Chapter 5.52
MOBILE FOOD VENDORS
Sections:
5.52.050 Construction with other laws.
5.52.010 Purpose and intent.
The city council hereby finds and declares that the unrestricted sale and distribution of food, beverages, merchandise or services from mobile food units within or upon public streets, sidewalks and rights-of-way, public property or in the vicinity of school buildings, under certain circumstances, constitutes a danger to public safety because of the likelihood of injury to pedestrians thereby exposed to hazards from other vehicular traffic in the vicinity. The council further finds that the unauthorized use of public property for private commercial activity constitutes a misuse of public property and tax money and that similar activity on private property when not in conformity with health, safety, zoning and land use regulations is contrary to the public welfare. (Ord. 05-36 Exh. B (part))
5.52.020 Definitions.
For the purpose of this chapter:
A. The terms “vehicle,” “street” and “highway” are defined by the California Vehicle Code of California.
B. “Public property” shall mean any real property owned or controlled by or leased or assigned to a governmental entity excluding such property as had been leased out by that entity excluding such property as had been leased out by that entity for nongovernmental purposes. It shall also include unimproved streets and rights-of-way or similar easements for public access and use over which public entity has legal interest or right of control other than a publicly maintained street or highway.
C. The term “mobile food unit” is any non-self-propelled or nonmotorized vehicle or similar vending device.
D. “Public school” shall refer to any public elementary school, middle school, junior high or high school as defined in the Education Code of California. (Ord. 05-36 Exh. B (part))
5.52.030 Prohibitions.
A. No food or beverage shall be sold or distributed or offered for sale or distribution from a mobile food unit on a street or highway, on public property or upon a sidewalk without a permit from the city manager or a designee authorizing such sale or distribution.
B. No food or beverage, merchandise or service shall be sold or distributed or offered for sale or distribution from a mobile food unit upon public property without the authorization of the public entity.
C. No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a mobile food unit on private property without the express written consent of the owner or lessee of the property and except in conformity with health, safety and zoning regulations or permits pertaining to the site from which the sale or distribution is conducted.
D. No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a mobile food unit within five hundred (500) feet from any public school property, measured in a straight line to the nearest point of the school property between seven a.m. and four p.m. on regular school days, except in commercial zones, on private property with the express written consent of the owner or lessee of the property and in conformity with health, safety and zoning regulations and permits pertaining to the site from which the sale or distribution is conducted.
E. No food, beverage, merchandise or services shall be sold or distributed or offered for sale or distribution from a mobile food unit that is not on an improved surface and is not creating an obstruction to vehicles, pedestrians or parking. (Ord. 05-36 Exh. B (part))
5.52.040 Nondefenses.
It shall not be a defense to a violation of this chapter that the violator or the violator’s principal or agent has been issued a city business license or that a governmental permit has been issued unless such permit authorized the permit holder to conduct the activity at a designated location or locations under specified times and/or conditions and such sales or distribution activity was in conformity with those terms and conditions. (Ord. 05-36 Exh. B (part))
5.52.050 Construction with other laws.
Nothing in this chapter shall be deemed to excuse compliance with any law or regulation pertaining to health, zoning or public safety under applicable state law or the municipal code, including the issuance of permits thereunder. (Ord. 05-36 Exh. B (part))
5.52.060 Penalty.
Violation of this chapter shall be a misdemeanor. (Ord. 05-36 Exh. B (part))