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HomeMy WebLinkAboutc5mobilevendorord FROM: Derek Johnson, Community Development Director Prepared By: Doug Davidson, Deputy Director SUBJECT: ADOPTION OF AN ORDINANCE AMENDING TITLES 5 AND 10 OF THE MUNICIPAL CODE TO REGULATE MOBILE VENDORS IN THE PUBLIC RIGHT-OF-WAY; CITY FILE #: R/TA 101-11 RECOMMENDATION Adopt Ordinance # 1594 (2013 Series) amending Titles 5 and 10 of the Municipal Code to regulate mobile vending in the public right-of-way. DISCUSSION Ordinance Summary On November 19, 2013, the City Council voted 3-2 to introduce an Ordinance amending the Municipal Code to regulate mobile vendors in the public right-of-way. The Council modified the proposed Ordinance by revising the language of two Findings and increasing the prohibited hours for mobile vending in residential zones from 10:00 p.m. to 7:00 a.m. to 7:00 p.m. to 7:00 a.m. The Ordinance has been amended per the Council action and is now ready for adoption. The amended text will become effective 30 days after its adoption. ATTACHMENT Ordinance # 1594 (2013 series) amending Title 17 of the Municipal Code C5 - 1 Attachment 1 1 ORDINANCE NO. 1594 (2013 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING MOBILE VENDORS REGULATIONS OF THE MUNICIPAL CODE (TA 62-12) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 19, 2013, for the purpose of considering amendments to the Municipal Code (TA 62-12); and WHEREAS, the City Council finds that the proposed text amendments are consistent with the General Plan, the purposes of the Municipal Code, and other applicable City ordinances; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt from environmental review per CEQA Guidelines under the General Rule (Section 15061(b)(3)) and Categorical Exemption Section 15301(c). The project involves updates and revisions to existing mobile vending regulations, as well as establishing a permit process and fee. The proposed Code Amendments are consistent with case law, State of California Vehicle Code and local policies and codes. It can be seen with certainty that the proposed Municipal Code text amendments will have no significant effect on the environment because the amendments are to an existing City Ordinance that only regulates mobile vending vehicles in the public right-of-way in compliance with the Vehicle Code. SECTION 2. Findings. Based upon all the evidence, the Council makes the following findings: 1. California Vehicle Code Section 22455 allows municipalities to regulate mobile vending in order to protect public safety. 2. Mobile vending has the potential to pose special dangers to the public health, safety, and welfare of residents of the City, including negative impacts on public safety and traffic. 3. The primary purpose of the public streets and right-of-way is to facilitate the free passage of vehicles, bicycles and pedestrians. C5 - 2 Attachment 1 2 4. The act of looking for prospective buyers while operating a vending vehicle makes the operator less attentive to pedestrian and vehicular traffic. Mobile vendors operating on public roadways, particularly in areas with high volumes of pedestrians, increases the potential for traffic accidents with vehicles and pedestrians as the trucks maneuver for position. 5. The City is the hub of the County for employment, tourism, services, and entertainment. Consequently, a large number of nonresidents come into the City every day to work or recreate, contributing further to the population and traffic congestion of vehicles and pedestrians. 6. Mobile vendors conducting business in the public right-of-way present a potential hazard to vehicles, pedestrians, and other mobile vendors and their customers. The operations of mobile vendors in the public right-of-way should be regulated, particularly near intersections, driveways, and transit stops based on the posted speed limit of the street. 7. The operations of mobile vendors within posted school zones during school hours could jeopardize the health and safety of young students and children. Attracting young people off campus could pose a safety hazard to unsupervised children running across the street to a mobile vending truck. At certain times of the school day, particularly morning drop-off/arrival and afternoon pick-up/departure, mobile vendors could add to the congestion and traffic hazards around school zones. 8. Prohibiting mobile vendors in residential zones between 7:00 p.m. and 7:00 a.m. is consistent with the City’s Noise Ordinance (construction hours) and respects the character of residential neighborhoods. Interjecting customer serving commercial enterprises, such as mobile vendors, into residential zones late at night could jeopardize the public health, safety, and welfare with their attendant noise and crowds. Mobile vendors may contain generators, compressors, or other noise- generating equipment which could impact residential neighborhoods, particularly in the evening hours. 9. Mobile vendors conducting business in the public right-of-way may increase the propensity for higher severity pedestrian collisions on higher speed roadways. Pedestrian collision studies conducted as part of FHWA Publication #HRT-04-100 found that “sites with speed limits of 35 miles per hour and greater were associated with a higher percentage of fatal and injury type accidents as compared to sites having lower speed limits”. Because mobile vendors generate pedestrian activity in the vicinity of the vehicle that may not be readily apparent to drivers, prohibiting mobile food vendors on streets with a posted speed limit of greater than 35 miles per hour will reduce the propensity for higher severity pedestrian collisions. 10. Mobile vendors conducting business in the public right-of-way present a potential C5 - 3 Attachment 1 3 hazard by limiting stopping sight distance and obstructing visibility of traffic control devices when operating within close proximity to the following types of facilities: intersections, midblock pedestrian crossings, driveways, and bus stops. The California State Highway Design Manual Chapter 200, Table 201.1 establishes stopping sight distances based on the design speed of the roadway. Establishing a minimum distance from these facility types based on these standards or a vehicle and/or location specific authorization or restriction based on an engineering survey as part of the permit will serve to reduce the propensity for collisions associated with visibility limitations or obstructions. 11. Allowing mobile vendors or non-motorized pushcarts to operate on public sidewalks & pathways could reduce accessible routes below minimum widths as established under the Americans with Disabilities Act (ADA) and ancillary standards and regulations. SECTION 3. Chapter 5.16 (Solicitors and Peddlers) of the City of San Luis Obispo’s Municipal Code is hereby repealed and replaced to read as follows: Chapter 5.16 Solicitors and Peddlers 5.16.010 Permit—Required. Except as provided in Chapter 10.36.120, no person shall stand or maintain any cart, wagon, automobile or other vehicle on or in the public streets of the city for the purpose of selling or offering for sale from or in the cart, wagon, automobile or other vehicle any peanuts, popcorn, candy, soft drinks, ice cream, sandwiches, or other food, goods, wares and merchandise that are lawful under both federal and state law, except upon permit from the Chief of Police. (Prior code § 6220) 5.16.020 Petition for permit—Contents. A. Whenever any person desires to stand or maintain any such wagon, cart, automobile or other vehicle for mobile vending purposes, the person shall submit an application for a permit on the form prescribed by the Chief of Police. The application shall set forth the name of the person desiring such permit, the character of the business to be conducted, the general location where and the hours during which it is proposed to stand and maintain such cart, wagon, automobile or other vehicle, and any other information sought by the Chief of Police to determine compliance with this Chapter. (Prior code § 6220.1) B. Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a vending cart, wagon, automobile or other vehicle until such permit has been granted. C5 - 4 Attachment 1 4 5.16.030 Permit—Determination. A. The Chief of Police or his or her designated representative shall grant the permit only if he or she finds that all of the following requirements have been met and that applicant accepts his or her liability as set forth in subsection B: 1. The required fees have been paid; 2. The applicant has obtained all other applicable federal, state, county and city permits or licenses, and is in good standing with the applicable issuing authority; 3. To the extent that the applicant may vend on private property, the applicant has obtained written permission of the private property owner and any applicable land use permits; 4. The application conforms in all respect to the provisions of this article; 5. The applicant has not knowingly made a material misrepresentation of fact in the application; 6. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five (5) percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle, or a natural person employed or contracted with to be a driver is not disqualified from holding a city permit or license under Section 5.08.030; 7. The applicant has complied with section 12.36.030 of this Code, if the applicant intends to vend or operate within the boundaries set forth in Section 12.36.020 of this Code; 8. The goods and/or services the applicant proposes to offer or sell from the vehicle are legal under both state and federal law. B. Insurance and Indemnification Provisions 1. Each permittee is solely responsible for any damage or liability occurring by reason of anything done or omitted to be done by the permittee or his or her agent, employee, servant or subcontractor, or in connection with any work, authority or jurisdiction delegated under any permit issued as a result of an application; and each permittee shall indemnify and hold harmless the City, its officers, agents, employees or servants from any and all loss and liability, including cost of defense and attorney fees, resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter. 2. It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle in the city for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food C5 - 5 Attachment 1 5 vending vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this chapter. 3. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any food vending vehicle with the consent, expressed or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property going out of the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars ($1,000,000.00), combined single limit, no aggregate. 4. Every insurance policy and every certificate of motor vehicle liability insurance filed within the city pursuant to the provisions of this article shall contain the following endorsements: (1) This policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the feasor or the insured. (2) There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon. (3) No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty (30) days after written notice of such cancellation or reduction in coverage shall have been given to the Chief of Police. Said period of thirty (30) days to commence running from the date said notice is actually received in the office of the Chief of Police. C. If the Chief of Police or his or her designated representative finds that all of the requirements set forth in this Section have not been met, he or she shall deny the application for a vendor's permit. In the event the application for the permit is denied by the Chief of Police or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Any applicant whose application for a permit under this section has been denied may appeal such denial to the City Council as provided by Chapter 1.20 of this Code. C5 - 6 Attachment 1 6 5.16.040 Prohibited conduct. A. No person shall vend from a vending vehicle which is stopped, parked or standing on any public street, alley or highway: 1. Within a posted elementary or middle school zone while children are going to, or leaving the school, and during school hours; 2. When the vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code; 3. Within any marked commercial loading zone; 4. When any part of the vending vehicle is open to prospective customers other than on the side of the vehicle that is positioned opposite the adjoining travel lanes of the street, alley or highway; 5. When the vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway; 6. When the prospective customer is standing or sitting in another vehicle; 7. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; 8. Within the boundaries set forth in Section 12.36.020 of this Code unless the vendor has complied with section 12.36.030 of this Code; 9. Within any residential zone between the hours of 7:00 p.m. and 7:00 a.m.; 10. When the posted speed limit on the public street, alley, or highway is greater than thirty-five (35) miles per hour; 11. Unless otherwise authorized or restricted as part of the permit, within a distance as established in the table below from any of the following facilities: intersections, midblock pedestrian crossings, driveways, or bus stops; Roadway Speed Limit Distance from Facility 20 mph 125’ 25 mph 150’ 30 mph 200’ 35 mph 250’ 12. On any public sidewalk or pathway. B. No person shall back a vending vehicle to make or attempt to make a sale. C. No vending vehicle shall be operated in any one (1) location for longer than the posted parking time limit. D. Vending is prohibited out of the front, rear, or traffic side of the vehicle. E. Tables and chairs are not allowed in the public right-of way. F. Lighting shall comply with the California Vehicle Code and the City’s Municipal Code (Section 17.23). G. Except as required to insure the safe operation of the vending vehicle while being operated on any public or private street, alley, or highway or public property, no person on a vending vehicle shall operate any horns, sound amplification systems or other sound- C5 - 7 Attachment 1 7 producing devices or music systems which can be heard outside of the vending vehicle when such vehicle is moving, stopped, standing, or parked for purposes of advertisement when such vehicle is being operated as a vending vehicle on any public or private street, alley or highway or on public property. H. All vending vehicles shall be equipped with solid waste containers large enough to contain all solid waste generated by the operation of such vehicle, and the operator of the vending vehicle shall pick up all solid waste generated by such operation within a fifty- foot radius of the vehicle before such vehicle is moved. I. Mobile vending on private property requires permission from the property owner and an administrative use permit approval (Municipal Code Section 17.08.010). Mobile vending on City property requires City approval in conjunction with a special event. 5.16.050 Permit—Suspension, Revocation. A. Any permit may be suspended or revoked by the Chief of Police or his or her designated representative for any of the following reasons: 1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based; 2. Failure of the permittee to notify the Chief of Police within two (2) weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based; 3. Failure of the permittee or of any employees or subcontractors of the permittee to comply with the regulations set forth; 4. A finding by the Chief of Police that issuance of the permit or continued operation under the permit presents a threat to the public safety. B. In the event the Chief of Police or his or her designated representative finds that any of the above grounds for permit revocation or suspension exist: 1. Written notice of proposed revocation or suspension of the permit shall be mailed to the permittee specifying the ground or grounds on which such proposed revocation or suspension is based. 2. The permittee shall be given no less than fifteen (15) days from the date of mailing of said notice in which to deliver a response in writing to the Chief of Police. Any response shall specify any and all facts or information the permittee believes should be considered by the Chief of Police prior to any revocation or suspension of the permit. C5 - 8 Attachment 1 8 3. If permittee does not timely respond to the notice provided, the revocation or suspension of the permit shall become effective on the sixteenth (16th) day following mailing of the notice. 4. If a timely response is received, the Chief of Police shall consider all information provided by the permittee and shall mail the final decision on any proposed revocation or suspension to the permittee within 10 days of receipt of permittee’s response. 5. Any permittee whose application for a vendor or operator's permit has been denied, revoked, or suspended may appeal the Chief of Police’s determination to the City Council as provided by Chapter 1.20 of this Code. 5.16.060 Fee for permit. Application for a permit shall be accompanied by a nonrefundable fee as established by the Council. The fee shall be in an amount sufficient fully to defray administrative cost incurred in the processing of an application, and shall not be in lieu of other fees or taxes, including business taxes, required by this code. (Ord. 1202 § 12, 1991) 5.16.070 Exceptions. The provisions of this chapter shall not apply to peddlers who travel along the streets of the city and who do not allow such cart, wagon, automobile or other vehicle to stand for a longer period than actually necessary to complete a sale as provided in Section 10.36.120. (Prior code § 6220.5) 5.16.080 Criminal conduct—Ineligibility for city licenses and permits. The provisions of Section 5.08.030 shall be applicable to this chapter. (Ord. 1202 § 15, 1991) SECTION 4. Section 10.36.120 (Peddlers, vendors – Unlawful Parking) of the City of San Luis Obispo’s Municipal Code is hereby amended to read as follows: 10.36.120 Peddlers, vendors—Unlawful parking. Except as otherwise provided in this section or in Chapter 5.16, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables, foodstuffs, or services are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street within this city, except that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. C5 - 9 Attachment 1 9 SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 19th day of November 2013, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 7th day of January 2014, on the following vote: AYES: NOES: ABSENT: Mayor Jan Marx ATTEST: Anthony Mejia City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney C5 - 10