Chapter 5.60
ITINERANT VENDORS
Sections:
5.60.030 Prohibition on itinerant vendors—Exceptions.
5.60.010 Purpose.
The city council hereby finds and declares that the unrestricted sale and distribution of goods, wares, and merchandise by itinerant vendors within the city, under certain circumstances, constitutes a danger to public safety because of the likelihood of injury to pedestrians thereby exposed to hazards from vehicular traffic in the vicinity. The city 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. 08-20 § 2 (part))
5.60.020 Definition.
For the purposes of this chapter, the term “itinerant vendor” is defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, temporarily hires, leases, uses or occupies any sort of mobile vending unit, building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in any hotel, apartment, shop, or any street, alley, or other place within the city (whether on public or private property), for the exhibition and sale of such goods, wares, and merchandise; provided, that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, or merchant. (Ord. 08-20 § 2 (part))
5.60.030 Prohibition on itinerant vendors—Exceptions.
A. It shall be unlawful for any itinerant vendor to engage in the business of selling and delivering goods, wares and merchandise within the city.
B. The prohibition contained in subsection A of this section shall not apply to any of the following:
1. Any “mobile food unit,” as that term is defined in Section 5.52.020(C), which is operating in accordance with Chapter 5.52 and all applicable laws, and is selling only food or beverages or any combination thereof.
2. Any ice cream truck that is properly licensed and operational in accordance with applicable state and local laws, including, without limitation, Chapter 5.28.
3. Any temporary automobile dealer that is operating in accordance with applicable state and local laws, including, but not limited to, Section 23.70 of the San Jacinto Zoning Ordinance.
4. Any seasonal (i.e., Halloween, Christmas) sales event, similar to a pumpkin patch or Christmas tree lot, that is permitted pursuant to a temporary use permit and in accordance with all applicable state and local laws.
5. Any outdoor sales event of any then-existing retail business, when such sales event is permitted pursuant to either Section 23.70 of the San Jacinto Zoning Ordinance or the terms of the retail business’ land use entitlement (i.e., conditional use permit, site development plan, etc.). (Ord. 08-20 § 2 (part))
5.60.040 Penalty.
It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.
Any person so convicted shall be: (A) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (B) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation within one year of a previous conviction.
The third and any additional violations within two years of any previous convictions shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000) or six months in jail, or both. Payment of any penalty herein shall not relieve any person, firm, association or corporation from the responsibility for correcting the violation. (Ord. 08-20 § 2 (part))