Chapter 5.35 VENDORS AND SOLICITORS

The purpose of this chapter is to protect the health, safety, and welfare of the city of Fremont and its residents. This chapter is not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities that are commercial in nature. (Ord. 06-2021 § 1, 6-15-21.)

5.35.020 Definitions.

“Catering” means activity providing food or drink at a private event and is characterized by one person paying the vendor for all services and items provided rather than multiple sales at the same location.

“Certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.

“Charitable organization” means any organization exempt from taxation as provided by 26 U.S.C. § 501 and meeting all the requirements for the exemptions provided by 26 U.S.C. § 503.

“Charitable purpose” means any charitable, benevolent, humane, philanthropic, patriotic, or eleemosynary purposes of lobbying to influence legislative action or lobbying to persuade public officials or the purposes of instigating, prosecuting, or intervening in litigation.

“Charitable solicitor or vendor” means any person representing or organization exempt from taxation as provided by 26 U.S.C. § 501 and meeting all the requirements for the exemptions provided by 26 U.S.C. § 503 that conducts any of the actions of a solicitor or vendor.

“Chief of police” means the chief of police or his or her designee.

“Civic organization” means any local service club, veterans’ post, fraternal society or association, volunteer fire and rescue groups, police association, or civic league or association of 10 or more persons not organized for profit but operated exclusively for educational or charitable purposes as defined herein, including the promotion of community welfare, and the net earnings of which are devoted exclusively to charitable, educational, recreational or social welfare purposes. Civic organizations include but are not limited to Elks, Kiwanis, Lions, Boy or Girl Scouts.

“Contribution” means any gift, bequest, devise or other grant of money, credit, financial assistance or property of any kind of value, including the promise to contribute, except payments by the members of an organization for membership fees, dues, fines, or assessments, and except payments by members of an organization for services rendered to such member, and except money, credit, financial assistance or property received from any governmental authority. The term “contribution” shall not include any donation of blood or any gift made pursuant to the Uniform Anatomical Gift Act.

“Director” means the director of finance or his or her designee.

“Employee” means any person who drives or rides on an ice cream vending vehicle or a mobile vending vehicle or who works for or under the direction of, or on behalf of, or as an agent of the operator.

“Fundraising expenses” means the expenses of all activities that constitute or are an integral and inseparable part of a solicitation.

“Group site” or “group site vending” means the stationary operation of two or more mobile vending vehicles clustered together on a single site and operating at the same time.

“Group site mobile vending vehicle” means a mobile vending vehicle that is included in a group site vending permit to operate at a group site.

“Group site organizer” means the individual or legal entity who is directly responsible for organizing and/or conducting the group site and/or the facility manger, and his or her respective designees.

“Group site vending permit” means a vending permit for a group site.

“Headquarters/headquartered” means the place or building serving as the managerial and administrative center of an organization.

“Ice cream vending vehicle” means any motor vehicle requiring a license from the California Department of Motor Vehicles which is used to engage in curbside vending or sale of prepackaged frozen dairy or water-based food products, desserts, confections, or soft-serve or hand-dipped frozen dairy or water-based products, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age.

“Membership” means those persons to whom, for payment of fees, dues, or assessments, an organization provides services and confers a bona fide right, privilege, professional standing, honor or other direct benefit, in addition to the right to vote, elect officers, or hold offices. The term “membership” shall not include those persons who are granted a membership upon making a contribution as the result of solicitation.

“Midblock crosswalk area” means the sidewalk area which falls between the two lines 15 feet beyond each side of a marked midblock crosswalk area (identified by the crosswalk lines delineated on the street pavement) and perpendicular to the curb.

“Mobile vending cart” means a movable push or other nonmotorized cart, wagon or other similar vehicle that is operated by a vendor standing on the sidewalk.

“Mobile vending trailer” means a mobile trailer operated by a vendor standing on or within the frame of the trailer and not using a motor to move the trailer.

“Mobile vending vehicle” means a motorized vehicle operated by a vendor standing on or within the frame of the vehicle or a trailer that is attached and moved by another motor vehicle, except ice cream vending vehicles.

“Operator” means person(s) designated or employed by the owner to be in charge of the mobile vending vehicle or ice cream vending vehicle during all times that the owner is not personally managing the business.

“Owner” means and includes any of the following persons:

(1) The sole proprietor of a sole proprietorship operating a mobile vending vehicle or ice cream vending vehicle.

(2) Any general partner of a general or limited partnership that owns a mobile vending vehicle or ice cream vending vehicle.

(3) Any person who has an ownership interest in a corporation that owns a mobile vending vehicle or ice cream vending vehicle.

(4) Any person who is a member of a limited liability company that owns a mobile vending vehicle or ice cream vending vehicle.

(5) All owners of any other type of business association that owns a mobile vending vehicle or ice cream vending vehicle.

“Parent organization” means that part of a charitable organization which coordinates, supervises or exercises control over policy, fundraising, and expenditures, or assists or advises one or more chapters, branches or affiliates.

“Permittee” means any person who obtains a permit pursuant to this chapter.

“Person” means a corporation, partnership, charitable organization, a parent organization, a civil organization, or an individual, including an employee or agent of a group of individuals, partnership, or corporation.

“Professional fundraising counsel” means any person who for a flat fixed fee under a written agreement plans, conducts, manages, carries on, advises or acts as a consultant, whether directly or indirectly, in connection with soliciting contributions for, or on behalf of, any charitable or civic organization, but who actually solicits no contributions as a part of such services. A bona fide salaried officer or employee of a registered parent organization shall not be deemed to be a professional fundraising counsel.

“Professional solicitor” means any person who, for financial or other consideration, solicits contributions for, or on behalf of, a charitable or civic organization whether such solicitation of contributions is performed personally or through his/her agents, servants, or employees, or through agents, servants or employees specially employed by, or for a charitable or civic organization who are engaged in the solicitation of contributions under the direction of such person, or any person who, for financial or other consideration, plans, conducts, manages, carries on, advises or acts as a consultant to a charitable or civic organization in connection with the solicitation of contributions but does not qualify as a professional fundraising counsel. A bona fide salaried officer or employee of a registered or exempt charitable organization or a bona fide salaried parent organization or an employee of a government agency shall not be deemed a professional solicitor.

“Sidewalk” means that portion of the public right-of-way which is between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians in public places of the city of Fremont.

“Sidewalk vending” means the peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart by a vendor to persons on the public right-of-way including sidewalks.

“Site” means the specific public or private property location, including any public right-of-way, for which an applicant or responsible party has been issued a vending permit.

“Solicitor” means a person who is taking or attempting to take orders for the sale of food, beverages, goods, merchandise or services or donations of money, food, clothing, other property or a loan of money or property.

“Special event” means all events defined in Chapter 12.25.

“Stationary” means a mobile vending cart, trailer, vehicle, or vending activity which stays in the same location for more than five minutes in a two-hour period while vending.

“Street corner area” means the sidewalk area at the intersection of two streets, circumscribed by curbs, the property lines abutting the sidewalk area, and the line including the point along the curb of the street either 15 feet from the outside line of a corner crosswalk or, where there is no marked crosswalk, 25 feet from the curb line on the mid-point of the intersecting streets.

“Street vending” means the peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending trailer or vehicle situated on the public rights-of-way between the curb lines by a vendor to persons on the sidewalk.

“Vendor” means any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders or sell food, beverages, goods, services, or merchandise. The word “vendor” shall include the words “hauler,” “huckster” and “peddler.” (Ord. 06-2021 § 1, 6-15-21.)

5.35.030 Permits required.

(a) It shall be unlawful for any person to sell, vend, or solicit or to employ another in such business within the city without first obtaining a vending permit issued by the director or chief of police in compliance with the provisions of this chapter. All vendors or solicitors must meet all applicable city, state, and federal law and licensing requirements to be issued and continually maintain a vending permit.

(b) It shall be unlawful for any charitable or civic organization, except as otherwise provided herein, to solicit contributions, have funds solicited on its behalf, to engage in such business or act within the meaning and application of this chapter within the city without first obtaining a charitable solicitation permit issued by the director or chief of police in compliance with the provisions of this chapter. (Ord. 06-2021 § 1, 6-15-21.)

5.35.040 Exceptions.

The provisions of this chapter shall not apply to:

(a) Any sales under court order;

(b) Catering activity;

(c) Vendors or solicitors who exclusively sell to, or solicit orders for future delivery from, local retailers, local businesses, local governments, local schools, or local wholesale businesses;

(d) The city of Fremont employees conducting city business;

(e) The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

(f) Educational institutions that are accredited by the California Board of Education;

(g) A civic organization whose headquarters is located in the city;

(h) Any political group seeking funds or membership;

(i) Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two separate sales in one calendar year, not to exceed three days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;

(j) Any activity conducted pursuant to a special events permit or a permitted farmers’ market;

(k) Organizations which solicit solely within the membership of the organization by the members thereof;

(l) All veterans qualifying under the California Business and Professions Code. (Ord. 06-2021 § 1, 6-15-21.)

5.35.050 Permit expiration and renewal.

(a) Unless renewed as described below, each permit issued pursuant to this chapter shall be valid for 12 months from the month of issuance, and expire and become null and void annually on the anniversary of its month of issuance.

(b) A permit issued pursuant to this chapter may be renewed by submitting an application on a form provided by the city 60 calendar days prior to the expiration of the active permit. All renewal applications shall be filed with the department of finance, revenue division or police department pursuant to procedures established in this chapter and/or in the administrative guidelines to this chapter. All permits that are renewed on an annual basis shall continue to be evaluated according to the standards that applied at the time of the initial permit issuance, including background check and vehicle inspection, if applicable. (Ord. 06-2021 § 1, 6-15-21.)

5.35.060 Permit nontransferable and not a land use entitlement.

Any permit issued under this chapter cannot be transferred or conveyed from the permit applicant or otherwise assigned to another person or entity. No city action related to issuance and/or renewal of any permit under this chapter shall be interpreted to confer any form of permanent land use entitlement to the person, group, entity, or property associated with such permit. (Ord. 06-2021 § 1, 6-15-21.)

5.35.070 Business tax certificate required.

The requirements of this chapter shall be in addition to any business tax requirements imposed pursuant to Chapter 5.05. (Ord. 06-2021 § 1, 6-15-21.)

5.35.080 Administrative regulations.

The city manager or his/her designee is hereby authorized to adopt rules and regulations consistent with this chapter as needed to implement this chapter, subject to the review and approval of the office of the city attorney, and to develop all related forms and/or other materials and take other steps as needed to implement this chapter, and make such interpretations of this chapter as he or she may consider necessary to achieve the purposes of this chapter. (Ord. 06-2021 § 1, 6-15-21.)

5.35.090 General restrictions.

All permittees under this chapter are subject to the following restrictions:

(a) No permittee hereunder shall have any exclusive right to any location in a public street or sidewalk, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. This permit does not preclude the issuance of a special events permit or other permits for events in public parks or the granting of permission to sell and/or operate on private property by its owners.

(b) Every permittee, at all times while engaged in vending or soliciting, shall have in his/her immediate possession the permit issued under the provisions of this chapter and when so vending or soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the vendor or solicitor is vending or soliciting. Every vehicle used for vending or soliciting shall display the permit issued pursuant to this article in a conspicuous place on said vehicle.

(c) All mobile vending carts, trailers, and vehicles, and any other items associated with vending activity must be removed from public property during nonvending hours.

(d) No stationary vendor, mobile vending cart, trailer, or vehicle or other stationary vending activity shall be located:

(1) In any residential district;

(2) Within 500 feet of any public or private K-12 school;

(3) Where clear pedestrian passage on the public sidewalk is less than four feet wide;

(4) Within 15 feet of any fire hydrant or bus stop;

(5) On the portion of a public sidewalk crossed by a public or private driveway or within 10 feet of either side of the driveway;

(6) Within any street corner area or midblock crosswalk area;

(7) In such a way that would restrict the ingress to or egress from the adjoining property;

(8) In a manner in which the movement or visibility of vehicles using the street or other public right-of-way is obstructed;

(9) Within 500 feet of a freeway entrance or exit; or

(10) Within 200 feet of a permanent food facility during that facility’s operating hours, if the permittee is selling food items.

(e) Unless otherwise provided in this chapter, mobile vending carts, trailers, or vehicles shall not be placed within 50 feet of another mobile vending cart, trailer, or vehicle.

(f) Mobile vending carts, trailers, or vehicles shall not be locked or chained to a parking meter, tree, street light or other street furniture.

(g) Mobile vending carts, trailers, and vehicles shall not be left unattended on city streets or sidewalks for more than 15 consecutive minutes.

(h) Unless otherwise provided in this chapter, utility service connections are not permitted. Electrical power supply lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. City street light facilities shall not be used in any way to supply electrical service to a vending site, unless otherwise provided in this chapter.

(i) Vendors, solicitors, and temporary merchants shall keep the area of operation free of debris. Permittees selling food or beverages must provide trash receptacles and waste removal adjacent to or as a part of their operations. All spilled food, beverages, grease, or other trash or debris accumulating within 20 feet of any mobile vending cart, trailer or vehicle shall be cleaned and collected by the permittee and deposited in the permittee’s trash receptacle. The permittee is prohibited from depositing its waste, ice, and any grey or waste water into sidewalk waste receptacles, privately owned dumpsters, city planters, gutters or the street drainage system.

(j) Mobile vending carts, trailers, or vehicles shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public right-of-way where the cart, trailer, or vehicle is located. The permittee or permittee’s employees shall be responsible for the cleaning and repair of any public right-of-way soiled, stained, or damaged by the placement and operation of their mobile vending operations. (Ord. 06-2021 § 1, 6-15-21.)

5.35.100 Health and sanitary requirements.

If applicable, all permittees shall obtain a health permit from the Alameda County department of environmental health (ACEH). The ACEH permit shall be displayed conspicuously at all times on the permittee’s mobile vending cart, trailer, or vehicle or person. Evidence of such health permit shall be made available to the city as part of the permit application or renewal process. (Ord. 06-2021 § 1, 6-15-21.)

5.35.110 Mobile vending cart, trailer, and vehicle standards.

(a) Mobile vending carts, trailers, and vehicles must be designed and built meeting normal industry standards and used in a safe manner.

(b) A mobile vending cart frame must not exceed five feet wide by six feet long by seven feet high, and must be able to be pushed or pulled by one person. The mobile vending cart must have a minimum of two functional rubber-tired wheels. The braking mechanism on the mobile vending cart shall be affixed in such a manner that it is not readily removable in order to secure the cart when parked on the sidewalk. The use of ropes and chocks as the sole braking mechanism is prohibited.

(d) Vehicle or trailer-mounted generators must be powered by propane only. No mobile vending vehicle or trailer shall carry more than two five-gallon containers of propane on a public right-of-way. Generators and propane shall not be placed on the ground.

(e) Mobile vending vehicles and trailers using a BBQ grill must enclose the grill and permanently build the grill into the structure of the vendor trailer or vehicle, and comply with all California Vehicle Code requirements.

(f) A current 2A:20BC fire extinguisher shall be readily available on all mobile vending carts, trailers or vehicles. A five-pound “K” class hand-held fire extinguisher is required if a solid fuel or deep fat frying appliance is used.

Trailers or vehicles with fixed extinguishing systems shall maintain such systems in accordance with the California Mechanical and Fire Codes. Records of inspections shall be available on the vehicle and current service tags shall be present on the equipment.

(g) Support equipment and accessories, other than the generator and the propane tanks, must not extend more than four feet from the edge of the cart, trailer, or vehicle in any direction and shall not be placed so as to impede vehicle or pedestrian traffic. Umbrellas, canopies, or other covers used on mobile vending carts, trailers, or vehicles must be securely fastened. Its open diameter may not exceed nine feet with a minimum vertical clearance of seven feet, eight inches and must not extend more than four feet from the edge of the cart, trailer, or vehicle in any direction.

(h) Unsecured menu boards or sidewalk signs are prohibited.

(i) Mobile vending carts, trailers, and vehicles shall have a clean appearance at all times. (Ord. 06-2021 § 1, 6-15-21.)

5.35.120 Farmers’ market and special event restrictions.

Permittees shall not be located within the immediate vicinity of a permitted certified farmers’ market, permitted swap meet, or special event during the operating hours of that event. (Ord. 06-2021 § 1, 6-15-21.)

Article II. Nonmotorized Vendors and Solicitors

5.35.130 Application.

(a) Any solicitor or vendor who will not use a motorized vehicle to sell or solicit must apply for a vending permit under this chapter with the finance department, revenue division, using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license or other government-issued photo identification card of the applicant;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;

(3) A brief description of the nature of the applicant’s business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application;

(4) If employed, the name and address of the applicant’s employer and the exact relationship between the applicant and the applicant’s employer;

(5) The intended location of the vending or soliciting activities;

(6) Two passport-quality photographs of the applicant, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(7) If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the director finds reasonably necessary;

(8) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, sex crime, misrepresentation, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(9) A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(10) A statement whether or not the applicant has suffered revocation of any required permit;

(11) Agreement by the applicant to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s vending location;

(12) If the applicant is a minor under the age of 16 years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(13) If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(14) Proof of compliance with Chapter 5.05;

(15) Evidence of general liability insurance in a form and at levels of coverage acceptable to the city;

(16) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

(b) All applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 06-2021 § 1, 6-15-21.)

5.35.140 Background check.

(a) Application for Background Check. Each applicant for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s information is complete;

(2) The owner has not made a material false statement;

(3) The owner has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(4) The background check does not reveal any information or findings relevant to vending or soliciting that indicate unsuitability due to public safety interests or concerns. (Ord. 06-2021 § 1, 6-15-21.)

5.35.150 Hours of operation.

All nonmotorized vending permittees shall be allowed to engage in their permitted business only between 8:00 a.m. and one half-hour after sunset in residentially zoned areas. In commercial and industrial zoned areas, nonmotorized vending permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday until 2:00 a.m. on the following day. All nonmotorized vending permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Friday and Saturday until 3:00 a.m. the following day in commercial and industrial zoned areas. (Ord. 06-2021 § 1, 6-15-21.)

Article III. Motorized Vendors and Solicitors

5.35.160 Application.

(a) Any owner who will use a motorized vehicle to sell or solicit must apply for a vending permit under this chapter with the finance department, revenue division, using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license of the owner and operator of the mobile vending vehicle;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the owner and operator of the mobile vending vehicle;

(3) A brief description of the nature of the owner’s business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application;

(4) If the owner will employ other individuals to work on the mobile vending vehicle, the name and address of the owner’s employees and the exact relationship between the applicant and the other individuals. If the employees change, the owner must notify the director within five business days;

(5) The intended location, days and hours of the vending or soliciting activities and if the location is on private property written consent in a form approved by the city from the property owner, if different from the owner, authorizing the vending facility or group site to locate on the property; or, if owned by the applicant, proof of ownership;

(6) Number of motorized vehicles intended to be used for vending or soliciting, along with a copy of the current registration of each vehicle;

(7) Whether the applicant intends to operate an open-air barbecue at such locations;

(8) Location of the restroom facility required by this article and if the restroom facility required by this article is on private property, a copy of an enforceable contact between the private property owner and the owner allowing the owner and the employees to utilize such facilities on the day(s) and hours of operation;

(9) Location of any utility hook-ups or connections to be used by the mobile vending vehicle;

(10) A statement as to whether or not the owner or operator has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, misrepresentation, sex crime, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(11) A statement whether or not the owner or operator has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(12) A statement whether or not the owner or operator has suffered revocation of any required permit;

(13) Agreement by the owner to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the owner’s vending location;

(14) If the owner or an employee working on behalf of the owner is a minor under the age of 16 years old and employed, transported or supervised by another, the owner must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(15) If the application involves the sale of food, produce, or any other item intended for human consumption, the owner must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(16) Proof of compliance with Chapter 5.05;

(17) Evidence of general liability and automobile insurance in a form and at levels of coverage acceptable to the city;

(18) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

5.35.170 Group site vending permits.

A person may apply for a group site vending permit on behalf of the participating owners of mobile vending vehicles so that a group site vending permit authorizes two or more mobile vending vehicles to operate at the same time at the same location without requiring a vending permit for each mobile vending vehicle. The application for a group site vending permit shall include the items in Section 5.35.160, and the following additional information:

(a) Legal and business name, employee names, and mailing address for each vendor that will sell or solicit at the group site. If the vendors selling or soliciting at the group site change from those listed on the application, the permittee shall notify the city of any vendor or solicitor changes one week prior to the vendor or solicitor selling or soliciting at the group site.

(b) Designation of a manager(s) to be responsible for the day-to-day site management of the group site.

(1) The proposed location(s);

(2) The address and Assessor’s Parcel Number of the location(s) for the group site or nearest parcel, and/or specific section of the public right-of-way in a designated parking space;

(3) The two nearest street intersections.

(d) A site plan for each proposed location, containing:

(1) If on a parcel, the location and dimensions of all proposed mobile vending vehicle(s), any public seating or other site amenities (including chairs and tables), buildings or other structures on site, paved areas, driveways, trash and recycling receptacles, garages, restroom facilities, utility hook-ups or connections, parking spaces, maneuvering aisles, and pavement striping;

(2) If in the public right-of-way, location and dimensions of the proposed mobile vending vehicle(s), sidewalks, curb cuts, trash and recycling receptacles, and obstructions such as parking meters, telecommunication boxes, street trees, and light poles.

(e) The proposed schedule for the individual mobile vending vehicle or group site, including dates, and starting and ending times of the vending period;

(f) Maintenance plan, including litter pickup and cleaning in the vicinity of the individual mobile vending vehicle or group site;

(g) The address where the mobile vending vehicle(s) will be stored and serviced during nonoperating hours. (Ord. 06-2021 § 1, 6-15-21.)

5.35.180 Background check.

(a) Application for Background Check. Each owner and operator of a mobile vending vehicle or the group site organizer and manager(s) designated in the application for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s or operator’s information is complete;

(2) The owner or operator has not made a material false statement;

(3) The owner or operator has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, sex crimes, or a crime involving moral turpitude;

5.35.190 Appearance and operating standards.

(a) All mobile vending vehicles and group sites shall clearly display a current city business tax certificate, Alameda County environmental health permit (and decal), if applicable, and vending permit in plain view and at all times on the exterior of the mobile vending vehicle or at the group site.

(b) Utilities. Individual vending facilities and group sites shall either be entirely self-sufficient in regards to gas, electricity, water, and telecommunications, or the mobile vending vehicle shall be required to apply for appropriate building permits for any utility hook-ups or connections to on-site utilities to ensure building and public safety and consistency with applicable building codes.

(1) The mobile vending vehicle owner or operator or group site organizer shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any fat, oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private lot of land in the city, so that the same might be or become a pollutant.

(2) A minimum of three adequately sized receptacles, one for trash, one for recycling, and one for compostable materials, shall be within 15 feet of each individual mobile vending vehicle for customers and employees.

(3) Individual mobile vending vehicle and group site organizers shall maintain the subject site and adjacent public right-of-way free of litter on and within 50 feet of the mobile vending vehicle or group site.

(4) At a minimum, all refuse shall be removed from the individual mobile vending vehicle location or group site, and properly disposed of after each vending period.

(5) Failure to adequately clean up after a vending operation date shall be grounds for denying an applicant’s request for permit renewal as set forth in Section 5.35.050.

(d) Seating, Chairs and Tables. Depending on site size, configuration and location, a plan for site amenities, including but not limited to tables and chairs, restroom facilities, and/or temporary shade structures, may be permitted in conjunction with the operation of a vending site. A site plan depicting the proposed location of any site amenities shall be submitted for review and approval in conjunction with a vending permit application.

(e) Performance Standards.

(1) An owner of a mobile vending vehicle must designate or employ an operator to be in charge of the mobile vending vehicle at all times when the owner is not personally conducting business at the mobile vending vehicle.

(2) Noise and odors from a mobile vending vehicle shall be contained within the immediate area of the permitted vending location.

(3) The owner or operator or group site organizer shall maintain site circulation for pedestrians and access consistent with the Americans with Disabilities Act.

(4) Mobile vending vehicles, including group sites, that vend in one location for more than an hour shall provide access to accessible restroom facilities for their customers.

(f) Security.

(1) The site shall be maintained in a safe and clean manner at all times.

(2) A mobile vending vehicle and group sites shall have adequate lighting to ensure customer safety. Lighting shall be directed downwards and away from public streets and adjacent properties.

(3) If vending alcohol, security may be required by the director or chief of police.

(g) Other Requirements.

(1) A mobile vending vehicle shall be maintained in good, proper, and legal operating condition at all times, and shall be movable at all times.

(2) All mobile vending vehicles must be removed from their operating site every night. No mobile vending vehicle shall become a permanent fixture on the site and shall not be considered an improvement to real property.

(3) If applicable, the vendor shall maintain a valid Alameda County environmental health (ACEH) permit at all times. If the ACEH permit expires, or is suspended or revoked, then all food sales shall cease until the permit is reinstated.

(4) The organizer of a group site or their manager shall be personally present at all times during group site operations.

(5) The owner or the operator of a mobile vending vehicle shall be personally present at all times during vending.

(6) Proof of liability insurance in the amount required by the city shall be maintained by the individual food vendor or group site organizer.

(7) The posting of the vending permit at the group site is required at all times.

(8) A mobile vending vehicle owner or operator or group site organizer or manager shall have a working telephone where he/she can be reached directly at all times during vending and that telephone number shall be listed on the application. Any change in that telephone number shall be provided to the director before vending operations commence.

(9) The vending site shall be paved.

(10) Only persons including the owner, operator, employee, or volunteer listed in the application shall work on the mobile vending vehicle. (Ord. 06-2021 § 1, 6-15-21.)

5.35.200 Street vending restrictions.

In addition to the restrictions and qualifications contained in this chapter, mobile vending vehicles vending on a public street must at all times be parked in a legal manner. Vending operations shall be conducted only to pedestrians on sidewalks. No service to the public shall be made from the street side of the vehicle(s). No vending may occur when the mobile vending vehicle is parked in a diagonal parking spot. (Ord. 06-2021 § 1, 6-15-21.)

5.35.210 Hours of operation.

The regular permitted hours of operation for all individual mobile vending vehicles and group sites are 5:00 a.m. to 3:00 a.m. (Ord. 06-2021 § 1, 6-15-21.)

Article IV. Ice Cream Vendors

5.35.220 Application.

(a) Any owner who will use an ice cream vending vehicle to sell or solicit must apply for a vending permit under this chapter with the police department using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license of the owner and operator of the ice cream vending vehicle;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the owner and operator of the ice cream vending vehicle;

(3) A brief description of the nature of the owner’s business and of the food, goods, wares, and merchandise that are the subject of the application;

(4) If the owner will employ other individuals to work on the ice cream vending vehicle, the name, birth date, address, and driver’s license of the owner’s employees and the exact relationship between the applicant and the other individuals. If the employees change, the owner must notify the chief of police within five business days;

(5) The intended location, days and hours of the vending activities;

(6) Number of motorized vehicles intended to be used for vending, along with a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the chief of police finds reasonably necessary;

(7) A statement as to whether or not the owner or operator has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud misrepresentation, sex crimes or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(8) A statement whether or not the owner or operator has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(9) A statement whether or not the owner or operator has suffered revocation of any required permit;

(10) Agreement by the owner to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the owner’s vending location;

(11) If the owner or an employee working on behalf of the owner is a minor under the age of 16 years old and employed, transported or supervised by another, the owner must provide proof of registration with the State Labor Commission, pursuant to California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(12) A valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(13) Proof of compliance with Chapter 5.05;

(14) Evidence of general liability and automobile insurance in a form and at levels of coverage acceptable to the city;

(15) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

5.35.230 Background check.

(a) Application for Background Check. Each owner, employee and operator of a ice cream vending vehicle applying for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s, operator’s, or employee’s information is complete;

(2) The owner, operator or employee has not made a material false statement;

(3) The owner, operator, or employee has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, sex crimes or a crime involving moral turpitude;

5.35.240 Appearance and operating standards.

(a) All ice cream vendors operated by the operator shall be inspected annually and certified by the chief of police or his or her designee.

(b) The operator shall maintain each ice cream vending vehicle in such condition that:

(1) All doors, windows, hood and trunk shall open and close securely;

(2) The inside of the ice cream vending vehicle shall be clean and free of litter and trash;

(3) There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;

(4) The exterior of the ice cream vending vehicle shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the vending vehicle;

(5) Advertising decals and price lists shall be placed only on the vending side of ice cream vending vehicles and shall use a maximum area of 24 square feet.

(c) The operator shall have and maintain in clean operating condition on each ice cream vending vehicle the operator operates the following safety equipment:

(1) Signs painted or mounted on the front and back of each ice cream vending vehicle and clearly legible form a distance of 100 feet under daylight conditions. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and “WARNING” in English. Each sign shall be at least 12 inches high by 48 inches wide with letters of a dark color and at least four inches in height, a one-inch-wide solid border, and a sharply contrasting background.

(2) Standard warning flashers.

(3) Any other safety equipment required by the California Vehicle Code.

(d) Each operator shall maintain an identification number, provided by the chief of police, painted or placed on the sides and back of each ice cream vending vehicle. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of 10 feet. (Ord. 06-2021 § 1, 6-15-21.)

5.35.250 Street vending restrictions.

(a) Sales from ice cream vending vehicles shall be limited to local residential streets that have 25 miles per hour speed limits or less.

(b) The parking restrictions in this chapter that apply to persons who vend from mobile vending vehicles shall apply to operators and employees under this article.

(c) No sales shall be made while an ice cream vending vehicle is parked within 100 feet of any intersection with any public street with a posted speed limit over 25 miles per hour.

(d) The standard warning flashers shall be in operation immediately upon the ice cream vending vehicle stopping to vend and cease operation as the ice cream vending vehicle begins to move after vending.

(e) No person shall stop to vend from an ice cream vending vehicle within 200 feet of another ice cream vending vehicle that has already stopped to vend or if the vendor does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic on the highway. (Ord. 06-2021 § 1, 6-15-21.)

5.35.260 Hours of operation.

Sales from ice cream vending vehicles shall be limited to the hours of 10:00 a.m. to one-half hour after sunset. (Ord. 06-2021 § 1, 6-15-21.)

5.35.270 Noise restrictions.

(a) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle when the ice cream vending vehicle is stationary.

(b) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle after 7:00 p.m. or one-half hour after sunset, whichever occurs first.

(c) No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream vending vehicle in such a manner as to create a disturbance of the peace.

(d) The chief of police may set reasonable restrictions on the type and use of any amplifier, loudspeaker, or any other instrument or device for the production of sound employed on an ice cream vending vehicle in order to prevent a disturbance of the peace. (Ord. 06-2021 § 1, 6-15-21.)

Article V. Charitable Vendors and Solicitors

5.35.280 Application.

(a) Applicants for a permit under this article must file with the finance department, revenue division, a sworn application in writing on a form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license or other state-issued photo identification card of the applicant;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;

(3) Name, address and telephone number of the charitable purposes organization(s) for which the applicant intends to solicit contributions or engage in the conduct of a charitable vendor or solicitor;

(4) Name, birth date, and driver’s license or other state-issued photo identification card of each person who will engage in the conduct of a charitable vendor or solicitor pursuant to the permit;

(5) If the applicant is a minor under the age of 16 years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(6) Two passport-quality photographs of each person who will engage in the conduct of charitable vendor or solicitor, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(7) Item(s) or services to be sold for charitable purposes, if applicable;

(8) The name and addresses of the person or persons who will be in direct charge of conducting the solicitation and the names of all professional fundraising vendors and/or solicitors connected or to be connected with the proposed solicitation and/or vending;

(9) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, misrepresentation, sex crimes, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(10) A letter from each charitable purposes organization set forth in subsection (a)(3) of this section certifying the applicant’s authority to engage in the conduct of charitable vendor or solicitor on behalf of the charitable purposes organization;

(11) If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the director finds reasonably necessary;

(12) A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(13) A statement whether or not the applicant has suffered revocation of any required permit;

(14) Agreement by the applicant to indemnify and hold harmless the city, its officers, employees, and elected officials from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant;

(15) Proof of compliance with Chapter 5.05;

(16) Evidence of general liability insurance in a form and at levels of coverage acceptable to the city;

(17) A statement as to whether any person intending to engage in the conduct of charitable vendor or solicitor under a permit issued pursuant to this chapter is a commercial fundraiser for charitable purpose, and, if so, documentation from the California Attorney General that the applicant has complied with the requirements of Cal. Gov’t Code § 12599, or its successor; and

5.35.290 Copy of permit to be provided – Vendor or solicitor identification required.

(a) Every charitable or civic organization required to obtain a permit pursuant to this article shall provide a copy of its permit to every employee, volunteer, or charitable or professional solicitor soliciting or attempting to solicit contributions or vendor selling merchandise on its or their behalf.

(b) Every charitable or professional solicitor or vendor who solicits contributions or sales of the public in person shall at all such times as he or she makes such solicitations or sales wear an identification badge or card visible to the public issued by the city. The identification badge shall contain a picture of the charitable or professional solicitor or vendor not less than two inches square, the name of the individual solicitor or vendor, the name, local address and local telephone number of the charitable or civic organization, and a brief statement of the purpose(s) to which the contribution will be put. In the case of a professional solicitor or vendor, the badge or card must also include the words “paid professional solicitor” or “paid professional vendor” in boldface type not less than twice the height and stroke width of any other type on the card or badge and as a minimum shall be at least three-eighths inch high and one-eighth inch wide. (Ord. 06-2021 § 1, 6-15-21.)

5.35.300 Required disclosures by professional solicitors or vendor.

A professional solicitor or vendor shall fully disclose to any prospective donor, before requesting any contribution or receiving any contribution, the minimum percentage of any amount contributed which will be received by the charitable organization for its own use after the charges and expenses of the professional solicitor or vendor and any professional counsel are deducted. Provided, if such percentage to the charitable organization is at least 70 percent, no such disclosure need be made. (Ord. 06-2021 § 1, 6-15-21.)

5.35.310 General operating requirements.

Charitable solicitors or vendors shall comply with the following:

(a) A person shall only engage in the conduct of charitable solicitor or vendor after 8:00 a.m. and before one-half hour after sunset in residentially zoned areas. In commercial and industrial zoned areas charitable solicitor or vendor permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday until 2:00 a.m. on the following day. All charitable solicitor or vendor permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Friday and Saturday until 3:00 a.m. the following day in commercial and industrial zoned areas.

(b) Permit holders shall comply with all state and federal laws and all local ordinances, including the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Cal. Gov’t Code § 12580 et seq.), or its successor. (Ord. 06-2021 § 1, 6-15-21.)

Article VI. Grant, Denial, Revocation, Suspension and Appeal

5.35.320 Denial of a vendor permit.

(a) The director or chief of police may deny a permit application submitted pursuant to this chapter for one or more of the following reasons:

(1) The application is incomplete and the required supplementary documents were not submitted within 20 days of a request for these documents by the director or chief of police or the application fee was not submitted. An applicant whose application is denied for failure to comply with this subsection is not eligible to reapply for one year;

(2) The applicant made a material misstatement or omission in the application or in a previous application. If the director or chief of police finds substantial evidence that an application contains a knowing or intentional material misstatement or omission, the director must deny the application. If the director or chief of police determines that an applicant made a material misstatement or omission, the applicant is not eligible to apply for a permit under this chapter for one year from the date the application is denied, but if the applicant made a knowing or intentional material misstatement or omission, the applicant is not eligible to reapply for five years;

(3) The mobile vending cart, trailer, or vehicle, as proposed by the applicant, would not comply with all applicable laws including, but not limited to, the provisions of this code; or

(4) The applicant, or any shareholder, partner, or member of the applicant, operator, employee, or volunteer within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of a violation of any municipal, state or federal laws, except for minor traffic violations.

(b) Notice of Denial – Appeal. If an application for a permit issued pursuant to this chapter is denied pursuant to this section, the director or chief of police shall serve on the applicant by first class mail, postage prepaid, a written notice of denial which shall specify the grounds for the denial and shall indicate the appeal procedures as set forth in this article. (Ord. 06-2021 § 1, 6-15-21.)

5.35.330 Suspension or revocation of a vendor permit.

(a) In addition to any other remedy available to the city under this code or state law, a permit issued pursuant to this chapter may be suspended or revoked by the director or chief of police where it is found by substantial evidence that any of the following have occurred:

(1) The permittee, or any employee of the permittee, has been found to have violated any provision of this chapter; or

(2) Any of the conditions for denial of a permit as listed in Section 5.35.320 would apply; or

(3) The permittee or any employee working on behalf of permittee has engaged in fraud, misrepresentation, sex crime, theft, possession of stolen property, the sale of narcotics, or moral turpitude or has knowingly made a misstatement of material fact while working in or for the permittee; or

(4) The permittee has continued to vend or solicit after the permit has been suspended; or

(5) Vending or soliciting in an unlawful manner or in such a manner which is detrimental to public health, safety or the general welfare of the public.

(b) The director or chief of police, before revoking or suspending any vending permit, shall give the permittee at least 10 calendar days’ written notice of the revocation or suspension. The notice must state the effective date of the suspension or revocation, the length of any suspension imposed, the alleged grounds for the revocation or suspension and indicate the appeal procedures as set forth in this article. Notice required under this section must be served on the permittee in person or by certified mail at the most recent home or business address on file. Notwithstanding the foregoing, the director or chief of police may immediately suspend a permit where the public health, safety, and welfare are in immediate danger.

(c) If the permittee is not also the legal owner of the real property on which the vending occurs, notice of such revocation shall be provided by the director or chief of police to the owner of record of the property as shown on the latest county assessment roll. (Ord. 06-2021 § 1, 6-15-21.)

5.35.340 Appeal.

(a) Written Appeal. If a permittee wishes to contest a proposed suspension or revocation or denial, he or she must request a hearing within 14 calendar days after receiving notice of the intended revocation or suspension or denial. The request must be served on the city clerk by mail or in person. If a permittee fails to timely or properly serve a hearing request, he or she waives the right to a hearing before suspension, revocation, or denial.

(b) Hearing. If a hearing request is timely and properly served, a hearing must be held before a hearing officer. A hearing officer designated by the city manager or his/her designee shall preside at the hearing. The hearing officer’s jurisdiction is limited to determining whether substantial evidence exists to provide grounds as specified in this chapter for suspension, revocation, or denial of the permit. If the hearing officer finds that grounds do not exist for revocation but do exist for suspension, the hearing officer must order the permit suspended. The hearing officer’s duties are to:

(1) Receive evidence regarding the proposed suspension, revocation, or denial;

(2) Preserve the evidence whether or not it is admitted;

(3) Record the hearing on audio tape and preserve the tape for the record;

(4) Decide whether grounds exist for the denial, suspension or revocation of the vending permit.

Both the permittee and the city have the right to appear and be represented by counsel, cross-examine witnesses, and present evidence and arguments whether good cause exists for suspension, revocation, or denial.

(c) Notice of Decision. Within 14 business days following the hearing, the hearing officer must issue a written decision that states whether the permit is denied, suspended, revoked, or that no grounds exist to deny, suspend, or revoke the permit, the factual and legal basis for the decision, and a notice that the permittee may appeal any suspension or revocation as described in subsection (d) of this section. The decision of the hearing officer must be served on the permittee by certified U.S. mail. The hearing officer’s decision is effective on the date the decision is mailed to the parties.

(d) Appeal. The hearing officer’s decision is subject to review under Cal. Code of Civ. Proc. § 1094.6. Any request for review must be filed within 90 days of mailed service of the hearing officer’s decision. The city council hereby expressly makes Cal. Code of Civ. Proc. § 1094.6 applicable to all proceedings for review of decisions under this chapter. (Ord. 06-2021 § 1, 6-15-21.)

Article VII. Enforcement

5.35.350 Permittee responsibility.

For the purpose of enforcing the requirements of this chapter, the permittee shall be responsible for the conduct of all employees, agents, volunteers, and other representatives, while conducting activities for which the permit under this chapter was obtained. (Ord. 06-2021 § 1, 6-15-21.)

5.35.360 Unlawful conduct.

No permittee hereunder shall:

(a) Fail to comply with any of the requirements and restrictions set forth in this chapter;

(b) Misrepresent the purpose of, or affiliation of those engaged in, the solicitation or vending;

(c) Continue efforts to solicit from an individual once that individual informs the solicitor or vendor that he does not wish to give anything to or to buy anything from that solicitor or vendor;

(d) Represent the issuance of any permit under this chapter as an endorsement or recommendation of the solicitation or vending;

(e) Ring the bell, knock on the door, or otherwise attempt to gain admittance for the purpose of vending or soliciting at any residence, dwelling or apartment at which a sign is posted stating “No Peddlers Allowed” or “No Solicitation Allowed” or words of similar import indicating that such persons are not wanted on said premises, is painted, affixed or otherwise exposed to public view.

(f) Commit fraud, make misrepresentation or false statement in the course of carrying on the business. (Ord. 06-2021 § 1, 6-15-21.)

5.35.370 Penalties for violation of permit requirements.

Any violation of this chapter may be charged as a civil penalty or administrative citation as provided for in Chapter 1.20. Enforcement action specifically authorized by this section may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to this chapter, including confiscation of merchandise and food for sale, and/or impoundment of the mobile vending vehicle, cart, or trailer. In addition, nothing in this section shall be interpreted to preclude or limit the city from seeking injunctive or other judicial relief. (Ord. 06-2021 § 1, 6-15-21.)

5.35.380 Abatement generally.

(a) Failure to permanently remove a mobile vending cart, or trailer, other vending equipment or vehicle or group site at the conclusion of each day of activity and/or failure to cease operation as a mobile vending vehicle or group site after the termination, revocation, expiration, or suspension of any permit issued pursuant to this chapter shall constitute a public nuisance, and shall be subject to enforcement and abatement procedures set forth in Chapter 8.60.

(b) When the city manager or his/her designee determines that an individual mobile vending vehicle, cart, or trailer or a group site has been used as an instrument for, or has contributed substantially to, a violation of this chapter, the city manager or his/her designee may deem the violation a public nuisance and issue a notice to abate the mobile vending vehicle, cart, trailer or group site operation pursuant to Chapter 8.60, and direct the responsible party to:

(1) Comply with the notice to abate;

(2) Comply with a time schedule for compliance; and

(3) Take appropriate remedial or preventative action to prevent the violation from recurring. (Ord. 06-2021 § 1, 6-15-21.)