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Home My WebLink AboutOrdinance #3493 j5'TfAP1(vb : 63-11_0) ORDINANCE NO. 3493 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.50 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO MOBILE VENDING AND DELETING CHAPTER 8.08 RELATING TO FOOD VENDING VEHICLES IN ITS ENTIRETY, The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 5.50.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.50.020 Definitions: For the purposes of this Chapter: (a) Chief of Police - shall mean the Police Chief or his or her designee. (b) City Administrator- shall mean the City Administrator or his or her designee. (c) City Attorney- shall mean the City Attorney or his or her designee.) (d) City Treasurer- shall mean the City Treasurer or his or her designee. (e) Director of Community Development - shall mean the Director of Community Development or his or her designee. (#) Goods or Merchandise - includes items and products of every kind and description, including all foods, produce, and beverage items. (g) Human Powered.Devise - shall mean any device moved by human power including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled container or conveyance. (h) Ice Cream Truck(s) - shall mean a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age. (i)Mobile Vending Vehicle - shall mean any vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the City of Huntington Beach. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a mobile vending vehicle. (j) Mobile Vendor- shall mean any person, as defined in this article,who: 01 ord/=55012115101 1 (1) Owns, controls, manages and/or leases a vending vehicle; and/or (2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a food vending vehicle. (k) Qperator- as used in this chapter shall mean any and all person(s)who drive, operate, prepare foods and/or vend from a food vending vehicle. (1) Person- shall mean any natural person, firm,partnership, association, corporation, or other entity of any kind or nature. (m) Public property- shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Huntington Beach other than a street, alley, parkway or sidewalk. (n) Restocking- shall mean any transfer of goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes,but is not limited to loading and delivery. (o) Risk Manager- shall mean the City's Risk Manager or his or her designee. (p)Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall not include any human powered device. (q) Vend or Vending- as used in this chapter means soliciting, displaying, or offering produce, fruits, vegetables,prepared food, pre-packaged food or non-food sundries of any kind for sale or barter or exchange from a vehicle on a public or private street, alley,highway or public place within the City of Huntington Beach and includes the movement or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not limited to goods; wares, or merchandise. (r) Vendor- shall mean any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (3345-2/97) SECTION 2. Section 5.50.150 of the Huntington Beach Municipal Code is hereby deleted in its entirety. SECTION 3. Section 5.50.170 of the Huntington Beach Municipal Code is hereby amended to read as follows: 5.50.170 Prohibited Conduct. (a)No person shall vend from a Mobile Vending vehicle, except for ice cream trucks, which is stopped,parked or standing on any public street, alley or highway in any of the following situations: O 1 ord/mc550/2/15/01 2 i (1) Within five hundred (500') feet of any active public school property,park, playground or recreational facility; (2) Within three hundred (300') feet of any other Mobile Vending vehicle which is engaged in the operation of vending; (3) Within one hundred(100') feet of an intersection (including public alleys); (4) When the posted speed limit on the public street, alley or highway is greater than thirty-five (35) miles per hour. (5) When the Mobile Vending vehicle is parked in violation of any other provision of this Code or the California Vehicle Code. (6) When the Mobile Vending vehicle is duly registered and licensed by the State of California with an unladen weight exceeding six thousand(6,000)pounds. (7) When any part of the Mobile Vending vehicle is open to prospective customers other than on the side of the vehicle next to the right side of the street or highway; (8) When the Mobile Vending vehicle is not stopped, parked or standing on the right side of the street or highway; (9) When the prospective customer is standing or sitting in another vehicle; or, (10) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; (11) When the Mobile Vending vehicle is within any parkway, alley, sidewalk or within a no parking area as defined by Huntington Beach Municipal Code §10.40.050, or other public property. (b)Re-stocking of a Mobile Vending vehicle is prohibited on a public street or alley. (c)No Mobile Vending vehicle shall attach to or receive any utilities from private or public property. (d)No additional lighting other than that required by the California Vehicle Code may be installed or operated on a Mobile vending vehicle. (e) All Mobile Vending vehicles are prohibited from operating on private property except mobile vending vehicles shall be permitted to provide meals/snacks for employees at the private property for a period of thirty(30) minutes or less (such as construction sites). (f) All vending from any human powered device is prohibited. 01 ord/=550/1/17/01 3 SECTION 4. The Huntington Beach Municipal Code is hereby amended by adding Section 5.50.220, said section to read as follows: 5.50.220 Severability. If any section, subsection, subdivision,paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each Section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions,paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. SECTION 5. The Huntington Beach Municipal Code is hereby amended by deleting chapter 8.08 in its entirety. SECTION 6. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of April_ , 2001. ayor ATTEST: APPROVED AS TO FORM: City Clerk py,als CityAttorney l l 7$101 REVIEWED AND APPROVED: a 44 l INIT ED AND APPROVED: City d6ministrator Director o lanning 0l ord/mc550/l/17/01 4 Ord. No. 3493 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 19th day of March 2001, and was again read to said City Council at a regular meeting thereof held on the 2nd day of April, 2001, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Boardman, Cook, Julien Houchen; Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-oflicio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on dmIf(� In accordance with the City Charter of said City City Clerk and ex-officio Clerk Connie Brockway, Ci Clerk of the City Council of the City puts city Clerk of Huntington Beach, California g:lo rd inanclordbkpg2001.doc