the State prior to
consideration of any sidewalk vending permit applications for these locations.
S ECTION 3. Section 5.08.150(A)(1) of the Morro Bay Municipal Code is hereby
amended as follows with the rest of Section 5.08.150 remaining unchanged (added text
in bold underline):
1 "Vendor" means and includes every person not having a fixed place
of business in the city, and not an agent of a principal having a fixed place
of business in the city who travels from place to place, or has a stand upon
any doorway of any building or unenclosed or vacant private lot or parcel of
land, or any sidewalk vendor as defined in Chapter 5 60, who sells or
offers for sale and retail any goods in his/her possession.
S ECTION 4. The definition of "Vendor" and "solicitor" in section 5.40.020 of the
Morro Bay Municipal Code is hereby amended as follows with the rest of Section 5.40.020
remaining unchanged (added text in bold underline deleted text in )
"Vendor"-a-nd "sSolicitor" means and includes every person requesting an
immediate donation of money and/or who solicits as defined in Section
01181.0005/649802.1
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5.08.150 of this code and is specifically engaged in solicitation by going
from house to house, place to place, or along city streets and on public right-
of-way.
S ECTION 5. Chapter 5.60 of the Morro Bay Municipal Code, entitled "Sidewalk
Vendors," attached hereto as Exhibit A, is hereby added to the Morro Bay Municipal Code.
The provisions in Chapter 5.60 supersede any conflicting provisions in Section
17.30.030(T) of the Morro Bay Municipal Code.
S ECTION 6. Section 10.40.120(C) is hereby added to the Morro Bay Municipal
Code and shall read as follows (new text in bold underline):
C. This section does not apply to sidewalk vendors, as defined in
S ection 5.60.010. Sidewalk vendors shall comply with the provisions
of Chapter 5.60.
S ECTION 7 CEQA Findings. The Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, sections 15060(c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment),
15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3)
(the activity is covered by the common sense exemption that CEQA applies only to
projects which have the potential for causing a significant effect on the environment) The
proposed ordinance maintains the status quo and prevents directly related changes in the
e nvironment. Because there is no possibility that this ordinance may have a significant
adverse effect on the environment, the adoption of this ordinance is exempt from CEQA.
S ECTION 8. Severability. If any section subsection, phrase, or clause of this
o rdinance or any part thereof is for any reason held to be unconstitutional or otherwise
u nenforceable, such decision shall not affect the validity of the remaining portions of this
ordinance or any part thereof. The City Council hereby declares that it would have passed
this ordinance and each section, subsection, phrase or clause thereof irrespective of the
fact that any one or more sections, subsections, phrases, or clauses be declared
u nconstitutional or otherwise unenforceable.
S ECTION 9 Effective Date. This Ordinance shall take effect 30 days after its
adoption.
•
01181.0005/649802.1
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SECTION 10. Certification. The City Clerk shall certify as to the passage and
adoption of this Ordinance and shall cause the same to be posted as the designated
locations in the City of Morro Bay.
INTRODUCED at a regular meeting of the City Council held on the 9th day of June,
2020, by motion of Council Member Addis and seconded by Council Member Heller.
PASSED AND ADOPTED on the 23rd day of June 2020, by the following vote:
AYES Headding, Addis, Davis, Heller, McPherson
NOES None
ABSENT: None
ABSTAIN: None
ATTEST:
a/vir
'DANA SWANSON, City Clerk
APPROVED AS TO FORM:
s oetc, S
CHRIS F. NEUMEYER, g(ty Attorn
vairraa
JOH 1 HLARBING, ►' AYOR
01181.0005/649802.1
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY
I, Dana Swanson, CITY CLERK FOR THE CITY OF MORRO BAY, HEREBY
CERTIFY the foregoing Ordinance Number 634 was duly adopted by the City Council of
the City Council of the City Morro Bay at a regularly meeting of said Council on the 23rd
day of June, 2020 and that it was so adopted on by the following vote:
AYES Headding, Addis, Davis, Heller, McPherson
NOES' None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal
of the City of Morro Bay, California, this 24A day ofTula", , 2020.
DANA SWANSON, City Clerk
01181.0005/649802.1
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Exhibit A
Chapter 5.60
SIDEWALK VENDORS
5.60.010 - Definitions.
The following definitions apply to this chapter:
A. "Beach" means any public oceanfront, or bay front beach within the City.
B "Cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or
other non -motorized conveyance.
C. "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.
D. "Food" means any item provided in Health and Safety Code Section 113781, or any
successor section.
E "Harassment" means any form of unauthorized or unpermitted touching, verbal abuse,
blockage of pathways or interference with pedestrian traffic.
F. "Limited Opportunity Area" means an identified area in which a specific location
request will need special review by Public Works, Police and Fire prior to permit
approval or disapproval.
G. "Park" means the parks listed in the Open Space and Conservation Element of the
General Plan and identified in Table 5.60-2
H. "Residential district" means any area zoned exclusively as residential in Title 17 of the
Municipal Code or any other area with exclusively residential uses.
I. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
J. "Scenic pathway" means a non -vehicular trail or pathway for pedestrian, bicycle or
equestrian use.
K. "Sidewalk vendor" means a person who sells food or merchandise from a cart or from
one's person, upon a public sidewalk or other pedestrian path. Sidewalk vendors
include roaming sidewalk vendors and stationary sidewalk vendors.
L. "Special event" means a City permitted event including, but not limited to, festivals, art
01181.0005/649802.1
shows, and/or cultural events.
M. "Stationary sidewalk vendor" means a sidewalk vendor who operates from a fixed
location.
N. "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.
5.60.020 — Applicability.
The requirements of this chapter shall not apply to the following persons:
A. Persons delivering goods, wares, merchandise or food upon order of, or by
agreement with, a customer from a store or other fixed place of business or
distribution.
B Solicitors, as defined in Section 5.08.150.
C. Persons selling goods, wares, merchandise, or food from a motorized vehicle,
including a food truck.
5.60.030 — Business tax certificate and vender permit required.
A. No person shall operate as a sidewalk vendor without first obtaining, and at all times
maintaining, a valid City business tax certificate in accordance with Chapter 5.04 of
this code, and complying with all requirements of the business license, unless such
person qualifies for an exemption under Chapter 5.04 of this code.
B No person shall operate as a sidewalk vendor without first obtaining, and all times
maintaining, a sidewalk vendor permit in accordance with the requirements of this
chapter and complying with all requirements of the permit.
C. A sidewalk vendor permit is valid for one year unless revoked or suspended prior to
expiration. An application to renew a vendor permit under this chapter shall be made
not later than 90 days before the expiration of the current permit.
D. Sidewalk vendor permits are only applicable to the persons named on the permit
application and are not transferable.
E A separate business tax certificate and sidewalk vendor permit is required for each
cart.
5.60.040 — Requirements for permit application.
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An application for a sidewalk vendor permit shall be filed with the community development
department and shall include all the following, to the extent applicable:
A. The name, address, and telephone number of the applicant and each person who will
operate the cart.
B A photo identification of the applicant and each person who will operate the cart.
C. If the sidewalk vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal.
D. A description of the cart, including the dimensions (height, width and length) of the
cart, a graphic showing any signage to be used and the .placement on the cart,
identification of any power supply or heating element used by the cart, and a
photograph of the cart.
E A complete list of the food or merchandise to be sold.
F. The locations in the City where the sidewalk vendor intends to operate.
G The days and hours during which the sidewalk vendor intends to operate.
H. A plan for the collection and disposal of trash and recyclables generated by the
vending operation.
I. The sidewalk vendor's California seller's permit number (California Department of Tax
and Fee Administration sales tax number).
J. A City business tax certificate.
K. A copy of any license or permit required from any other state or local agency that is
required by law, including, but not limited to, a copy of any required permit from the
county health department, if required.
L. If the sidewalk vendor intends to operate in the state's right of way, evidence of state
authorization for such activities.
M. Proof of a policy of commercial general liability insurance in an amount not less than
$100,000 per occurrence and $200,000 in the aggregate, issued by an insurance
company licensed to do business in California and naming the City of Morro Bay, and
its elected officials, officers, and employees, as additional insureds. Such policy shall
not terminate or be canceled during the duration of the sidewalk vending permit
without 30 days advance written notice to the City of Morro Bay.
N. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless
the City, its elected officials, officers and employees from and against any and all
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claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to the permit or
the vendor's sidewalk vending activities.
O. A certification by the applicant that, to his or her knowledge and belief, the information
contained in the application is true.
P. Payment of a permit fee as established by City Council resolution.
5.60.050 — Application review; appeal.
A. Within thirty (30) calendar days of receiving an application, the community
development department will respond to the applicant with approval, or a list of items
required to complete the permit review Once the application is deemed complete,
the community development director will approve or disapprove the application within
thirty (30) days. Issuance of sidewalk vending permits does not require public
notification. Following administrative approval, a sidewalk vending permit with
appropriate conditions, will be issued.
B The community development director's decision to issue or revoke a permit may be
appealed by filing a notice of appeal with the city clerk within ten calendar days after
the director's decision is issued The director's decision shall be suspended during
the pendency of an appeal. The appeal shall be heard by the city manager and his or
her decision shall be final.
5.60.060 — Identification numbers; confidentiality.
Notwithstanding any other requirement in this code, an applicant for a business tax
certificate or sidewalk vendor permit shall not be required to submit a social security.
n umber for the issuance of such certificate or permit. In lieu of an otherwise required
social security number the City shall accept a California driver's license or identification
n umber, an individual taxpayer identification number, or a municipal identification
n umber. Identification numbers submitted under this section shall not be made available
to the public for inspection, shall be treated as confidential, and shall not be disclosed
except as required to administer the license or permit program or to comply with a state
law or state or federal court order.
5.60.070 — Operational standards.
A Display of and compliance with permit.
1 Each cart used by a sidewalk vendor must always display or have available a
valid sidewalk vending permit.
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2. All sidewalk vendors shall comply with the terms and conditions of the vending
permit.
B Time restrictions. Sidewalk vending is prohibited after 9:00 pm and before 8:00 am in
residential districts.
C. Carts.
1. In order to prevent obstructions of the public right-of-way, the total area footprint
of the cart, including the cart itself and any accompanying display, signage, or
related items, shall not exceed a length of five (5) feet, a width of three (3) feet,
and a height, including roof or awning, of six (6) feet.
2. In order to prevent obstructions of the public right-of-way, no sidewalk vendor
may set up or allow the use of an additional structure, including a table, crate,
carton, umbrellas rack, sandwich -board or other free standing signage to
increase the selling or display capacity of the cart unless such items are
explicitly requested in the permit application and approved by the City. Trash
receptacles can be separate from the cart and not included in the cart size
restrictions.
3. Carts must be equipped with their own power and water supplies, if needed.
Sidewalk vendors shall not use a power source or water source owned by the
City or another person without such owner's consent.
4. In order to prevent damage to public property and prevent obstructions of the
public right-of-way, no cart may be chained or fastened to any pole, sign, tree,
or other object in the public right-of-way.
5. In order to preserve the safety of the public, and prevent misuse of carts, no
cart may be left unattended at any time.
6. In order to preserve the safety of the public, to prevent misuse of carts, and to
prevent obstructions of the public right-of-way, no cart may be stored, parked,
or left overnight on any public street or right-of-way, or in any public park.
D. Signage.
1. In order to prevent obstructions of the public right-of-way, all signage related to
the vending operation shall be affixed to the cart, shall not protrude beyond the
physical limits of the cart and shall not exceed three (3) square feet.
2. In order to preserve the safety of vehicular travelers and pedestrians, and to
preserve public peace and welfare, no cart may be outfitted with any
equipment, signage, or mechanism that endangers or detracts from the health,
safety, or welfare of the public by causing an excessive distraction to motorists
or interfering with nearby residences, business, or pedestrians, including but
not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-
01181.0005/649802.1
powered generators, animation or excessive fumes. Sidewalk vendors shall
also comply with the noise regulations in Chapter 9.28 of this code.
E Trash and cleanliness.
1. In order to preserve sanitary conditions in all public rights -of -way all sidewalk
vendors shall provide a trash receptacle for customers and must ensure proper
disposal of customer trash. The trash receptacle must be large enough to
accommodate customer trash without resort to existing trash receptacles
located on any block for use by the general public. A sidewalk vendor may not
dispose of customer trash in existing (public or private) trash receptacles on
sidewalks.
2. In order to preserve sanitary conditions in all public rights -of -way all sidewalk
vendors shall maintain a clean and trash -free area within a 10-foot radius
around the vendor's cart during hours of operation and shall ensure that such
area is always clean and trash -free.
3. Sidewalk vendors shall immediately clean up any food, grease or other fluid or
item related to the vending operation that is discharged on public property.
Failure to comply will result in the City taking appropnate action to clean the
discharge at the vendor's expense and will result in the suspension of the
vending permit until the vendor reimburses the City for the cleanup costs.
F. Sales and merchandise.
1. Vendors shall not sell any food or merchandise that was not listed in the
vending permit application.
2. Vendors may not rent merchandise to customers.
3. Vendors shall not sell alcohol, cannabis products, adult oriented material, or
vaping or tobacco products or paraphernalia.
G Interactions with the public.
1. In order to preserve the safety of vehicular travelers, no sidewalk vendor may
solicit business from or conduct business with persons in motor vehicles on a
public street.
2. In order to ensure the public's enjoyment of natural resources and recreational
opportunities, vendors shall not approach members of the public to sell food or
merchandise in a park.
3. Vendors shall not block or impede the path of any member of the public, or
block or impede the entrance to any building, park, beach, or other area.
4. All persons operating a cart shall stay within ten (10) feet of the cart while the
business is operating.
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5. Vendors shall not harass any member of the public.
6. Sidewalk vendors shall not approach the entrance of any residence or business
with the purpose of soliciting business.
H. Fire safety.
1. Sidewalk vendors shall not cook with, or otherwise use, an open flame without
specific approval by the fire department.
2. In order to protect health and safety, tanks containing propane or natural gas,
large batteries, and any other container holding a combustible or flammable
material shall be contained within a non -visible portion of the cart to prevent
access by the public.
I. Operations after dark. In order to preserve the safety of vehicular travelers and
pedestrians, any cart operated before sunrise or after sunset, or in location with
insufficient lighting shall be equipped with enough lighting or reflectors to alert
pedestrians and vehicular travelers to the presence of the cart.
J. Inspection. Upon request, sidewalk vendors shall allow City personnel to inspect their
cart for compliance with this chapter.
5.60.080 - Location and time restrictions.
A. Prohibited locations Sidewalk vending is prohibited in the following locations and as
shown in Table 5.60-1:
1. Any area other than a public sidewalk or other approved area within a public
right of way.
2 On any sidewalk that is less than ten (10) feet wide (does not apply to roaming
sidewalk vending).
3. Beaches.
4. Scenic pathways.
5. State-owned property in the City, without state authorization.
6. Within 100 feet of a police station or fire station.
7. Within 15 feet of a fire hydrant or 15 feet of a transit stop.
8. Within 15 feet of the outer edge of a driveway or driveway apron or any location
that obstructs visibility for vehicles entering or exiting from a driveway.
9. Adjacent to any marked loading zone or bus zone.
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10. Within five (5) feet of a curb return.
11. Within any residential district (does not apply to roaming sidewalk vending).
12.Any location that impedes the flow of pedestrian traffic by reducing the clear
space to less than four (4) feet or impedes access to or the use of abutting
property, including, but not limited to, residences and places of business.
13.Within 100 feet in any direction of the nearest vendor or concessionaire
participating in a certified farmers' market or swap meet during the operating
hours of the certified farmers market or swap meet.
14.Within 100 feet of a City -permitted special event, including but not limited to,
parades concerts, and movie filming, unless vendor has received a permit to
vend as part of the event. For moving events, vending shall be prohibited within
100 feet of any portion of the approved event route. For stationary events,
vending shall be prohibited within 100 feet of the parcel boundary for the
location of the event.
Table 5.60-1
Sidewalk Vending Restrictions on Beaches, Trails, and State -Owned Land
Morro
Strand
Campground
Prohibited
State
Authorization
Required
Morro
Bay
State
Park
Campground
Morro
Bay
Golf
Course
Prohibited
Morro
Bay
State
Park
Prohibited
Limited
Opportunity
Area
Embarcadero
Road
Harborwalk
(South
of
Pacific
Street)
Limited
Opportunity
Area
Embarcadero
Road
Harborwalk
(between
Pacific
and
Beach
Street)
Limited
Opportunity
Area
Embarcadero
Road
Harborwalk
Beach
Street
(between
Pedestrian
Bridge)
and
Limited
Opportunity
Area
Coleman
Drive
Embarcadero
(from
to
Morro
Rock
Parking
Lot
North
Point
Natural
Area
Prohibited
Morro
Bay
Dog
Beach
Prohibited
Prohibited
Public
Beaches
from
Morro
Rock
to
North
Point
Natural
Area
(including
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beach
parking
lots)
Prohibited
Eagle
Rock
Ramp
Prohibited
Public
Launch
Prohibited
Black
Hill
Trail
Morro
Bay
State
Park
State
Authonzation
Required
Boardwalk/Harbor
Prohibited
Morro
Bay
Estuary
South
Bay
Blvd
Mountain
Bike
Prohibited
Trails
&
Parking
Lots
(Cerro
Cabello/Park
Ridge
Rock)
B Limited Opportunity Areas. The City of Morro Bay has unique characteristics that
require limitations on sidewalk vending activities for safety, health and accessibility.
The City's community development director is authorized to establish additional
restrictions on sidewalk vending in Limited Opportunity Areas, provided such
restrictions shall comply with state law and shall be reasonably necessary to protect
and promote safety health and accessibility. Such limitations may include, but are
not limited to, the number of sidewalk vending permits issued and hours of operation.
Applicants will be notified of the limitations or special restrictions applicable to Limited
Opportunity Areas upon request and upon review of the sidewalk vending permit
application.
C. Parks. The amount and type of sidewalk vendors allowed in City parks is limited as
shown in Table 5.60-2.
Table 5.60-2
Vending Restrictions in Parks
Anchor Memorial
0(SorR)
Bayshore Bluffs
2 (S); Roaming Allowed
Centennial Parkway
1 (S); Roaming Allowed
City Park
2 (S); Roaming Allowed
Cloisters Community Park 2 (S); Roaming Allowed
Coleman
2 (S); Roaming Allowed
Del Mar
2 (S); Roaming Allowed
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Lila
Keiser
Park
2
(S);
Roaming
Allowed
Mariner
Memorial
1
Roaming
Allowed
(S);
Monty
Young
2
(S);
Roaming
Allowed
North
Point
1
(S);
Roaming
Allowed
Tidelands
4
(S);
Roaming
Allowed
Franklin
Riley
2
(S);
Roaming
Allowed
Morro
Rock
Parking
Lot
4
(S);
Roaming
Allowed
5.60.090 — Penalties.
A. Except as provided in subsections B, G, and H, a violation of this chapter may only be
punished by the following:
1. An administrative fine not exceeding one hundred dollars ($100) for a first
✓ iolation.
2. An administrative fine not exceeding two hundred dollars ($200) for a second
✓ iolation 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.
4. Rescission of the sidewalk vendor's permit for the term of that permit upon the
fourth violation or subsequent violations.
B Vending without a sidewalk vendor permit may be punished by the following:
1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first
✓ iolation.
2. An administrative fine not exceeding five hundred dollars ($500) for a second
✓ iolation 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 vendor permit, an administrative fine imposed under Section
5.60.090(B) shall be reduced to the respective administrative fine set forth in Section
5.60.090(A).
D. Notwithstanding any other provision of this code neither a violation of the sidewalk
vending program nor a failure to pay an administrative fine imposed by Section
5.60.090(A) or (B) shall be punishable as an infraction or misdemeanor.
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E Any person who receives an administrative fine under Section 5.60.090(A) or (B) shall
have the right to request an ability -to -pay determination.
1. The City shall give any such person written notice of his or her right to request
an ability -to -pay determination as well as instructions and other materials for
requesting an ability -to -pay determination at the time that the administrative
fine citation is issued.
2. A right -to -pay determination may be requested at any time following the
issuance of the administrative fine citation until the fine is paid, including when
payment of the fine is delinquent or has been referred to a collection program.
3. Upon receipt of a request for an ability -to -pay determination, the city manager
or his or her designee shall determine whether such person meets the criteria
described in subdivision (a) or (b) of Section 68632 of the Government Code.
The determination of the city manager or his or her designee shall be final.
4. If the person meets the criteria described in subdivision (a) or (b) of Section
68632 of the Government Code, the City shall reduce the fine to twenty percent
(20%) of the amount of the fine originally imposed.
F. The city manager may in his or her discretion, allow a person who receives an
administrative fine under Section 5.60.090(A) or (B) to complete community service in
lieu of paying the total administrative fine, may waive the administrative fine, or may
offer an alternative disposition.
G Violations of the requirement to obtain a business tax certificate pursuant to Section
5.60.030(A) may be punished in accordance with the provisions of Chapter 5.04.
H. Nothing in the chapter shall be construed to limit the City's ability to enforce laws of
general applicability against sidewalk vendors, or to take any other enforcement
actions against sidewalk vendors that are allowed by state or federal law or this code.
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