HomeMy WebLinkAboutPublic Hearing - HBMC Code Amendment 96-4 - Mobile Peddlers Council/Agency Meeting Held: L.2 j/o19(0
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Council Meeting Date: December 16, 1996 Department ID Number: CD96-52
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator
PREPARED BY: MELANIE S. FALLON, Community Development Director�)� ,t,l.—
SUBJECT: CODE AMENDMENT NO. 96-4 AND ORDINANCE NO. 3345,
REVISIONS TO CHAPTER 10.40 OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO PEDDLES AND VENDORS
(MOBILE VENDING)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is Code Amendment No. 96-4 and Ordinance No. 3345, a
request to permit revisions to Chapter 10.40 regarding Peddlers and Vendors. This
ordinance is being revised at the request of the Oakview Task Force and the Florida Utica
Task Force via the City Council due to noise, traffic hazards, litter, overnight parking,
loitering and restocking problems. The ordinance is also being revised to allow the code
Enforcement staff to enforce the Mobile Vending regulations. Enforcement is presently the
responsibility of the Police Department. The staff is recommending fifteen major changes to
the current ordinance. These changes are summarized in Attachment No. 4. Each of these
modifications is designed to reduce traffic hazards, improve public safety and to provide
clear and concise regulations that govern mobile vending within the City of Huntington
Beach. The Oakview Property Owners Association supports the revisions to the Mobile
Vending Ordinance.
Funding Source:
Not applicable.
Recommended Action:
Motion to: -- r
"Approve Code Amendment No. 96-4 and Ordinance No. 3345, which amends Chapter
10.40 of the Huntington Beach Municipal Code pertaining to Peddlers and Vendors."
REQUEST FOR COUNCIL ACTION
MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD96-52
Alternative Action(s):
The City Council may take the following alternative action:
Motion to:
"Deny Code Amendment No. 96-4 and Ordinance No. 3345, and retain the existing Peddler
and Vendor regulations."
Analysis:
At the request of the Florida/Utica Task Force and members of the Oakview Task Force, the
staff has reviewed the current regulations governing Peddlers and Vendors within Huntington
Beach. Members of the two (2) task forces. previously informed the staff that major health
and safety problems occur due to the Mobile Vendors. These problems include litter, noise
from horns, loitering and the use of external lights attached to the mobile vending vehicles.
Additional problems identified by the two (2) task forces and staff include:
1. The current ordinance does not prohibit the restocking of mobile vending vehicles while
parked on a public street. This activity encourages illegal double parking and creates
unsafe conditions for pedestrians and motorists passing by.
2. The current ordinance does not prohibit overnight parking of mobile vending vehicles.
This practice encourages vendors to sell their wares after the designated operating
hours and encourages loitering and litter problems within the enhancement areas.
3. The current ordinance does not restrict the use of horns, or amplification systems (loud
speakers). The proposed ordinance prohibits the use of horns and amplification
systems which cause unwanted community noise. The proposed ordinance will not
restrict the use of horns within industrial areas (as directed by the City Council at the
November 4, 1996, study session).
4. The current ordinance does not define a number of key terms as follows:
Human Powered Device . Mobile Vending Vehicle
• Goods and Merchandise . Mobile Vendor
• Person . . Operator
Public Property . Vend
Restocking . Vending
The City Attorney's Office has suggested that the above terms be defined within the
proposed ordinance. The City Council requested that the term "restocking" be included
in the ordinance.
CD96-52.DOC -2- 12/03/96 4:36 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD96-52
The current ordinance does not require vendors to have liability insurance. The City.
Attorney's Office has advised the Planning staff that all vendors must have liability
insurance to vend in the City of Huntington Beach. Violation(s) of this provision or any
of these provisions is deemed a misdemeanor.
6. The current ordinance does not prohibit pushcarts from operating within the community.
Pushcarts create pedestrian and traffic hazards by blocking sidewalks and alleys.
Pushcarts are not equipped with trash containers, thereby, creating additional litter
problems. Pushcarts can destroy parkway landscaping and create loitering problems
within the area. Code Enforcement and the Police Department support prohibiting
pushcart operation within the City.
7. The revised ordinance requires all vending vehicles to be equipped with trash
containers for the purpose of reducing the amount of litter adjacent to mobile vending
vehicles. The litter problems associated with mobile vending vehicles can be largely
reduced by requiring all vending vehicles to be equipped with trash containers.
8. The revised ordinance prohibits mobile vendors from conducting business in alleys,
parkways and side walks. This practice creates unsafe conditions for pedestrians and
motorists due to the current parking practices of many mobile vendors.
On November 4, 1996, the City Council held a study session with staff to discuss the
proposed Mobile Vending Ordinance. The City Council recommended five (5) additional
modifications to the ordinance which are listed below. The suggested modifications have
been incorporated into the proposed ordinance.
1. Definitions - the term "restocking" has been added to the list of proposed definitions.
2. The current wording that prohibits overnight parking of Mobile Vending Vehicles has
been improved.
3. The proposed ordinance has been revised to permit the use of horns within industrial
areas only.
4. The proposed ordinance has been amended to prohibit mobile vending in areas where
the speed limit is 36 miles per hour or greater.
5. The proposed ordinance has been amended to permit Mobile Vendors to operate at
one (1) location for a maximum of 30 minutes and not ten (10) minutes.
CD96-52.DOC -3- 12/03/96 4:36 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: December 16, 1996 DEPARTMENT ID NUMBER: CD96-52
In summary, the revisions to the current vending ordinance address all of the concerns
raised by members of the Oakview Task Force, the Florida Utica Task Force and the City
Council. The revisions to the current Mobile Vending Ordinance will eliminate unwanted
neighborhood noise, reduce litter problems, require Mobile Vendors to have liability
insurance, prohibit restocking and improve the safety of pedestrians and motorists near
Mobile Vending Vehicles. In addition, the revised ordinance will permit Code Enforcement
Officers to enforce the provisions of the revised Mobile Vending Ordinance, thus allowing
Police Officers to concentrate their time on higher priorities. The revised ordinance will also
prohibit overnight parking of Mobile Vending Vehicles and permits the Mobile Vendors to
operate between the hours of 7:00 AM and 8:00 PM. The Oakview Property Owners
Association supports the proposed revisions to the Mobile Vending Ordinance.
Environmental Status:
The proposed project is categorically exempt pursuant to Section 15061(b)(3) of the
California Environmental Quality Act.
Attachmentlsl:
City Clerk's
Page Number
Legislative Draft
�.
Ordinance no • 33 y5
3. Summary of Current Vending Regulations
4. Summary of Major Problems with the Current Vending Ordinance
5. Summary of Major Changes to the Current Vending Ordinance
CD96-52.DOC -4- 12/05/96 4:10 PM
I
ORDINANCE NO. 3 3 4 5
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
CHAPTER 5.50 PERTAINING TO MOBILE VENDING
jThe City Council of the City of Huntington Beach does hereby ordain as follows:
i
SECTION 1. That Sections 10.40.130 and 10.40.140 of the Huntington Beach Municipal
Code are hereby deleted in their entirety.
SECTION 2: That the Huntington Beach Municipal Code is hereby amended by adding
Chapter 5.50, which reads as follows:
Chapter 5.50
MOBILE VENDING
Sections:
5.50.010 Purpose and Findings
5.50.020 Definitions
5.50.030 Permit Required
5.50.040 Vendor's Permit Required
5.50.050 Operator's Permit Required
5.50.060 Issuance of Permit
5.50.070 Denial of Permit
5.50.080 Revocation of Permit
5.50.090 Appeals
5.50.100 Temporary Special Events Permit
5.50.120 Trash Receptacles and Removal
5.50.130 Hours of Operation
5.50.140 Insurance Provisions
5.50.150 Required Stickers, Signs and Lettering
5.50.160 Noise Level
5.50.170 Prohibited Conduct
5.50.180 Applicability of Regulations to Existing Businesses
5.50.190 Conducting as a Nuisance
5.50.200 Penalty for Violation
5.50.210 Exemptions
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5.50.010 Purpose and Findings. The City Council of the City of Huntington Beach
finds that Mobile Vending Vehicles pose traffic hazards, public health hazards and impact the
safety of residents within the City of Huntington Beach. The intent of the ordinance is to provide
clear and concise regulations to insure public safety and prevent traffic and health hazards. This
ordinance is also intended to preserve the peace, and welfare of the residents of Huntington
Beach.
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 AttornU - 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.
(f) Goods'or Merchandise - includes items and products of every kind and description,
including all foods, produce, and beverage items.
(g) Human Powered Device - 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) 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.
(i) Mobile Vendor- shall mean any person, as defined in this article, who:
(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.
(j) Operator- 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.
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(k) Person- shall mean any natural person, firm,partnership, association, corporation, or
other entity of any kind or nature.
(1) 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.
(m) 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
(n) Risk Manager- shall mean the City's Risk Manager or his or her designee.
(o) Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall
not include any human powered device.
(p) 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.
(q) 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.
5,50,030 Permit Required. No person shall own, control, manage, lease or contract with
other persons for the operation of a vending vehicle in the City of Huntington Beach without the
appropriate valid permit issued pursuant to the provisions of this article in addition to any other
license or permit required by the City of Huntington Beach.
55. 0.040 Vendor's Permit Required- Any person desiring to obtain a vendor's permit to
engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle,
pursuant to this section shall make application to the City Treasurer, or his or her designee. Such
application shall be accompanied by a nonrefundable application fee in such amount as
established by resolution of the City Council. Any such permit shall be required to be renewed
annually and a separate nonrefundable application fee paid yearly for such renewal application.
Each applicant for a vendor's permit, or an operator or applicant for an operator's permit on
behalf of such proposed vendor, shall furnish the following information and documentation as
part of or in conjunction with such application:
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(a) The present or proposed address from which the business is to be conducted, including
the location of, restocking and overnight parking of the mobile vending ordinance;
(b) The full true name under which the business will be conducted;
(c) The full and true name and any other names used by the applicant;
(d) The present residence address and telephone number of the applicant;
(e) California Driver's License number of the applicant;
(f) Acceptable vvritten proof that the applicant is at least eighteen years of age;
(g) The applicant's height, weight, color of eyes and hair, and date of birth;
(h) The business, occupation or employment history of the applicant for the three-year period
immediately preceding the date of the application;
(i) The permit history of the applicant, for the three-year period immediately preceding the
date of the filing of the application, including whether such applicant, in previously
operating in this or any other city, county , state or territory, has ever had any similar
license or permit, or franchise revoked or suspended, and if so, the circumstances of such
suspension or revocation;
(j) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is
insured under the policy of insurance required for such business pursuant to section
5.50.090 of this Chapter;
(j) Such other identification and/or information as the City Treasurer or Chief of Police or
their designated representatives may require in order to discover the truth of the matters
required to be set forth in the application;
(1) When any change occurs regarding the written information required in this Chapter, prior
to issuance of a permit, the applicant shall give written notification of such change to the
City Treasurer within two weeks after such change;
(m) If the applicant is an individual who intends to own, operate and drive his or her own
vehicle, it is not necessary to pay a fee for the vendor's permit application separate from
the fee paid for the operator's permit application.
5,50.050 Operator's permit required - Application for Operator's Permit; Contracts;
Required Fee. Any person desiring to obtain an operator's permit to conduct or otherwise
operate the business of vending goods or merchandise from a vehicle pursuant to this section
shall make application to the City Treasurer or his/her designated representative. Such
application shall be accompanied by a nonrefundable application fee in such amount as
established by resolution of the City Council. Any such permit shall be required to be renewed
annually and a separate nonrefundable application fee paid yearly for such renewal application.
Each applicant for an operator's permit shall furnish the following information and
documentation as part of or in conjunction with such application:
(a) The present or proposed address from which the business is to be conducted;
(b) The full true name under which the business will be conducted;
(c) The full true name and any other names used by the applicant;
(d) The present residence and business addresses and telephone numbers of the applicant;
(e) A description of the goods or merchandise which the business will vend;
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(f) The number of vehicles to be owned, operated, or controlled by the applicant and the
makes, body styles, years, serial and engine numbers, state license plate numbers, and
names and addresses of the registered and/or legal owners of each vehicle;
(g) A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of the applicant's vehicles.
55 0.060 Issuance of Permit- The City Treasurer shall grant the vendor's permit or
operator's permit within ten days after receiving the completed application only if he or she finds
that all of the following requirements have been met:
(a) The required fees have been paid;
(b) The application conforms in all respects to the provisions of this section;
(c) The applicant has not made a material misrepresentation of fact in the application;
(d) The applicant has not had a similar permit denied or revoked by the City of Huntington
Beach within a period of one year prior to the date of such application;
(e) The applicant does not have any outstanding debt owing to the City of Huntington Beach.
5.50,070 Denial of Permit- If the City Treasurer does not find that all of the requirements
set forth in section 5.50.060 as applicable have been met, he or she shall deny the application for
the vendor's or operator's permit. In the event the application for the permit is denied by the
City Treasurer, written notice of such denial shall be given to the applicant specifying the ground
or grounds of such denial. Notice of denial of the application for the permit shall be deemed to
have been served upon the date it is personally served on the applicant or when deposited in the
United States mail with postage prepaid and addressed to the applicant at his or her residence
address as set forth in the application for the permit.
Any applicant whose application for a vendor's or operator's permit has been denied by the City
Treasurer may appeal such denial to the City Administrator by filing a written notice of appeal
with the City Treasurer within ten days following the date of service of the decision and payment
of the appeal fee prescribed by resolution of the City Council. The date of filing of said notice of
appeal shall be the date said notice and appeal fee are received by the City Treasurer.
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for
a period of one year following such final denial.
5,50,080 Revocation of Permit. - Any vendor's or operator's permit may be revoked by the
City Treasurer for good cause shown including but not necessarily limited to any of the
following reasons:
a. Falsification of any information supplied by the permittee upon which issuance of the
permit was based;
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b. Failure of the permittee, or any employees or subcontractors of the permittee, to comply
with the regulations set forth in this section;
C. Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any
employee, subcontractor or independent contractor of the permittee, of any state law or
municipal ordinance while in the course of conducting vending operations from a vehicle
pursuant to the permit;
d. Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any
applicable provision or requirement of this section;
e. No such revocation shall become effective until expiration of the appeal period.
Notification of the permit holder shall be made either by personal delivery or by certified
or registered mail, return receipt requested, addressed to the permit holder at such permit
holder's residence address as set forth on the application for a permit. Service shall be
deemed made on the permit holder on the date personally delivered or on the date of
mailing. A permit holder may appeal such revocation to the City Administrator by filing
a written notice of appeal with the City Treasurer within ten days following the date of
service of such decision and payment of the appeal fee as prescribed by resolution of the
City Council. The date of filing of said notice of appeal shall be the date said notice and
appeal fee are received by the City Treasurer. If a timely appeal is filed, the revocation
shall be stayed pending the decision of the City Administrator. Otherwise the suspension
or revocation shall become effective immediately upon expiration of said appeal period.
f. No person or entity whose permit is revoked shall be eligible to apply for a new permit
for a period of one year following such revocation.
5,50.090 Appeals - Upon receipt of a timely appeal by the City Administrator or his
designated representative, shall hear such appeal within twenty days following the date of such
appeal and shall give the appellant not less than five days' advance notice of the date of such
hearing. The decision of the City Administrator shall be based upon the same criteria as set forth
in this section which are applicable to the issuance or revocation of such permit. The appellant
shall be notified of the decision of the City Administrator by mailed, written notice. The decision
of the City Administrator shall be final. No revocation of a permit pursuant to this section shall
be deemed effective during the pendency of a timely filed appeal until the date of mailing of the
City Administrator's decision; provided, however, no permit holder shall operate during any
period of time in which the insurance coverage required by this section is not in full force and
effect.
5,50,100 Enforcement, The Director of Community Development and the Chief of Police
have the authority to enforce the provisions of this ordinance.
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5,50,110 Temporary Special Events Permit. Peddlers and vendors wishing to conduct
business at any special event shall apply to the City for a Temporary Vending License.
Application for such a license must be made at least thirty (30) days prior to the beginning of the
event. Applicants must meet the same application requirements as other peddlers and vendors.
The license is valid only for the duration of the special event. Peddlers and vendors granted a
temporary license are subject to the same operating regulations as other vendors, except where
otherwise specified.
5.50.120 Trash Receptacles and Removal
(1) All Mobile Vending vehicles shall be equipped with refuse receptacles large enough to
contain all refuse generated by the operation of such vehicle;
(2) The operator of the mobile vending vehicle shall pick up all refuse generated by such
operation within a 50 foot radius of the vehicle before such vehicle is moved, all refuse
shall be disposed of at an approved solid waste facility.
5.50.130 Hours of Operation
(a) No vehicle or stand used for vending shall remain on public property during non-
operating hours. Overnight parking of Mobile vending vehicle on a public street or alley
is prohibited.
(b) No vending shall be permitted by any operator or conducted by an vendor except between
the hours of 7:00 a.m. and 8:00 p.m.
5,50,140 Insurance Provisions. All operations shall have liability insurance covering the
vehicle in accordance with the State of California.
5,50.150 Required Stickers, Signs and Lettering.
(a) There shall be displayed in a conspicuous place on both the right and left side of the
Mobile Vending vehicle lettering permanently affixed showing the name of the company
or operator of the Mobile Vending vehicle and the business address and telephone
number thereof. The lettering for the name of the company or the operator of the Mobile
Vending vehicle shall not be less than four inches in height, shall be in contrast to the
color of the background upon which they are placed, and shall have strokes at least 3/8 of
an inch wide. The lettering for the vendors (as listed on the permit) business address and
telephone number shall not be less than one inch high.
(b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right
and left side of the Mobile Vending vehicle so as to interfere with the visibility of the
lettering required in subsection(a).
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(c) Each Mobile Vending vehicle shall also possess and display a valid Orange County
Health inspection sticker affixed to the lower portion of the driver's windshield if the
operator is causing the sale of or offering for sale any produce or other food item for
which a food handling permit or other health permit is required.
5,50,160 Noise Level.
(a) Any use of amplified sound making devices, including vehicle horns,to advertise, draw
attention to, or announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in the Huntington Beach Municipal Code. No
amplified sound making devices shall be used for such purposes upon any public street
immediately contiguous to any property zoned for residential use within the City.
(b) Non-amplified sound making devices shall not be made while the vehicle is stopped,
parked, or otherwise in a stationary position, on any public street in an area zoned for
residential use within the City; and such sounds shall not be audible to a person with
normal hearing for a distance of more than two hundred (200) feet in an area zoned for
residential use within the City.
5.50.170 Prohibited Conduct.
(a) No person shall vend from a Mobile Vending vehicle which is stopped, parked or
standing on any public street, alley or highway in any of the following situations:
1. Within 500 feet of any active public school property,park,playground or
recreational facility;
2. Within 300 feet of any other Mobile Vending vehicle which is engaged in the
operation of vending;
3. Within 100 feet of an intersection (including public alleys);
4. When the posted speed limit on the public street, alley or highway is greater than
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 not duly registered and licensed by the State
of California with an unladen weight of less than 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;
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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. NVhen the Mobile Vending vehicle is within any parkway, alley, sidewalk or
Nvithin a no parking area as defined by Huntington Beach Municipal Code Section
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 vendor vehicle shall attach to or receive any utilities from private or public
property.
(d) Mobile vendors shall not conduct the business of vending in any location for a period in
excess of thirty minutes, and said vehicle must be moved a distance of not less than one
hundred (100) feet between each successive location at which vending occurs.
(e) No additional lighting other than that required by the California Vehicle Code may be
installed or operated on a Mobile Vending vehicle.
(f) 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).
(g) All vending from any human powered device is prohibited.
5.5 .180 Applicability of regulations to existing businesses. The provisions of this article
shall be applicable to all persons and businesses described herein whether the herein described
activities were established before or.after the effective date of the ordinance enacting this article
into law. All such persons and businesses shall have 30 days from said effective date to file a
completed application for a vendor's or operator's permit with the City of Huntington Beach.
5.50.190 Conducting as a nuisance. Any Mobile Vending vehicle operated contrary to
the provisions of this article shall be hereby declared to be unlawful and a public nuisance and
the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder,
commence an action or actions, proceeding or proceedings, for the abatement, removal or
enjoyment thereof, in the manner provided in Chapter 17 of the Huntington Beach Municipal
Code, and may take such other steps and may apply to such court or courts as may have
jurisdiction to grant such relief as will abate or remove such establishment and restrain and
enjoin any person from operating a Mobile Vending vehicle contrary to the provisions of this
article.
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5,50,200 Penalty for Violation. Every violation of the provisions of this article shall be
deemed to be a misdemeanor punishable by imprisonment not exceeding four(4) months or by
fine not exceeding $500, or by both fine and imprisonment. Each day any violation of any said
provision of this article shall constitute a separate offense.
.50.210 Exemptions - The requirements of this section shall not apply to:
(a) Any person delivering any goods or merchandise by vehicle where such goods or
merchandise has been ordered in advance for such delivery from any business located at a
permanent location and which goods or merchandise is being delivered from such
location to the customer by vehicle, regardless of the point of sale thereof.
(b) Any person engaged in the vending of goods or merchandise on public property where
such persons has been authorized by the City of Huntington Beach to engage in such
activity by a permit, lease, real property license, agreement, or other entitlements issued
by the City for such purpose.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 6th day of January , 1997.
ATTEST:
City Clerk Mayor
REVIE-WED AND APPROVED APPROVED AS TO FORM:
City Administrator
I;'"�� J)
INITIATED AND APPROVED:
Director of Communi y Development
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Ord. No. 3345
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 reizular meeting thereof held on the 18th of November, 1996, and was again read to
said City Council at a re ular meeting thereof held on the 6th January, 1997, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City Council,
do hereby certify that a synopsis of this ordinance has been
published in the Independent on /
,19
In accordance with the City Charter of said City City Clerk and ex-off clo Clerk
Connie BrockNvav City Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
G/ordinanc!ordbkpg
1/7/97
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CITY CLOIK
CITY OF
HUOIHCTCh E ACH I%A61F:
December 20, 1996 OEC 30 423
We the undersigned respectfully favor the proposed ordinance
controlling mobile street vendors and peddlers and look forward to
its full implementation
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December 20, 1996
We the undersigned respectfully favor the proposed ordinance
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HB CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: MAYBRICE HENRY; DEPUTY CITY CLERK
FROM: JENNIFER MCGRATH, DEPUTY CITY ATTORNEY
DATE: DECEMBER 5, 1996
SUBJECT: REASONABLE NOTICE REGARDING MOBILE VENDING ORDINANCE
The Brown Act requires reasonable notice to the public so that they might be informed
as to what topics will be on the agenda. The notice provided in the newspaper
adequately informed the public that the mobile vending ordinance was going to be
considered in its entirety. While highlighting the major points of the ordinance, the
notice also stated that other details would be discussed as well. The wording therefore
informed the public that the mobile vending ordinance is going to be considered by City
Council on December 16, 1996, and the omission of the particular detail about which
you inquire does not invalidate it.
'1r, „C
ennifer McGrath V 1
Deputy City Attorney
cc: Mike Strange, Senior Planner
jmp/memo/mobnot/12/5/96
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Legislative Draft
Chanter 10.40
GENERAL PARKING REGULATIONS
Sections:
10.40.010 Applicability
10.40.020 More restrictive provisions apply
10.40.030 Stopping or standing in parkways prohibited
10.40.040 Zones and areas maintained
10.40.050 No parking areas
10.40.060 Storing vehicles in street prohibited
10.40.070 Repealed Ordinance No. 2692, 4 July 1984
10.40.080 Repairing or greasing in street
10.40.090 Washing or polishing vehicles for charge
10.40.100 Parking--Adjacent to schools
10.40.110 Parking--Prohibited on narrow streets
10.40.115 Fire lanes, access ways and roadways--Parking prohibited
10.40.120 Parking--Highway grade
10.40.125 Parking of vehicles for sale--Prohibited
10-49.130 PaFkang Peddlers aad vendee
10.40.150 Vehicles used for property transportation
10.40.160 Permit--Compliance--Revocation
10.40.170 Emergency parking signs
10.40.180 Disabled commercial vehicle--Warning signals
10.40.190 One-way streets--Parallel parking
10.40.200 Diagonal parking
10.40.210 Angle parking--Minimum road width
10.40.220 Angle parking--One side of street
10.40.230 Parking space markings
10.40.240 No stopping zones
10.40.250 Painting of curbs
10.40.260 General parking regulations--Enforcement
10.40.270 Parking areas on private property--Maintenance--Parking prohibited
10.40.275 Vacant real property--Posting
10.40.280 Violation--Penalty.
10,40.010 A1212licabili . The provisions of this title regulating the stopping, standing or
parking of a vehicle shall apply at all times or at those times herein specified, except
when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance
with the directions of a police officer or official traffic control device. (1155-8/65)
10.40,020 More restrictive provisions apply. The provisions of this title imposing a time
limit on standing or parking shall not relieve any person from the duty to observe other
and more restrictive provisions of the Vehicle Code or the ordinance of this city
prohibiting or limiting the standing or parking of vehicles in specified places or at
specified times. (1155-8/65)
10,40,030 Stopping or standing in parkways prohibited. No person shall stop, stand or
park a vehicle within any parkway. (1155-8165)
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10,40,040 Zones areas maintained.
(a) The Director of Public Works is authorized to maintain,by appropriate signs or by
paint upon the curb surface, all no stopping zones, no parking areas, and restricted
parking areas, as defined and described in this title.
(b) When said curb markings or signs are in place, no operator of any vehicle shall stop,
:stand or park such vehicle adjacent to any such legible curb marking or sign in
violation of any of the provisions of this chapter. (255-2/23,322-1/29,692A-9/58,
1051-5/64)
10,40,050 No parking areas. No operator of any vehicle shall stop, stand,park or leave
standing such vehicle in any of the following places, except when necessary to avoid
conflict with other traffic or in compliance with the direction of a police officer or other
authorized officer, or traffic signal:
(a) On either side of any street between the projected property lines of any public walk,
public steps, street or thoroughfare terminating at such street, when such area is
indicated by appropriate signs or by red paint upon the curb surface;
(b) Within any divisional island unless authorized and clearly indicated with appropriate
signs or markings;
(c) In any area where the Director of Public Works or Director of Community
Development determines that the parking or stopping of a vehicle would constitute a
traffic hazard or would endanger life or property when such area is indicated by
appropriate signs or by red paint upon the curb surface;
(d) In any area established by resolution of the council as a no parking area,when such
area is indicated by appropriate signs or by red paint upon the curb surface;
(e).Upon, along or across any railway track in such manner as to hinder, delay or obstruct
the movement of any car traveling upon such track;
(f) In any area where the parking or stopping of any vehicle would constitute a traffic
hazard or would endanger life or property;
(g) On any street or highway where the use of such street or highway or a portion thereof
is necessary for the cleaning, repair or construction,of the street or highway or the
installation of underground utilities or where the use of the street or highway or any
portion thereof is authorized for a purpose other than the normal flow of traffic or
where the use of the street or highway or any portion thereof is necessary for the
movement of equipment, articles or structures of unusual size, and the parking of such
vehicle would prohibit or interfere with such use or movement; provided that signs
giving notice of such no parking are erected or placed at least twenty-four(24)hours
prior to the effective time of such no parking;
(h) At any place within twenty (20) feet of a point on the curb immediately opposite the
mid-block end of a safety zone,when such place is indicated by appropriate signs or
by red paint upon the curb surface;
(i) At the place within twenty (20)feet of a crosswalk at an intersection when such place
is indicated by appropriate signs or by red paint upon the curb surface except that a
bus may stop at a designated bus stop;
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(j) Within twenty (20) feet of the approach of any traffic signal, stop sign or official
electric flashing device, when such place is indicated by appropriate signs or by red
paint upon the curb surface;
(k) In any area where the Director of Public Works or the Director of Community
.Development or any person in lawful possession of an off-street parking area has
designated stalls or spaces in an off-street parking facility for the exclusive use of
physically-handicapped persons whose vehicles display either one of the
distinguishing license plates issued to disabled persons pursuant to section 22511.5 of
the California Vehicle Code and where such space is clearly marked by the painting
of a blue curb or by posting immediately adjacent to, and visible from, each stall or
space, a sign consisting of a profile view of a wheelchair with occupant in white on a
blue background or by both such blue curb and sign. (255-2/23, 322-1/29,505-2/47,
692A-9/58, 1051-5/64, 1155-8/65,2044-5/76)
10,40,060 Storing vehicles in street prohibited. No person who owns or has possession,
custody or control of any vehicle shall park, store, stand or leave standing any vehicle
upon any street or alley for more than a consecutive period of seventy-two (72)hours.
(632-11/55, 1121-3/65, 1155-8/65,2177-4/77)
10,40,080 Repairing or greasing in street. No person shall construct or cause to be
constructed,repair or cause to be repaired, grease or cause to be greased, dismantle or
cause to be dismantled, any vehicle or any part thereof upon any public street in this city.
Temporary emergency repairs may be made upon a public street. (1047-5/64, 1070-8/64,
1155-8/65)
10,40,090 Washing or polishing vehicles for charge. No person shall wash or cause to
be washed,polish or cause to be polished any vehicle or any part thereof upon any public
street in this city,when a charge is made for'such service. (1155-8/65)
10,40,100 Parking--Adjacentto schools.
(a) The Director of Public Works is authorized to erect signs indicating no parking upon
that side of any street adjacent to any school property when such parking would, in
his opinion, interfere with traffic or create a hazardous situation.
(b) When official signs are erected prohibiting parking upon that side of a street adjacent
to any school property, no person shall park a vehicle in any such designated place.
(1155-8/65)
10,40,110 Parking--Prohibited on narrow streets.
(a) The Director of Public Works is authorized to place signs or markings indicating no
parking upon any street when the width of the roadway does not exceed twenty(20)
feet, or upon one side of a street as indicated by such signs or markings when the
width of the roadway does not exceed thirty (30) feet.
(b) When official signs or markings prohibiting parking are erected upon narrow streets
as authorized herein, no person shall park a vehicle upon any such street in violation
of any such sign or marking. (1155-8/65)
10,40,115 Fire lanes, access ways and roadways--Parking:prohibited. No person shall
park any vehicle or place any object in any fire lane, clearly designated as such by
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JMP/jmp/1egisdrft/mc 1040/12/3/96
appropriate signs or by red paint upon the curb surface, or park or place any object,
obstruction or vehicle in, on or across an established or designated exit, driveway,
alleyway, or access road, whether public or private, in such manner as to hamper the
movement of any emergency vehicles and equipment in the event of fire or other
emergency. This prohibition applies to, but is not limited to, areas in and about any
church, hospital, assembly hall, lodge hall, school,hotel,motel, condominium, apartment
building, theater, industrial complex, motion picture theater, stadium, shopping center,
restaurant,tent, or other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas
shall be subject to immediate removal and storage,pursuant to law. (2520-12/81)
10,40,120 Parking--Highway grade. No person shall park or leave standing any vehicle
unattended on a highway when upon any grade exceeding 3 percent without blocking the
wheels of the vehicle by turning them against the curb or by other means. (1155-8165)
10,40,125 Parking of vehicles for sale--Prohibited.
(a) No person shall park a vehicle upon a public or private street,parking lot or any
public or private property for the purpose of displaying such vehicle thereon for sale,
hire or rental, unless the property is duly licensed and zoned by the city to transact
that type of business at that location.
(b) Subsection(a) of this section shall not prohibit persons from parking vehicles on
private residential property,belonging to the owner of the vehicle, nor on the public
street immediately adjacent to said private residential property.
(c) Subsection(a) of this section shall not prohibit persons from parking vehicles on
private property, other than their own, when they have obtained written permission
from the property owner to do so. Said written permission must bear the date
permission was granted, must include the name, address and telephone number of the
property owner, and must be displayed in or upon the vehicle in such a manner that it
is easily readable from outside the vehicle.
(d) The Director of Community Development, or his designee, is authorized to enforce
provisions of this section pursuant to section 836.5 of the California Penal Code.
(2294-8/78)
(a) News 4 eper-ation. Ped-d-le-r-s And-veiadde_ns shall be allowed to eagage in the business
AfA"Andifig only between 7 ., and 7 P.M. VT a To, per-ar,.Flo«.ing Do,..f.:ts e
speeialevents,4he applirmatrequest may y an 0
us,,-Al houfs f epefatie . A 11 stands used f r vending must be removed fief. ..,,1,1:.,
through 10.40.160, shall stand „ rL any ohielewagon er- ,sL,.,.,rt_f*em
„1 ieh eds r.l,,..a;�o �.,:t� Vegetables f„apt,4A a la displayed,
o�� r.,o � � , o aes „r o
.Z�ed Ar-Affeved fef:sale or-b—AAR-imedd A-;-:ex-ehanged, er-wi-y lua6h wagon er-eating
ob-i-elo eftie of any street, ,:thi this City pt tha4 c,ueh ewelo
to „ new vending 1.,e do .,t least five h ndfea rcnm feet f.,,,,,_ he previous leeatien.
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t"f(�S&i�S-(3rr�t>C� o ..�..0«.1:"� Any yol, le posii4b-crpvcvri:.,lcxur-craxxr^v
when requested to do so by a peliee effieen All
at any spee
for-surah
Applieaffts must meet the same applieatien r-equir-efneffts as ether-peddlers and
vender-s granted a temper-ar-y Keense 4e subjeet te the same operating regulations as
> > of pusheaA fieffil vRhlieh taffna4es,peafmts,
pepeafff> Gandy,
10,40.150 Vehicles used for proper transportation. No person shall park or stand any
vehicle or wagon used or intended to be used in the transportation of property for hire on
any street while awaiting patronage for such vehicle or wagon without first obtaining a
written permit to do so from the Director of Public Works which shall designate the
specific location where such vehicle may stand. (322-1/29, 1155-8/65)
10,40,160 Permit--Compliance--Revocation. Whenever any permit is granted under the
provisions of this chapter and a particular location to park or stand is specified therein,no
person shall park or stand any vehicle, wagon or pushcart on any location other than is
designated in such permit. In the event that the holder of any such permit is convicted in
any court of competent jurisdiction for violating any of the provisions of this chapter,
such permit shall be forthwith revoked by the Director of Public Works upon the filing of
the record of such conviction with such officer and no permit shall thereafter be issued to
such person until six(6) months have elapsed from the date of such revocation. (322-1/29,
1155-8/65)
10,40,170 Emergency parking signs.
(a) Whenever the Director of Public Works shall determine that an emergency traffic
congestion is likely to result from the holding of public or private assemblages,
gatherings or functions, or for other reasons,the Director of Public Works shall have
the power and authority to order temporary signs to be erected or posted indicating
that the operation,parking or standing of vehicles is prohibited on such streets and
alleys, as the Director of Public Works shall direct, during the time such temporary
signs are in place. Such signs shall remain in place only during the existence of such
emergency and the Director of Public Works shall cause such signs to be removed
promptly thereafter.
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JMP/jmp/legisdrft/mc 1040/12/3/96
(b) When signs authorized by the provisions of this section are in place giving notice
thereof, no person shall operate,park or stand any vehicle contrary to the directions of
such signs. (1155-8/65)
10,40,180 Disabled commercial vehicle--Warning signals. Every motor truck having an
unladen weight of four thousand (4000)pounds or more, and every truck tractor
irrespective of weight when operated upon any street or highway during darkness, shall
be equipped with and carry at least two (2) flares or two (2)red lanterns or two (2)
warning,lights or reflectors, which reflectors shall be of a type approved by the California
Department of Highway Patrol. When any vehicle above mentioned or any trailer or
semitrailer is disabled upon streets or highways outside of any business or residence
district within this city, and upon which street or highway there is.insufficient street
lighting to reveal a vehicle at a distance of two hundred(200) feet during darkness, a
warning signal of the character indicated above shall be immediately placed at a distance
of approximately one hundred (100) feet in advance of, and one hundred(100)feet to the
rear of, such disabled vehicle by the driver thereof. The continuous flashing of at least
four(4) approved Class A, Type I turn signal lamps, at least two (2)toward the front and
at least two (2)toward the rear of the vehicle, shall be considered to meet the
requirements of this section until the devices mentioned above can be placed in the
required locations. The warning signals herein mentioned shall be displayed
continuously during darkness while such vehicle remains disabled upon such street and
highway. (1155-8/65)
10,40,190 One-way streets--Parallel parking.
(a) Subject to other and more restrictive limitations, a vehicle may be stopped or parked
within eighteen(18) inches of the left-hand curb facing in the direction of traffic
movement upon any one-way street unless signs are in place prohibiting such
stopping or standing.
(b)In the event a highway includes two (2)or more separate roadways and traffic is
restricted to one direction upon any such roadway, no person shall stand or park a
vehicle upon the left-hand side of such one-way roadway unless signs are in place
permitting such standing or parking.
(c) The Director of Public Works is authorized to determine when standing or parking
shall be prohibited upon the left-hand side of any one-way street or when standing or
parking may be permitted upon the left-hand side of any one-way roadway of a
highway having two (2) or more separate roadways and shall erect signs giving notice
thereof.
(d) The requirement of parallel parking imposed by this section shall not apply in the
event any commercial vehicle is actually engaged in the process of loading or
unloading freight or goods, in which case such vehicle may be backed up to the curb,
provided that such vehicle does not extend beyond the centerline of the street and
does not block traffic thereby. (1121-3/65, 1155-8/65)
10,40,200 Diagonal parkins.
(a) On any of the streets or portions of streets established by resolution of the council as
diagonal parking zones, when signs or pavement markings are in place indicating
such diagonal parking, it shall be unlawful for the operator of any vehicle to park said
vehicle except:
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JMP/jmpAegisdrft/mc 1040/12/3/96
(1) At the angle to the curb indicated by signs or pavement markings allotting space
to parked vehicles and entirely within the limits of said allotted space;
(2) With the front wheel nearest the curb within six(6) inches of said curb.
(b) The provisions of this section shall not apply when such vehicle is actually engaged
in the process of loading or unloading passengers, freight or goods, in which event the
provisions applicable in section 10.40.190 shall be complied with. (255-2/23,268-1/24,
322-1/29,846-7/61, 1155-8/65)
10,40.210 Angle parking--Minimum road width. Angle parking shall not be permitted
upon any street where parking would diminish the width of the roadway available for
travel to less than twenty-four(24) feet or upon any street which is a portion of the city's
master plan of arterial streets and highways. (1155-8/65, 1577-6/70)
10,40.220 Angle parking--One side of street. The Director of Public Works is authorized
to prohibit the parking of vehicles, provided appropriate signs are placed and maintained
to give notice thereof, on one side of a street in any block where angle parking is
permitted on the opposite side of the street in such block. (322-1/29, 1155-8/65)
10,40,230 Parking space markings.
(a) The Director of Public Works is authorized to install and maintain parking space
markings to indicate parking spaces adjacent to curbings where authorized parking is
permitted.
(b) No motor vehicle shall occupy more than one such parking space unless the size of
the parked vehicle obviates the use of a single space. When the use of any parking
space is regulated by a meter,the meter regulating each such utilized space must be in
an active and unexpired condition.
(c) No vehicle shall be stopped, left standing or parked in a space which is already
occupied by another vehicle, except that several motorcycles, motor-driven cycles,
mopeds, or motorized bicycles may occupy a single space,provided that no such
vehicle is positioned so that it occupies two (2) adjacent spaces. Where a space is
regulated by a parking meter, all vehicles within the space are in violation if parking
time has expired. (1155-8/65,2295-9/78,2327-2/79)
10.40,240 No storming zones.
(a) The Director of Public Works shall place and maintain appropriate signs indicating
that stopping of vehicles is prohibited and indicating the hours and days when
stopping is prohibited when no stopping zones have been established by resolution of
the council.
(b) During the hours and days designated on the signs, it shall be unlawful for the
operator of any vehicle to stop the vehicle on any of the streets or parts of streets
established as no stopping zones. (1136-5/65, 1155-8/65)
10,40,250 Painting of curbs. No person, unless authorized by this city, shall paint any
street or curb surfaces; provided, however,that this section shall not apply to the painting
of numbers on a curb surface by any person who has complied with the provisions of any
official action of this city pertaining thereto. (1155-8/65)
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10,40.260 General parking regulations--Enforcement. The provisions of this title
regulating the stopping, standing or parking of a vehicle shall be enforced by officers,
reserve officers, service officers and cadets of the police department and marine safety
officers and such special officers of the Community Services Department, Community
Development Department, and the Department of Public Works as are assigned
and authorized by the Chief of Police. (632-11/55, 1121-3/65,1155-8/65, Urg Ord 1510-6/69,
2124-1/77;2247-1/78)
10,40,270 Parking areas on private property--Maintenance--Parking prohibited.
(a) The owners of any private property in the City of Huntington Beach, which property
has been declared by resolution of the City Council to have areas of traffic congestion
and a danger to vehicles and pedestrians and an obstruction of emergency vehicles,
shall maintain the designated no parking and restricted parking areas by appropriate
signs and/or paint upon the,curb surface according to standards established by the
Director of Public Works.
(b) When curb markings and/or signs are in place,no operator of any vehicle shall park
said vehicle adjacent to any curb marking and/or sign. A violation of this section is
an infraction and, upon conviction thereof, shall be punishable by a fine not to exceed
$100. (2204-8/77)
10,40,275 Vacant real proper--Posting. Vacant real property shall be posted to prohibit
littering, dumping of waste materials, parking of motor vehicles, and trespassing in
accordance with the following:
(a) Posting Requirement. Every person owning or in possession of vacant real property
located in the city within two thousand(2000) feet of the mean high tide line of the
Pacific Ocean shall post such real property with at least two (2) signs per parcel,
displayed at intervals not more than one hundred(100) feet apart, along all exterior
boundaries and at all roads and trails entering the property. Such signs shall forbid
trespassing, littering,parking motor vehicles, and dumping refuse, as defined in
section 8.20.010(h), on such property.
(b) Applicability. "Vacant real property," as used in this section, shall include all
uncultivated real property within two thousand(2000) feet of the mean high tide line
of the Pacific Ocean which is not enclosed by a perimeter fence, and on which there
are no permitted structures for residential, commercial, or industrial uses. Property on
which there are no structures other than oil wells and outbuildings shall not be exempt
from this section.
(c) Exemptions. The following are exempt:
(1) Property enclosed by a perimeter fence at least five (5) feet high, secured by
locked gates;
(2) Property occupied by or in possession of a public entity or property dedicated to
public use;
(3) Any parcel with an area less than ten thousand(10,000) square feet shall be
exempt from the posting requirement so long as the total area of such parcel,plus
the area of all adjoining and contiguous parcels of vacant real property, do not
exceed ten thousand(10,000) square feet.
8
JMP/j mp/tcgisdrft/mc 1040/12/3/96
(d) Signs. The signs shall be at least twelve (12) inches wide and eighteen(18) inches
high, and shall meet the specifications established by the Director of Community
Development and the requirements of California Vehicle Code section 22658.
(e) No portion of this section shall be construed as restricting a private owner in the
lawful use of his or her own property unless the use creates a public health or safety
hazard, a public nuisance, or a fire hazard. (Urg Ord 2767-5/85)
10,40,280 Violation--Penalty. Any person violating any provision of this chapter shall,
upon conviction thereof,be guilty of an infraction, and punishable by a fine not to exceed
$100. (2276-5/78)
9
JMP/jmp/legisdrft/mc 1040/12/3/96
SUMMARY OF THE:CURRENT VENDING::REGULATTONS
1. 10.40.130(a) Hours of Operation
Hours of operation are presently allowed between 7:00 AM and 7:00 PM. Temporary Vending
Permits for special events are permitted to have extended hours of operation.
2. 10.40.130(b) Vending Hours and Location
Mobile Vendors may only conduct business in each location for a period of thirty (30) minutes at a
time. At the end of that period, vendors must move to a new vending location at least five hundred
(500) feet from the previous location. No electrical cords can run across or over sidewalks or streets
to vending trucks. Sales from the street side of the vending vehicle are prohibited.
3. 10.40.130(c) Special Eventg
This section permits vendors to obtain a Temporary Vending License for special events. Application
for such license must be made at least thirty (30) days prior to the beginning of the event. The
license is valid only for the duration of the special event. Vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
4. 10.40.130(d) Removal of Trash
The current ordinance requires the vendor to remove all trash or debris within forty (40) feet and
deposited in a trash container.
5. 10.40.140 food Vending Vehicles -Permit Required
This section prohibits any person from operating a vending vehicle, lunch wagon, eating cart, push
cart, etc. without first obtaining a written permit from the Director of Public Works. The permit
shall designate the specific location in which such cart shall be located.
6. 10,40.150 Vehicles Used for Proper Transportation
This section states that no person shall park or stand any vehicle or wagon used or intended to be
used for transportation of property for hire on any street while awaiting patronage for such vehicle or
wagon without first obtaining a written permit to do so from the Director of Public Works which
shall designate the specific location where such vehicle may stand.
7. 10,40,160 Permit--Compliance--Revocation
This section permits revocation of the Vending Permit by the Director of Public Works if the vendor
is convicted of violating any of the provisions of this chapter. Once a permit is revoked by the
Director of Public Works, no permit shall be issued to such person until six (6) months have elapsed
from the date of such revocation.
Attachment No.2 1 (1196k12)
i-
....... ....................... ..........
.....................................-...........-................
............ .............. ............................................................................ ....... .. . .... .. ...... ........................................—..........
........... ............... .. .................... ............................ ............ ....... ......... .. ...........--.........................
.......... . ....... .............................. ...................... . .. ........... . ......... . ........................... -..................-................--.........
..... ..
. .
...-
............ ................
..............................
............... ...................... ........................ .. ........
MAJOR............PRO... BLEMS WI............ TH.THE CURRENT 'VE..... .. NDING ORDYNANCE
1. The current Vending Ordinance is enforced by the Police Department and not Code Enforcement
Officers. Police Officers are generally involved with higher priority cases and not available to
enforce the current regulations. The Code Enforcement staff can easily enforce the proposed Mobile
Vending Ordinance, with occasional support from the Police Department.
2. The current Ordinance does not prohibit the restocking of a mobile vending vehicle while parked on
a public street. This practice encourages illegal double parking and creates unsafe conditions for
motorists passing by.
3. The current Ordinance does not prohibit overnight parking of mobile vending vehicles. Vendors
presently vend late into the night causing noise,traffic congestion and generate litter.
4. The current Mobile Vending Ordinance does not restrict the use of horns or amplification systems.
The proposed Ordinance prohibits the use of these devices for the purpose of eliminating
unnecessary neighborhood noise.
5. The current Vending Ordinance does not define the following words:
Mobile Vending Vehicle . Human Powered Device
Mobile Vendor . Goods & Merchandise
Operator . Person
Vend . Public Property
Vending
6. The current Vending Ordinance does not require mobile vendors to have liability insurance. State
law now requires all mobile vending vehicles to have liability insurance.
7. The current ordinance does not require mobile vending vehicles to be equipped with trash containers.
Litter is a common problem associated with mobile vending vehicles. The revised Ordinance
requires all mobile vending vehicles to be equipped with trash containers.
8. The current Mobile Vending Ordinance does not prohibit vendors from conducting business in
alleys,parkways or sidewalks. Alley parking can create unsafe traffic conditions. The proposed
Ordinance permits mobile vendors to conduct business only on a public street, if the speed limit is
35 MPH or less.
Attachment No. 3 1 (1196k12)
.... ....... . ... ..........................................
. ......... ............ .. ............ .... . . .. ........... .... ...... ................... .................
........ . ................ ..... .. ... ..... .. .... . . .......... .. . ..... .................... .................
............... ... ...... .... ..........-. ... ................... ...................
......... .... ............ ............ ... ....... .... ..... . . ....... .. .......... .. ...................................................
.........
........
....
..
........
SUMMARY OF THE MAJOR CHANGES TO THE CURRENT VENDING ORDINANCE:
1. Prohibits restocking of mobile vending vehicle when parked on a street or alley.
2. Prohibits overnight parking of a mobile vending vehicle.
3. Prohibits the use of additional lighting other than that required by the California Vehicle Code.
4. Requires all mobile vendors to have liability insurance covering the vehicle in accordance with
California State Law.
5. Prohibits the use of horns, sound amplification systems and other sound producing devices for the
purpose of attracting customers.
6. Permits Code Enforcement Officers to enforce all provisions of the Mobile Vending Ordinance
(Ordinance is presently enforced by Police Officers).
7. The proposed Ordinance includes new definitions for Human Powered Device, Goods &
Merchandise, Mobile Vending Vehicle, Mobile Vendor, Operator, Person, Public Property, Vend
and Vending.
8. The proposed Ordinance requires all mobile vending vehicles to have trash containers located on the
vehicle.
9. The proposed Ordinance requires the operator of a mobile vending vehicle to pick up all refuse
generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is
moved.
10. The proposed Ordinance permits vendors to conduct business between the hours of 7:00 AM and
8:00 PM.
11. The proposed Ordinance prohibits a mobile vendor from stopping on a public street if the speed limit
is greater than 35 miles per hour.
12. The proposed Ordinance prohibits vending from the mobile vending vehicle unless the vehicle is
located on the right side of the street.
13. The proposed mobile vending Ordinance prohibits vending within any parkway, alley, sidewalk, or
within a no parking area as defined by the Huntington Beach Municipal Code, Section 10.40.050, or
other public property.
Attachment No.4 1 (1196k12)
14. The proposed Mobile Vending Ordinance permits mobile vendors to conduct business at each
location for a period of ten (10) minutes,then the vehicle must be moved at least one hundred(100)
feet between consecutive locations in which vending occurs.
15. The-proposed Mobile Vending Ordinance prohibits vending on private property except on
construction sites or similar activities.
16. The proposed Ordinance prohibits the operation of pubshcarts within the City.
Attachment No.4 2 (l 196k12)
.... . .. .....- ........
. . .
.......
SUMMARY OF THE CURRENT VENDING REGULATIONS
1. 10.40.130(a) Hours of Operation
Hours of operation are presently allowed between 7:00 AM and 7:00 PM. Temporary Vending
Permits for special events are permitted to have extended hours of operation.
2. 10.40.130(b) Vending Hours and Location
Mobile Vendors may only conduct business in each location for a period of thirty (30) minutes at a
time. At the end of that period, vendors must move to a new vending location at least five hundred
(500) feet from the previous location. No electrical cords can run across or over sidewalks or streets
to vending trucks. Sales from the street side of the vending vehicle are prohibited.
3. 10.40.130(c)Special Events
This section permits vendors to obtain a Temporary Vending License for special events. Application
for such license must be made at least thirty (30) days prior to the beginning of the event. The
license is valid only for the duration of the special event. Vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
4. 10.40.130(d) Removal of Trash
The current ordinance requires the vendor to remove all trash or debris within forty (40) feet and
deposited in a trash container.
5. 10.40.140 food Vending Vehicles - Permit Required
This section prohibits any person from operating a vending vehicle, lunch wagon, eating cart, push
cart, etc. without first obtaining a written permit from the Director of Public Works. The permit
shall designate the specific location in which such cart shall be located.
6. 10.40.150 Vehicles Used for Property Transportation
This section states that no person shall park or stand any vehicle or wagon used or intended to be
used for transportation of property for hire on any street while awaiting patronage for such vehicle or
wagon without first obtaining a written permit to do so from the Director of Public Works which
shall designate the specific location where such vehicle may stand.
7. 10.40.160 Permit--Compliance--Revocation
This section permits revocation of the Vending Permit by the Director of Public Works if the vendor
is convicted of violating any of the provisions of this chapter. Once a permit is revoked by the
Director of Public Works, no permit shall be issued to such person until six (6) months have elapsed
from the date of such revocation.
Attachment No. 2 1 (1196k12)
.. . ..... . .... .. .... .... .... . . ...... ...... ............
....... ... . ... ....... I--. . ...... . . ...... ....... ......
. ... ... .... ... .... ..... . .. ..... ......-
.. ...... .....
.. ...... .. ....
MAJOWPROBLEMS WITH THE CURRENT VENDING ORDINANCE
1. The.current Vending Ordinance is enforced by the Police Department and not Code Enforcement
Officers. Police Officers are generally involved with higher priority cases and not available to
enforce the current regulations. The Code Enforcement staff can easily enforce the proposed Mobile
Vending Ordinance, with occasional support from the Police Department.
2. The current Ordinance does not prohibit the restocking of a mobile vending vehicle while parked on
a public street. This practice encourages illegal double parking and creates unsafe conditions for
motorists passing by.
3. The current Ordinance does not prohibit overnight parking of mobile vending vehicles. Vendors
presently vend late into the night causing noise, traffic congestion and generate litter.
4. The current Mobile Vending Ordinance does not restrict the use of horns or amplification systems.
The proposed Ordinance prohibits the use of these devices for the purpose of eliminating
unnecessary neighborhood noise.
5. The current Vending Ordinance does not define the following words:
Mobile Vending Vehicle . Human Powered Device
Mobile Vendor . Goods & Merchandise
Operator . Person
Vend . Public Property
Vending
6. The current Vending Ordinance does not require mobile vendors to have liability insurance. State
law now requires all mobile vending vehicles to have liability insurance.
7. The current ordinance does not require mobile vending vehicles to be equipped with trash containers.
Litter is a common problem associated with mobile vending vehicles. The revised Ordinance
requires all mobile vending vehicles to be equipped with trash containers.
8. The current Mobile Vending Ordinance does not prohibit vendors from conducting business in
alleys, parkways or sidewalks. Alley parking can create unsafe traffic conditions. The proposed
Ordinance permits mobile vendors to conduct business only on a public street, if the speed limit is
35 MPH or less.
Attachment No. 3 1 (1 196k12)
SUMMARY OF THE MAJOR CHANGES TO THE.CURRENT VENDING ORDINANCE;:
1. Prohibits restocking of mobile vending vehicle when parked on a street or alley.
2. Prohibits overnight parking of a mobile vending vehicle.
3. Prohibits the use of additional lighting other than that required by the California Vehicle Code.
4. Requires all mobile vendors to have liability insurance covering the vehicle in accordance with
California State Law.
5. Prohibits the use of horns, sound amplification systems and other sound producing devices for the
purpose of attracting customers.
6. Permits Code Enforcement Officers to enforce all provisions of the Mobile Vending Ordinance
(Ordinance is presently enforced by Police Officers).
7. The proposed Ordinance includes new definitions for Human Powered Device, Goods &
Merchandise, Mobile Vending Vehicle, Mobile Vendor, Operator, Person, Public Property, Vend
and Vending.
8. The proposed Ordinance requires all mobile vending vehicles to have trash containers located on the
vehicle.
9. The proposed Ordinance requires the operator of a mobile vending vehicle to pick up all refuse
generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is
moved.
10. The proposed Ordinance permits vendors to conduct business between the hours of 7:00 AM and
8:00 PM.
11. The proposed Ordinance prohibits a mobile vendor from stopping on a public street if the speed limit
is greater than 35 miles per hour.
12. The proposed Ordinance prohibits vending from the mobile vending vehicle unless the vehicle is
located on the right side of the street.
13. The proposed mobile vending Ordinance prohibits vending within any parkway, alley, sidewalk, or
within a no parking area as defined by the Huntington Beach Municipal Code, Section 10.40.050, or
other public property.
Attachment No.4 1 (1 196k12)
14. The proposed Mobile Vending Ordinance permits mobile vendors to conduct business at each
location for a period of ten (10) minutes, then the vehicle must be moved at least one hundred (100)
feet between consecutive locations in which vending occurs.
15. The proposed Mobile Vending Ordinance prohibits vending on private property except on
construction sites or similar activities.
16. The proposed Ordinance prohibits the operation of pubshcarts within the City.
Attachment No. 4 2 (1196k12)
t �
..CEIVED FROM
;,NO MADE A PART OF THE E f,QaD�tT ZE
COUNCIL MEETING OF—
OFFICE OFFICE OF THE CITY CLERK
CONNIE BROCKWAY,CITY CLERK
REVISED MOBILE VENDING
ORDINANCE
Code Amendment No. 96-4
and Ordinance No. 3345
BACKGROUND
♦At the request of the Oakview Task Force
and the Florida/Utica Task Force via the
City Council, the Mobile Vending
Ordinance has been revised due to noise,
litter, illegal parking, traffic hazards and
restocking problems.
BACKGROUND (cunt.)
The revised Ordinance has been reviewed by:
♦Oakview Task Force
♦Florida/Utica Task Force
♦Police Department
♦Major licensed Mobile Vendors
MAJOR PROBLEMS WITH
EXISTING ORDINANCE
♦Current ordinance is enforced by the Police
Department and not Code Enforcement
♦Current ordinance does not prohibit
restocking while parked on a public street
♦Current ordinance does not prohibit
overnight parking of vending vehicles
MAJOR PROBLEMS WITH
EXISTING ORDINANCE (cunt.)
♦The current Ordinance does not restrict the
use of horns or amplification systems
♦The current Ordinance does not define key
terms
♦The current Ordinance does not require
Mobile Vendors to have Liability Insurance
MAJOR CHANGES TO THE
EXISTING ORDINANCE
♦The revised Ordinance prohibits restocking
of Mobile Vending Vehicles on street or
alley
♦The revised Ordinance prohibits overnight
parking of a Mobile Vending Vehicle
♦The revised Ordinance requires all Mobile
Vendors to have Liability Insurance
MAJOR CHANGES TO THE
EXISTING ORDINANCE (cunt.)
♦The revised Ordinance prohibits use of
horns and other sound producing devices
(Except in Industrial Districts)
♦The revised Ordinance permits Code
Enforcement-Officers and Police Officers to
enforce all provisions of the Ordinance
MAJOR CHANGES TO THE
EXISTING ORDINANCE (cunt.)
*The revised Ordinance includes definition
of key terms
♦The revised Ordinance prohibits the
operation of.pushcarts with the City
SUMMARY
The staff recommends approval of Code
Amendment No. 96-4 and Ordinance
No. 3345 for the following reasons:
♦Improved public safety regulations
♦Clear and concise operating standards
♦Preserve the peace and welfare of
Huntington Beach residents
1
J J CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
• r 1 �• +r/^�/Mr
HUNT1NG34?t BEACHA� % �'$AAT AP THE9�C�R%THE
COrjNel�. � -
FFI�€8€THE CITY CLERK
CONNI€€€ OKWAY,CITY CLERK
TO: Honorable Mayor and City Council Members
VIA: Michael T. Uberuaga, City Administrator
FROM: Melanie S. Fallon, Community Development Director
-o��/44A_
DATE: November 1, 1996
SUBJECT: DRAFT MOBILE VENDING ORDINANCE
Attached for your review is a copy of the draft Mobile Vending Ordinance, a summary of the
current Mobile Vending Regulations, a summary of the major changes to the current Mobile
Vending Ordinance and a summary of the major problems with the current Mobile Vending
Ordinance.
On Monday,November 4, 1996, a study session has been scheduled at 5:00 PM to discuss the
draft Mobile Vending Ordinance.
A public hearing has been tentatively scheduled on November 18, 1996, for the purpose of
adopting the revisions to the draft Mobile Vending Ordinance.
MSF:MS:kjl
Attachments:
1. Draft Mobile Vending Ordinance
2. Summary of the Current Vending Regulations
3. Major Problems with the Current Vending Ordinance
4. Summary of the Major Changes to the Current Vending Ordinance
(1196k12)
STUDY s6SSIOW
RD O INANCE NO DR �
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
SECTION PERTAINING TO MOBILE VENDING
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Sections 10.130 and 10.140 of the Huntington Beach Municipal Code
are hereby deleted in their entirety.
SECTION 2: That the Huntington Beach Municipal Code is hereby amended by adding
Chapter , which reads as follows:
Chapter
MOBILE VENDING
Sections:
Purpose and Intent
Definitions
Permit Required
Permit Term and Removal
Revocation of Permit
Enforcement
Prohibited Conduct
Operations on Private Property
Insurance Provisions
Required Signs and Lettering
Noise Level
Applicability of Regulations to existing businesses
Conducting as a nuisance
Penalty for Violation
Purpose and Findings. The City Council of the City of-Huntington Beach
finds that Mobile Vending Vehicles pose traffic hazards, public health hazards and impact the
safety of residents within the City of Huntington Beach. The intent of the ordinance is to provide
clear and concise regulations to insure public safety and prevent traffic and health hazards. This
ordinance is also intended to preserve the peace, and welfare of the residents of Huntington
Beach.
1
inVaklvrndor&iin/vei
Definitions: For the purposes of this Chapter:
(a) Human Powered Device - 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.
'(b) Goods or Merchandise - includes items and products of every kind and description,
including all foods, produce, and beverage items.
(c) 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.
(d) Mobile Vendor - shall mean any person, as defined in this article, who:
(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.
(e) Operator- 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.
(f) Person - shall mean any natural person, firm, partnership, association, corporation, or
other entity of any kind or nature.
(g) 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.
(h) Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall
include any human powered device.
(i) 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.
(i) 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.
2
jmp/k/vendord/11/1/%/
Permit Required. No person shall own, control, manage, lease or contract with
other persons for the operation of a vending vehicle in the City of Huntington Beach without the
appropriate valid permit issued pursuant to the provisions of this article in addition to any other
license or permit required by the City of Huntington Beach.
Vendor's Permit Required - Any person desiring to obtain a vendor's permit to
engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle,
pursuant to this section shall make application to the City Treasurer. Such application shall be
accompanied by a nonrefundable application fee in such amount as established by resolution of the
City Council. Any such permit shall be required to be renewed annually and a separate
nonrefundable application fee paid yearly for such renewal application. Each applicant for a
vendor's permit, or an operator or applicant for an operator's permit on behalf of such proposed
vendor, shall furnish the following information and documentation as part of or in conjunction
with such application:
(a) The present or proposed address from which the business is to be conducted, including the
location of, restocking and overnight parking of the mobile vending ordinance;
(b) The full true name under which the business will be conducted;
(c) The full and true name and any other names used by the applicant;
(d) The present residence address and telephone number of the applicant;
(e) California Driver's License number of the applicant;
(0 Acceptable written proof that the applicant is at least eighteen years of age;
(g) The applicant's height, weight, color of eyes and hair, and date of birth;
(h) The business, occupation or employment history of the applicant for the three-year period
immediately preceding the date of the application;
(i) The permit history of the applicant, for the three-year period immediately preceding the
date of the filing of the application, including whether such applicant, in previously
operating in this or any other city, county, state or territory, has ever had any similar
license or permit, or franchise revoked or suspended, and if so, the circumstances of such
suspension or revocation;
(j) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is
insured under the policy of insurance required for such business pursuant to section
of this Chapter;
(j) Such other identification and/or information as the City Treasurer or Chief of Police or
their designated representatives may require in order to discover the truth of the matters
required to be set forth in the application;
(1) When any change occurs regarding the written information required by sections
throughout of this Chapter, prior to issuance of a permit, the applicant shall give
written notification of such change to the City Treasurer within two weeks after such
change;
(m) If the applicant is an individual who intends to own, operate and drive his or her own
vehicle, it is not necessary to pay a fee for the vendor's permit application separate from
the fee paid for the operator's permit application.
3
jmp/k/vendord/11/1/96/
Operator's permit required - Application for Operator's Permit; Contracts;
Required Fee. Any person desiring to obtain an operator's permit to conduct or otherwise
operate the business of vending goods or merchandise from a vehicle pursuant to this section shall
make application to the City Treasurer or his/her designated representative. Such application
shall be accompanied by a nonrefundable application fee in such amount as established by
resolution of the City Council. Any such permit shall be required to be renewed annually and a
separate nonrefundable application fee paid yearly for such renewal application. Each applicant
for an operator's permit shall furnish the following information and documentation as part of or in
conjunction with such application:
(a) The present or proposed address from which the business is to be conducted;
(b) The full true name under which the business will be conducted;
(c) The full true name and any other names used by the applicant;
(d) The present residence and business addresses and telephone numbers of the applicant;
(e) A description of the goods or merchandise which the business will vend;
(1) The number of vehicles to be owned, operated, or controlled by the applicant and the
makes, body styles, years, serial and engine numbers, state license plate numbers, and
names and addresses of the registered and/or legal owners of each vehicle;
(g) A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of the applicant's vehicles.
Investigation of Applications. - The City Treasurer shall refer all applications for
operator's permits and vendor's permits made pursuant to this section to the Chief of Police for
investigation and recommendation. The Chief of Police, or his authorized representative, shall
have a reasonable period of time in which to investigate the application and background of the
applicant for a vendor's permit or an operator's permit. The Chief of Police, or his authorized
representative, shall within thirty days after the date of the filing of the application, render a
written recommendation to the City Treasurer as to approval or denial of the application for the
permit based upon the criteria set forth in section of this chapter.
Issuance of Permit - The City Treasurer, within ten days after receiving the
application and aforementioned recommendation from the Chief of Police, shall grant the vendor's
permit or operator's permit only if he or she finds that all of the following requirements have been
met:
(a) The required fees have been paid; o
(b) The application conforms in all respects to the provisions of this section;
(c) The applicant has not made a material misrepresentation of fact in the application;
(d) The applicant has not had a similar permit denied or revoked by the City of Huntington
Beach within a period of one year prior to the date of such application;
4
jmP Wvendord/11/1/96/
(e) The applicant if an individual; or any of the directors, officers or stockholders holding
more than five 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 or vendor has not been convicted or
pleaded nolo contendere or guilty within five years prior to his application for a permit to
a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony
crime, including but not limited to: the sale of a controlled substance specified in
California Health and Safety Code Sections 11054 through 11058; the sale, distribution
or display of harmful or obscene matter; indecent exposure; or in the case of applications
for a vendor's permit by a persons who will be a driver of a vehicle pursuant to this
section, alcohol or drug-related traffic offenses. The investigation City employee is
specifically authorized to obtain state summary criminal history record information as
provided for in Section 11105 of the California Penal Code. Any complaint for the
above-listed charges pending before a court of law shall cause the application to be
considered pending until adjudication of the complaint.
Denial of Permit - If the City Treasurer does not find that all of the requirements
set forth in sections as applicable have been met, he or she shall deny the application
for the vendor's or operator's permit. In the event the application for the permit is denied by the
City Treasurer, written notice of such denial shall be given to the applicant specifying the ground
or grounds of such denial. Notice of denial of the application for the permit shall be deemed to
have been served upon the date it is personally served on the applicant or when deposited in the
United States mail with postage prepaid and addressed to the applicant at his or her residence
address as set forth in the application for the permit.
Any applicant whose application for a vendor's or operator's permit has been denied by the City
Treasurer may appeal such denial to the City Administrator by filing a written notice of appeal
with the City Treasurer within ten days following the date of service of the decision and payment
of the appeal fee prescribed by resolution of the City Council. The date of filing of said notice of
appeal shall be the date said notice and appeal fee are received by the City Treasurer.
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a
period of one year following such final denial.
Revocation of Permit. - Any vendor's or operator's permit may be revoked by the
City Treasurer for good cause'shown including but not necessarily limited to any of the following
reasons:
a. Falsification of any information supplied by the permittee upon which issuance of the
permit was based;
b. Failure of the permittee, or any employees or subcontractors of the permittee, to comply
with the regulations set forth in this section;
5
inT /vmdord/11/11961
C. Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any
employee, subcontractor or independent contractor of the permittee, of any state law or
municipal ordinance while in the course of conducting vending operations from a vehicle
pursuant to the permit;
d. Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee of any
applicable provision or requirement of this section;
e. No such revocation shall become effective until expiration of the appeal period specified in
section of this Chapter. Notification of the permit holder shall be made either by
personal delivery or by certified or registered mail, return receipt requested, addressed to
the permit holder at such permit holder's residence address as set forth on the application
for a permit. Service shall be deemed made on the permit holder on the date personally
delivered or on the date of mailing. A permit holder may appeal such revocation to the
City Administrator by filing a written notice of appeal with the City Treasurer within ten
days following the date of service of such decision and payment of the appeal fee as
prescribed by resolution of the City Council. The date of filing of said notice of appeal
shall be the date said notice and appeal fee are received by the City Treasurer. If a timely
appeal is filed, the revocation shall be stayed pending the decision of the City
Administrator. Otherwise the suspension or revocation shall become effective
immediately upon expiration of said appeal period.
f. No person or entity whose permit is revoked shall be eligible to apply for a new permit for
a period of one year following such revocation.
Appeals - Upon receipt of a timely appeal pursuant to sections of this
Chapter, the City Administrator or his designated representative, shall hear such appeal within
twenty days following the date of such appeal and shall give the appellant not less than five days'
advance notice of the date of such hearing. The decision of the City Administrator shall be based
upon the same criteria as set forth in this section which are applicable to the issuance or
revocation of such permit. The appellant shall be notified of the decision of the City
Administrator,by mailed, written notice. The decision of the City Administrator shall be final. No
revocation of a permit pursuant to this section shall be deemed effective during the pendency of a
timely filed appeal until the date of mailing of the City Administrator's decision; provided,
however, no permit holder shall operate during any period of time in which the insurance
coverage required by this section is not in full force and effect.
•
Enforcement. The Director of Community Development and the Chief of Police
have the authority to enforce the provisions of this ordinance.
Temporary Special Events Permit. Peddlers and vendors wishing to conduct
business at any special event shall apply to the City for a Temporary Vending License.
Application for such a license must be made at least thirty (30) days prior to the beginning of the
event. Applicants must meet the same application requirements as other peddlers and vendors.
The license is valid only for the duration of the special event. Peddlers and vendors granted a
6
jmp/k/vendord/11/11961
temporary license are subject to the same operating regulations as other vendors, except where
otherwise specified.
Trash Receptacles and Removal
(1) All Mobile Vending vehicles shall be equipped with refuse receptacles large enough to
contain all refuse generated by the operation of such vehicle;
(2) The operator of the mobile vending vehicle shall pick up all refuse generated by such
operation within a 50 foot radius of the vehicle before such vehicle is moved, all refuse
shall be disposed of at an approved solid waste facility.
Hours of Operation
(a) No vehicle or stand used for vending shall remain on public property during non-operating
hours. Overnight parking of Mobile vending vehicle on a public street or alley is
prohibited.
(b) No vending shall be permitted by any operator or conducted by an vendor except between
the hours of 9:00 a.m. and 8:00 p.m.
Insurance Provisions. All operations shall have liability insurance covering the
vehicle in accordance with the State of California.
Required Stickers. Signs and Lettering.
(a) There shall be displayed in a conspicuous place on both the right and left side of the
Mobile Vending vehicle lettering permanently affixed showing the name of the company or
operator of the Mobile Vending vehicle and the business address and telephone number
thereof. The lettering for the name of the company or the operator of the Mobile Vending
vehicle shall not be less than four inches in height, shall be in contrast to the color of the
background upon which they are placed, and shall have strokes at least 3/8 of an inch
wide. The lettering for the vendors (as listed on the permit) business address and
telephone number shall not be less than one inch high.
(b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right
and left side of the Mobile Vending vehicle so as to interfere with the visibility of the
lettering required in subsection(a). •
(c) Each Mobile Vending vehicle shall also possess and display a valid Orange County Health
inspection sticker affixed to the lower portion of the driver's windshield if the operator is
causing the sale of or offering for sale any produce or other food item for which a food
handling permit or other health permit is required.
7
jmp/ktvendord/11/1/96/
Noise Level.
(a) Any use of amplified sound making devices, including vehicle horns, to advertise, draw
attention to, or announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in the Huntington Beach Municipal Code. No
amplified sound making devices shall be used for such purposes upon any public street
immediately contiguous to any property zoned for residential use within the City.
(b) Non-amplified sound making devices shall not be made while the vehicle is stopped,
parked, or otherwise in a stationary position; and (ii) such sounds shall not be audible to a
persons with normal hearing for a distance of more than two hundred (200) feet.
Prohibited Conduct.
(a) No person shall vend from a Mobile Vending vehicle which is stopped, parked or standing
on any public street, alley or highway in any of the following situations:
1. Within 500 feet of any active public school property, park, playground or
recreational facility;
2. Within 300 feet of any other Mobile Vending vehicle which is engaged in the
operation of vending;
3. Within 100 feet of an intersection(including public alleys);
4. When the posted speed limit on the public street, alley or highway is greater than
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 not duly registered and licensed by the State
of California with an unladen weight of less than 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;
o
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;
8
imp/k/vendord/11/1/96/
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 Section
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 vendor vehicle to attach to or receive any utilities from private or public
property.
(d) Mobile vendors may only conduct business in each location for a period of ten minutes, be
permitted to engage in the business of vending and said vehicle must be moved a distance
of not less than one hundred (100) feet between consecutive locations at which vending
occurs.
(e) No additional lighting other than that required by the California Vehicle Code may be
installed or operated on a Mobile Vending vehicle.
(f) 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).
Applicability of regulations to existing businesses. The provisions of this article
shall be applicable to all persons and businesses described herein whether the herein described
activities were established before or after the effective date of the ordinance enacting this article
into law. All such persons and businesses shall have 30 days from said effective date to file a
completed application for a vendor's or operator's permit with the City of Huntington Beach.
Conducting as a nuisance. Any Mobile Vending vehicle operated contrary to
the provisions of this article shall be hereby declared to be unlawful and a public nuisance and the
City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence
an action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof,
in the manner provided in Chapter 17 of the Huntington Beach Municipal Code, and may take
such other steps and may apply to such court or courts as may have jurisdiction to grant such
relief as will abate or remove such establishment and restrain and enjoin any person from
operating a Mobile Vending vehicle contrary to the provisions of this article. ,
Penalty for Violation. Every violation of the provisions of this article shall be
deemed to be a misdemeanor punishable by imprisonment not exceeding four(4) months or by
fine not exceeding $500, or by both fine and imprisonment. Each day any violation of any said
provision of this article shall constitute a separate offense.
9
inIPWvendor&I 1/11961
Exemptions - The requirements of this section shall not apply to:
(a) Any person delivering any goods or merchandise by vehicle where such goods or
merchandise has been ordered in advance for such delivery from any business located at a
permanent location and which goods or merchandise is being delivered from such location
to the customer by vehicle, regardless of the point of sale thereof.
(b) Any person engaged in the vending of goods or merchandise on public property where
such persons has been authorized by the City of Huntington Beach to engage in such
activity by a permit, lease, real property license, agreement, or other entitlements issued by
the City for such purpose.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the day of , 1996.
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED APPROVED.-AS-TO FORM-
nx>_
i
City Administrator �ity AifoA' �
INITIATED AND APPROVED:
Director of Community Development
IO
jmp/k/vendord(11111961
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. ... ... ........... .......... . . . ............
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SUMMARY OF THE CURRENT VENDING-REGULATIONS>
1. 10.40.130(a) Hours of Operation
Hours of operation are presently allowed between 7:00 AM and 7:00 PM. Temporary Vending
Permits for special events are permitted to have extended hours of operation.
2. 10.40.130(b) Vending Hours and Location
Mobile Vendors may only conduct business in each location for a period of thirty (30)minutes at a
time. At the end of that period, vendors must move to a new vending location at least five hundred
(500) feet from the previous location. No electrical cords can run across or over sidewalks or streets
to vending trucks. Sales from the street side of the vending vehicle are prohibited.
3. 10.40.130(c) Special Events
This section permits vendors to obtain a Temporary Vending License for special events. Application
for such license must be made at least thirty (30) days prior to the beginning of the event. The
license is valid only for the duration of the special event. Vendors granted a temporary license are
subject to the same operating regulations as other vendors, except where otherwise specified.
4. 10.40.130(d) Removal of Trash
The current ordinance requires the vendor to remove all trash or debris within forty (40) feet and
deposited in a trash container.
5. 10.40.140 food Vending Vehicles -Permit Required
This section prohibits any person from operating a vending vehicle, lunch wagon, eating cart, push
cart, etc. without first obtaining a written permit from the Director of Public Works. The permit
shall designate the specific location in which such cart shall be located.
6. 10.40.150 Vehicles Used for PropeM Transportation
This section states that no person shall park or stand any vehicle or wagon used or intended to be
used for transportation of property for hire on any street while awaiting patronage for such vehicle or
wagon without first obtaining a written permit to do so from the Director of Public Works which
shall designate the specific location where such vehicle may stand.
7. 10,40.160 Permit--Compliance--Revocation
This section permits revocation of the Vending Permit by the Director of Public Works if the vendor
is convicted of violating any of the provisions of this chapter. Once a permit is revoked by the
Director of Public Works,no permit shall be issued to such person until six(6) months have elapsed
from the date of such revocation.
Attachment No.2 1 (1196k12)
A
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.................. ..................... ......
.... ........ ........... .....
MAJOR PROBLEMS WITH THE CURRENT VENDING ORDINANCE
1. The current Vending Ordinance is enforced by the Police Department and not Code Enforcement
Officers. Police Officers are generally involved with higher priority cases and not available to
enforce the current regulations. The Code Enforcement staff can easily enforce the proposed Mobile
Vending Ordinance, with occasional support from the Police Department.
✓2. The current Ordinance does not prohibit the restocking of a mobile vending vehicle while parked on
a public street. This practice encourages illegal double parking and creates unsafe conditions for
motorists passing by.
/3. The current Ordinance does not prohibit overnight parking of mobile vending vehicles. Vendors
presently vend late into the night causing noise,traffic congestion and generate litter.
4. The current Mobile Vending Ordinance does not restrict the use of horns or amplification systems.
The proposed Ordinance prohibits the use of these devices for the purpose of eliminating
unnecessary neighborhood noise.
5. The current Vending Ordinance does not define the following words:
Mobile Vending Vehicle . Human Powered Device
Mobile Vendor . Goods &Merchandise
Operator . Person
Vend . Public Property
Vending
6. The current Vending Ordinance does not require mobile vendors to have liability insurance. State
law now requires all mobile vending vehicles to have liability insurance.
7. The current ordinance does not require mobile vending vehicles to be equipped with trash containers.
LittVr is a common problem associated with mobile vending vehicles. The revised Ordinance
requires all mobile vending vehicles to be equipped with trash containers.
8 The current Mobile Vending Ordinance does not prohibit vendors from conducting business in
alleys,parkways or sidewalks. Alley parking can create unsafe traffic conditions. The proposed
Ordinance permits mobile vendors to conduct business only on a public street, if the speed limit is
35. MPH or less.
Attachment No. 3 1 (1196k12)
. S
....
....... ... . ....... .
.............. . .. ....... ...... .........
:.: - - - :'
VSUMMARY OF THE MAJORCHANGES TOTHECRENTEDING ORDINANCE
1. Prohibits restocking of mobile vending vehicle when parked on a street or alley.
2. Prohibits overnight parking of a mobile vending vehicle.
3. Prohibits the use of additional lighting other than that required by the California Vehicle Code.
4. Requires all mobile vendors to have liability insurance covering the vehicle in accordance with
California State Law.
5. Prohibits the use of horns, sound amplification systems and other sound producing devices for the
purpose of attracting customers.
6. Permits Code Enforcement Officers to enforce all provisions of the Mobile Vending Ordinance
(Ordinance is presently enforced by Police Officers).
7. The proposed Ordinance includes new definitions for Human Powered Device, Goods &
Merchandise, Mobile Vending Vehicle,Mobile Vendor, Operator,Person, Public Property, Vend
and Vending.
8. The proposed Ordinance requires all mobile vending vehicles to have trash containers located on the
vehicle.
9. The proposed Ordinance requires the operator of a mobile vending vehicle to pick up all refuse
generated by such operation within a fifty (50) foot radius of the vehicle before such vehicle is
moved.
10. the proposed Ordinance permits vendors to conduct business between the hours of 9:00 AM and 8:00
PM.
V/1 l. The proposed Ordinance prohibits a mobile vendor from stopping on a public street if the speed limit
e
is greater than 35 miles per hour.
12. The proposed Ordinance prohibits vending from the mobile vending vehicle unless the vehicle is
located on the right side of the street.
13. The proposed mobile vending Ordinance prohibits vending within any parkway, alley, sidewalk, or
within a no parking area as defined by the Huntington Beach Municipal Code, Section 10.40.050,or
other public property.
Attachment No.4 1 (1196k12)
14. The proposed Mobile Vending Ordinance permits mobile vendors to conduct business at each
location for a period of ten(10) minutes,then the vehicle must be moved at least one hundred (100)
feet between consecutive locations in which vending occurs.
15. The-proposed Mobile Vending Ordinance prohibits vending on private property except on
construction sites or similar activities.
Attachment No.4 2 (1196k12)
REQUEST FOR COUNCIL ACTION
Council/Agency Meeting Held: //-6i-1L
Deferred/ ontinue t : , �^
❑Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sign re
Council Meeting Date: November 11, 1996 Department ID Number: CD96-52a
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ o �
PREPARED BY: MELANIE S. FALLON, Community Development Director
SUBJECT: CONTINUANCE OF MOBILE VENDING ORDINANCE - CODE
AMENDMENT NO. 96-4 AND ORDINANCE NO. 12 TO THE
DECEMBER 16, 1996, CITY COUNCIL MEETING
tatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by the Department of Community
Development to continue Code Amendment No. 96-4 and Ordinance No.33y5 to the
December 16, 1996, City Council meeting. The purpose of the continuance is to allow
further review of the proposed ordinance by the Police Department, City Treasurer and
Planning Staff. The continuance will also provide additional time to revise the ordinance and
distribute the ordinance to the Oakview Task Force and the Florida/Utica Task Force for their
comments.
z =
Funding Source: C
Not applicable.
Recommended Action:
Lin
x
Motion to:
co
"Continue Code Amendment No. 96-4 and Ordinance No.33�, to the December 16 1996,
City Council Meeting."
CD96-52a 2 11/13/96 11:21 AM
REQUEST FOR COUNCIL ACTION
MEETING DATE: November 11, 1996 DEPARTMENT ID NUMBER: CD 96-52A
Alternative Action(s):
The City Council may take the following alternative action:
Motion to:
"Open the public hearing on Code Amendment No. 96-4 and Ordinance No. 33Ls for the
purpose of taking public testimony on this item."
Analysis:
The Staff recommends continuance of this item from the November 18, 1996, City
Council meeting to the December 16, 1996, City Council meeting to allow additional time
for the Police Department, City Treasurer and Planning Staff to review the ordinance.
The City Treasurer and the Police department have concerns with their increased role
with the proposed ordinance and would like the additional time to analyze the impacts to
their respective departments.
Environmental Status:
The proposed project is categorically exempt pursuant to Section 15061(b)(3) of the
California Environmental Quality Act.
Attachment(s1:
NumberCity Clerk's
Page-.. . _ -
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_...
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CD96-52a 3 11/13/96 11:21 AM
H.B.INDEPENDENT
PUBLISH DATE: 1/16/97
LEGAL NOTICE
ORDINANCE NO.3345
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH WHICH AMENDS
CHAPTER 10.40 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO
PEDDLERS AND VENDORS."
SYNOPSIS
Ordinance No.3345 amends Chapter 10.40 of the City of Huntington Beach Municipal Code,reger4ing
t910 1114-<.L iuu.-?,-V-T0,.e Q, ')Cl wo.
Purpose a d Eindines. The City Council of the City of Huntington Beach
linds that Mobile Vending Vehicles pose traffic hazards,public health hazards and impact the
safety of residents within the City of I-luntington Beach. The intent of the ordinance is to provide
clear and concise regulations to insure public safety and prevent traffic and health hazards. This
ordinance is also intended to preserve the peace,and welfare of the residents of i-luntington
Beach.
7te //a..,j Sec f, uo are, ao 3.?Ys
e t' n
5.50.010 Purpose and Findings
5.50.020 Definitions
5.50.030 Permit Required
5.50.040 Vendor's Permit Required
5.50.050 Operator's Permit Required
5.50.060 Issuance of Permit
5.50.070 Denial of Permit
5.50.080 Revocation of Perniit
5.50.090 Appeals
5.50.100 Temporary Special Events Permit
5.50.120 Trash Receptacles and Removal
5.50.130 Hours of Operation
5.50.140 Insurance Provisions
5.50.150 Required Stickers,Signs and Lettering
5.50.160 Noise Level
5.50.170 Prohibited Conduct
5.50A SO Applicability of Regulations to Existing Businesses
5.50.190 Conducting as a Nuisance
5.50.200 Penalty for Violation
5.50.210 Exemptions
ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held Monday,
January 6,1996.by the following roll call vote:
AYES: Councilmembers: Julien,Harman,Dettloff,Bauer,Sullivan,Green,
Garofalo
NOES: Councilmembers: None
ABSENT: Councilmembers: None
�q.•fe�: Spa�� 9, 1 S 9�
Conn<< f�2ock, UN T A
.y, [.iyCi�K ONN4 O
C��� of K�rf.i�IM I�P4�S CI ERK
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
SS.
County of Orange )
am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed Puai.ICNorice —' Staffrepo►tw;,,beava;,ab,e-
and published in the City of Huntington NOTICE OF s interested parties at the
PUBLIC.HEARING City Clerk's Office after De-
Beach County of Orange, State of BEFORE THE CITY I cember1 : "
i {� ALL INTERESTED"',PER-
O COUNCIL OF THE SONS are Invited to attend
California,_and• that attached Notice is a CITY OF ! said.hearing and express
i - - - - HUNTINGTON BEACH.•'t opinions or submit evl-
t.rue and complete co as was rinted NOTICE IS HEREBY Bence for or against the
p copy p GIVEN.thaVon Monday,De- application as. outlined
cember..16, 1996, at 7:00: above.If you challenge the
and publisF�ed in the Huntington Beach PM-16 the City Council_ City_ Council's action in
l Chambers, 2000. Main court, you may.be limited-
and Fountain Valley Issues of said Street, Huntington Beach,.
toralsing only those issues
! the City Council will hold l. . you or someone sine
newspaper to wit the issue(s) of:
public hearing on the fol-; raised at-the public hearing
lowing items: described in this notice, or
CODE AMENDMENT-NO. in written correspondence
96-4•AND ORDINANCE No. delivered to the City at, or -
• 3345 (PEDDLERS- AND' prior to,the public hearing.
VENDORS);.Applicant: City If there 'are any further
of Huntington Beach; De. questions please,call the
partment of Community De. Planning Division at 536--
December 5 , 1996 velopment Request: To 5271 and refer to above
permit revisions to Chapter item. Direct your written
10A0 of the Huntington communications to the City`
Beach Municipal Code per- Clerk.
taining to Peddlers- and . Connfe Brockway,
Vendors.'The major revi-' City Clekki"City of Hun-
sions•to the-ordinance in-' tington. Beach, .2000.
L clude standards for horns.__ Main Street,2nd Floor,
i declare, under penalty or perjury, that time permitted..to_:conduct I Huntington Beach,Cal-
, business,bistance between- Ifornia 92648 (714)
the foregoing is true and correct. yendin ing-requirements,vehicles; restock-uirements,prohibits $36-5227
overnight parking, regu-.`I Published Huntington,
i lates lighting, definitions Beach-Fountain Valley In-
and other revisions. Loca- ;dependent December 5,
tion:. City-wide. Project :1996.
1 Executed on December 5 1996 Planner:Michael Strange 121-781_
/ NOTICE IS HEREBY
at Costa Mesa California. GIVEN that the above'item {
is -,categorically' exempt
from the provisions of,the
California Environm@ntal,
Quality Act.
ON FILE:-A copy of the.
proposed request is on file
?: I in the City Clerk's Office,
2000 Main Street, Hunting-
ton 'Beach, California
92648,..for "inspection by
the public. A copy of the
' 'Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed PUBLIC-NOTICE'" ! ON FIDE: A copy of the:
NOTICE OF roposed request s on file
and published in the Huntington Beach Pn the City Clerk's office,
P g PUBLIC HEARING
and Fountain Valle issues of said BEFORE THE CITY_ 2000 Mein:street forag
ton Beach, Callfornfa
y COUNCIL OF THE'. 92M, for Inspectlon by
newspaper to wit the issue(s) of CITY_OF the public. A copy of-the
HUNTINOTON BEACH :staff report will be available
=NOTICE tS HEREBY-;to Interested parties at the
GIVEN that on Monday,.'City Clerk's Office after-No-.-
Novmber 19;1ft it-7:00 j vember 14;1996.
Pa.-.In the City--Council i ALL INTERESTED=PER-
Chambers, ,2000-`.Main .SONS are Invited to attend
Street,.'Huntington Beach,. said,hearing and express
November 7 , 1996 the City Council vAll hold'a optnlons or -submit evl-
Ppublic.hearing on:the fol- dense for or,against the
owing.ltems: application -as outlined
CODE"AMENDMENT NO. ,above.-It you challenge the
96-4-AND ORDINANCE'NO. City-Council's action.In
(PEDDLERS. AND--VEN- :court,.you-.may be.limited-
DORS) rApplicant: Ck of to rafsingpnly those Issues
Huntingtondeclare under penalty of perjury that m ntt,of CoBeac it Depart you` or someone else
ment,of Community Devel _raised at the.publlc hearing
opment Request To permit described In this notice,or
the foregoing is true and correct.
revisions to Chapter 1040 in written`"correspondence
of the. Huntington Beach 'delivered to the City at,or
Muniolpal Code pertaining"-'prlorto;thepublfe hearing.
to Peddlers and Vendors. �T there are any further.
The;maJor.'revlslons',to.the . questions please call the
ardfiance include =stand Planning Division at 536-
Executed on November 7 6 ards_for horns;time pernitt 5271 and; refer to the:
► 9 ted .to conduct business above Item.. Direct; your ,
at Costa Mesa California. distance between vending"i the CityC_lerk unicatlons to I
/ vehicles, restocking ,re- ;
qulrements;prohibits over- i = Connie. Brockway,
night. parking, regulate'J Clty Clerk,City ot.Hun•
fighting, definitions and ,I tington:.Beach, 2000=
other_-revisions. -Location: a Main Strut;Snd Floor;
City-wide.,Protect Planner. ;Hurtitington_Beach,Calk i
Michael Strange. Itornla, 9'1ti4B; (714)
NOTICE, IS HEREBY .i 5363�7 ,
G11t1cTJ that;the above`ttem
Is categorically. exempt , Published Huntington_
from-,th0.provlsfons`of the Beach-Fountain Valley-An. l
Cal lfornla Environmental_,.dependent_November 7,
Quality Act. f.1998
Signature -sag i
PUB- ,HEARING NOTIFICATION CHECKLIST
MAILING LABELS - 4/3/95
President 1 Huntington Harbor POA 10 Edna Littlebury 17
H.B. Chamber of Commerce P. O. Box 791 Golden St. Mob. Hm. Owners Leag.
2210 Main Street,Suite 200 Sunset Beach,CA 90742 11021 Magnolia Blvd.
Huntington Beach,CA 92648 Garden Grove,CA 92642
Judy Legan 2 Pacific Coast Archaeological 18
H.B./F.V. Board of Realtors Society,Inc.
8101 Slater Ave. P.O. Box 10926
Huntington Beach,CA 92647 Costa Mesa,CA 92627
Attn:Jane Gothold
President 3 William D. Holman 11 County of Orange/EMA 19
Amigos De Bolsa Chica PLC Michael M. Ruane,Dir.
P. O. Box 3748 23 Corporate Plaza,Suite 250 P.O. Box 4048
Huntington Beach,CA 92605 Newport Beach CA 92660-7912 Santa Ana,CA 92702-4048
Mr.Tom Zanic 12 Planning Department 19
Seacliff Partners Orange County EMA
520 Broadway Ste. 100 P. O. Box 4048
Santa Monica,CA Santa Ana,CA 92702-4048
President 5 Pres.,H.B. Hist. Society 13 County of Orange/EMA 19
Huntington Beach Tomorrow C/O Newland House Museum Thomas Mathews
411 6th St. 19820 Beach Blvd. P. O. Box 4048
Huntington Beach,CA 92648 Huntington Beach,CA 92648 Santa Ana,CA 92702-4048
Julie Vandermost 6 Chairperson 14 County of Orange/EMA 19
BIA-OC Historical Resources Bd. Bob Fisher,Dir.
9 Executive Circle#100 Comm. Services Dept. P.O. Box 4048
Irvine Ca 92714-6734 2000 Main St. Santa Ana,CA 92702-4048
Huntington Beach,CA 92648
Richard Spicer 7 Council on Aging 15 Planning Dir. 20
SCAG 1706 Orange Ave. City of Costa Mesa
818 West 7th, 12th Floor Huntington Beach,CA 92648 P. O. Box 1200
Los Angeles,CA 90017 Costa Mesa,CA 92628-1200
E.T.I. Corral 100 8 Dominick Tomaino 16 Planning Dir. 21
Mary Bell Seacliff Homeowners Assoc. City of Fountain Valley
20292 Eastwood Cir. 6812 Scenic Bay Lane 10200 Slater Ave.
Huntington Beach,CA 92646 Huntington Beach,CA 92648 Fountain Valley,CA 92708
Allen Macenski, 9 Seacliff HOA 16 Planning Director 22
Environmental Board Chairman Jeff Metzel City of Westminster
20021 Lawson Lane 19391 Shady Harbor Circle 8200 Westminster Blvd.
Huntington Beach,CA 92646 Huntington Beach CA 92648 Westminster,CA 92683
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PUBI .-TEARING NOTIFICATION CHECKLIST"I
MAILING LABELS - 4/3/95
Planning Director 23 James Jones 30 OC County Harbors,Beach 35
City of Seal Beach Ocean View Elementary and Parks Dept.
211 Eight St. School district P. O. Box 4048
Seal Beach,CA 90740 17200 Pinehurst Lane Santa Ana,CA 92702=4048
Huntington Beach CA 92647
CA Coastal Commission 24 Ron Frazier 31 Cheryle Browning 36
Theresa Henry Westminster School District Meadowlark Area
245 W. Broadway,Ste 380 14121 Cedarwood Avenue 16771 Roosevelt Lane
Long Bch,CA 90802 Westminster CA 92683 Huntington Beach,CA 92649
California Coastal Commission 24 Patricia Koch 32 Sally Graham 36
South District Office HB Union High School Disrict Meadowlark Area
245 W. Broadway No. 380 10251 Yorktown Avenue 5161 Gelding Circle
Long Beach,CA 92802-4458 Huntington Beach,CA 92646 Huntington Beach,CA 92649
Robert Joseph 25 David Hagen 32
Caltrans District 12 HB Union High School district Koll Company 37
2501 Pullman St. 10251 Yorktown 7711 Center Avenue,#215
Santa Ana,CA 92705 Huntington Beach,CA 92646 Huntington Beach,CA 92647
Director 26 Huntington Beach Mall 33
Local Solid Waste Enf.Agy. Attn: Pat Rogers-Laude
O.C. Health Care Agency 7777 Edinger Ave. #300
P.O. Box 355 Huntington Beach CA 92647
Santa Ana,CA 92702
New Growth Coordinator 27 CSA 33
Huntington Beach Post Office 730 El Camino Way#200
6771 Warner Ave. Tustin,CA 9680
Huntington Beach,CA 92647
Marc Ecker 28 Goldenwest College 34
Fountain Valley Attn: Fred Owens
Elementary School District 15744 Goldenwest St.
17210 Oak Street Huntington Beach CA 92647
Fountain Valley CA 92708
Dr. Duane Dishno 29 Country View Estates HOA 35
HB City Elementary School Dist. Carrie Thomas
PO Box 71 6642 Trotter Drive
Huntington Beach,CA 92626 Huntington Beach CA 92648
Jerry Buchanan 29 Country View Estates HOA 35
HB City Elementary School Dist. Gerry Chapman
20451 Craimer Lane 6742 Shire Circle
Huntington Beach,CA 92648 Huntington Beach CA 92648
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Connie Brockway,City Clerk
City of Huntington Beach 'A°'.'"�`""_""""""" '�..". i,�;i o r•._ - ,-
OfficeoftheCityClerk
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LEGAL NOTICE - PUBLIC HEARING
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Q 6
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH 414, yl/11� �9 6
NOTICE IS HEREBY GIVEN that on Monday,overnbei-14, 1996, at 7:00 PM in the City
Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public
hearing on the following items:
CODE AMENDMENT NO. 96-4 AND ORDINANCE NO. 3345 (PEDDLERS AND
VENDORS): Applicant: City of Huntington Beach, Department of Community
Development Request: To permit revisions to Chapter 10.40 of the Huntington Beach
Municipal Code pertaining to Peddlers and Vendors. The major revisions to the
ordinance include standards for horns, time permitted to conduct business, distance
between vending vehicles, restocking requirements, prohibits overnight parking, regulates
lighting, definitions and other revisions. Location: City-wide. Project Planner: Michael
Strange
NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of
the California Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will
be available to interested parties at the City Clerk's Office after Nevexibe-1-4, 1996.
QC4,.w.(l&-_1 a,.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit
evidence for or against the application as outlined above. If you challenge the City Council's
action in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered to the City at, or
prior to, the public hearing. If there are any further questions please call the Planning Division at
536-5271 and refer to the above item. Direct your written communications to the City Clerk.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(cclg11118)
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that on Monday,November 18, 1996, at 7:00 PM in the City
Council Chambers, 2000 Main Street, Huntington Beach,the City Council will hold a public
hearing on the following items: 33 qS
CODE AMENDMENT NO, 96-4 AND ORDINANCE NO. (PEDDLERS AND
VENDORSL Applicant: City of Huntington Beach, Department of Community
Development Request: To permit revisions to Chapter 10.40 of the Huntington Beach
Municipal Code pertaining to Peddlers and Vendors. The major revisions to the
ordinance include standards for horns,time-permitted to conduct business, distance
between vending vehicles, restocking requirements,prohibits overnight parking, regulates
lighting, definitions and other revisions. Location: City-wide. Project Planner: Michael
Strange
NOTICE IS HEREBY GIVEN that the above item is categorically exempt from the provisions of
the California Environmental Quality Act.
ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street,
Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will
be available to interested parties at the City Clerk's Office after November 14, 1996.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit
evidence for or.against the application as outlined above. If you challenge the City Council's
action in court, you may be limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence delivered to the City at, or
prior to,the public hearing. If there are any further questions please call the Planning Division at
536-5271 and refer to the above item. Direct your written communications to the City Clerk.
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
(cclgl l 118)