HomeMy WebLinkAboutOrdinance #4179 ORDINANCE NO. 4179
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 5.100 TO
THE HUNTINGTON BEACH MUNICIPAL CODE ESTABLISHING A SIDEWALK
VENDING PERMITTING AND REGULATORY PROGRAM, REPEALING ORDINANCE
NO. 4177, WHICH ESTABLISHED AN INTERIM SIDEWALK VENDING PROGRAM,
AND REPEALING SECTION 5.50.170(F) WHICH PROHIBITS VENDING FROM A
HUMAN POWERED CONVEYANCE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Findings.
A. On September 18, 2018, then Governor Brown signed into law Senate Bill ("SB")
946, adding Government Code Sections 51036-51039, which impose limits on how local
authorities, may regulate sidewalk vending.
B. Prior to the adoption of SB 946, the City of Huntington Beach prohibited
Sidewalk Vending. Following adoption of SB 946, on January 22, 2019,the City Council
adopted Ordinance No. 4177, adopting temporary sidewalk vending regulations for 120 days,
through May 23, 2019. Ordinance No. 4177 was adopted as an urgency ordinance pursuant to
Charter Section 501 for the immediate preservation of the public peace, health, and safety.
C. The City Council finds and concludes that SB 946 seeks to impermissibly strip
the authority of Charter cities under Article XI, Section 5 of the California Constitution with
respect to "Municipal Affairs." The authority of a City to regulate its parks and sidewalks has
long been recognized as a Municipal Affair and as such outside the reach of State law. The
power of a Charter City over Municipal Affairs is all embracing, restricted and limited only by
the City Charter, and free from any interference by the State through its general laws. As a
Charter City, Huntington Beach has the authority to control, govern and supervise its own parks
and sidewalks.
D. The City Council now adopts this Ordinance pursuant to Huntington Beach
Charter Section 103, which authorizes the City Council "to make and enforce all laws and
regulations in respect to Municipal Affairs, subject only to such restrictions and limitations as
may be provided in this Charter or in the Constitution of the State of California." This Ordinance
is adopted as a successor to Ordinance No. 4177.
E. This Ordinance adds Chapter 5.100 to the Huntington Beach Municipal Code
("HBMC") establishing a"Sidewalk Vending Permitting and Regulatory Program"to protect
health, safety and welfare of the City of Huntington Beach.
ORDINANCE NO. 4179
SECTION 2. Chapter 5.100 is hereby added to the Huntington Beach Municipal Code to
read as follows:
5.100.010 Purpose
The purpose of this Chapter is to establish a Sidewalk Vendor Permitting and Regulatory
Program. The provisions of this Chapter allow the City to encourage small business activities by
removing total prohibitions on Sidewalk Vending and providing regulation and enforcement of
unpermitted Sidewalk Vending Activities to protect the publics'health, safety and welfare.
A. The City Council hereby finds that, to promote the health, safety and welfare,
restrictions on sidewalk vending are necessary in part to:
1. Ensure no interference with the performance of public safety officers
including, police, firefighter, lifeguard, security and emergency medical personnel
services.
2. Ensure no interference with pedestrian or vehicular traffic including
ingress into, or egress from, any residence, public building, or place of business, or from
the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
3. Ensure no interference with barriers (bollards, vehicles, cement or water)
designed to stop vehicles and prevent injury to people.
4. Provide reasonable access for Sidewalk Vending Activities in portions of
the City while preserving the use and maintenance of sidewalks, Pathways, poles, posts,
traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus,
mailboxes, public benches and/or planters, as well as access to locations used for public
transportation services.
5. Reduce exposure to the City for personal injury or property damage claims
and litigation.
6. Ensure the safe sale of Food and Merchandise in the public right-of-way,
by providing the public a simple way to ensure Sidewalk Vendors prepare Food safely
and according to Orange County Department of Public Health requirements.
7. Prevent unsanitary conditions and ensure trash and debris in the areas
vending is taking place are removed by Sidewalk Vendors.
8. Ensure that visibility, sight lines, and accessibility for vehicular and
pedestrian traffic on sidewalks and other rights of way are protected while
accommodating Sidewalk Vendor equipment.
9. Protect the flow of pedestrian or vehicular traffic including ingress into, or
egress from, any residence,public building, or place of business, or from the street to the
sidewalk, by persons exiting or entering parked or standing vehicles.
10. Ensure reasonable access for the use and maintenance of sidewalks,
Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles,
firefighting apparatus, mailboxes, public benches and/or planters, as well as access to
locations used for public transportation services.
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11. Mitigate the impacts of Sidewalk Vending Activity and protect the unique
characteristics of the City including to maximize public access to and along the coast.
12. Prevent people from"camping,"thus creating unsanitary conditions.
B. The City Council hereby finds that the unique characteristics of the City require
certain restrictions on Sidewalk Vending Activities as follows:
1. The City Council finds that the existence in the City of Sidewalk Vendors
seek and do draw patrons to their Food and Merchandise. This can create serious safety
problems by impacting the ability of pedestrians to move safely on sidewalks and through
cross walks and impeding the response time of safety personnel, particularly in
Downtown Huntington Beach, at the Beach, at City Parks and in residential areas.
Sidewalk Vendors can also impact access to and egress from businesses. This Chapter
imposes reasonable time, place, and manner restrictions on Sidewalk Vendors to the
extent necessary to ensure the safety of Sidewalk Vendors, their patrons, the general
public and to prevent unreasonable interference with residents' enjoyment of peace and
quiet in the City.
2. The Civic Center contains the City's emergency operation center,the
headquarters for the Fire Department, and other critical infrastructure. Restrictions on
Sidewalk Vending Activity are necessary to ensure that fire equipment is easily
accessible and critical infrastructure is maintained and accessible at all times.
3. City parks provide passive and active recreational opportunities, and
restrictions on Sidewalk Vending Activity are necessary to protect the natural resources,
recreational and sport opportunities, as well as scenic and natural character of these
parks.
4. The City seeks to preserve the peace and quiet of the Residential Zones of
the City, by prohibiting commercial activities such as Sidewalk Vendors.
5. Many of the Sidewalks and Pathways in the City are under eight(8) feet
wide or less, and Sidewalk Vending Activity in these areas would unreasonably interfere
with the flow of pedestrians and disrupt access for persons with disabilities.
5.100.020 Definitions
A. Whenever any words or phrases used herein are not defined, but are defined in the
California Vehicle Code, such definitions shall apply, including for the definitions of Business
District, Highway, Road, Sidewalk, and Street. If a term or phrase is not defined in this part, or
elsewhere in this Code, the most common dictionary definition is presumed to be correct.
B. "Beach" means that strip of land owned and/or operated by the City of
Huntington Beach, south of Warner Avenue, lying between Pacific Coast Highway and the mean
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high tide line of the Pacific Ocean. "Beach" also includes the Adjacent Beach Area as defined at
Section 13.08.005.
C. "Beach Parking Lot" means the roads, driveways or parking area to service the
Beach, the Pier and Pier Plaza, excluding those areas located on a street or highway.
D. "Beach Service Road" means the paved roadway on the Beach that extends from
Beach Boulevard to Seapoint Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
E. "Cart" means a push cart, stand, display, pedal-driven cart, wagon, showcase,
rack, or other non-motorized conveyance used for Sidewalk Vendor Activity.
F. "Certified Farmers' Market" means a location operated in accordance with
Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that Chapter, or any successor Chapter.
G. "City Building" means any building and the abutting parking lot(s) which is
owned or occupied by the City of Huntington Beach or any of its Departments and which is used
for public purposes.
H. "City Property" means all property owned or controlled by the City, including,
but not limited to, buildings, libraries, alleys, beaches, boardwalks, parks, pathways, streets,
parking lots, sidewalks, and walking trails.
I. "Civic Center" means the area in the City of Huntington Beach, County of
Orange bounded by Lake Street on the east, Yorktown Avenue to the north, Main Street on the
west, Utica Avenue on the south, and Park Street on the east and south between Utica Avenue
and Lake Street.
J. "Downtown Huntington Beach" means Districts 1, 2, and 3 of the Huntington
Beach Downtown Specific Plan, which are depicted below:
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ORDINANCE NO. 4179
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ORDINANCE NO. 4179
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K. "Fire station" means any facility where fire engines and other equipment of the
City Fire Department are housed.
L. "Food" means any item provided in Health and Safety Code Section 113781, or
any successor section.
M. "Lifeguard Facilities" means any and all lifeguard facilities located at the
Beach.
N. "Marijuana" means both medical marijuana and non-medical marijuana.
O. "Merchandise" means any tangible personal property that can be sold and
immediately obtained from a Sidewalk Vendor, excluding Food. Items for rent shall not be
considered Merchandise. Merchandise excludes any Service.
P. "Off-Street City Pay Parking Lots" means any leased parking lot, structure,
facility or area located outside of the public right-of-way that the City owns or operates
pursuant to Chapter 10.50 for paid parking of vehicles, regardless of the method of payment,
including but not limited to parking attendants, meters, or otherwise.
Q. "Park" means each and every park recreation center, lake, pond or other body of
water, riding and hiking trail, parking lot and every other recreation facility owned, managed
and/or controlled by the City and under the jurisdiction of the Director of Community Services.
There are two types of Parks:
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a. "Active Parks" contain one (1) or more sporting fields or actively
encourage physical activity.
b. "Passive Parks" are typically less developed than an active park, but may
contain features such as walking tracks, gardens, seating, barbecues, and picnic areas.
They do not usually contain sports infrastructure or encourage strenuous physical
activity, although they may contain playground equipment.
R. "Parkway(s)" means that portion of a public street which is not improved for
actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and
maintaining street trees.
S. "Pathway" means a paved path or walkway owned by the City or other public
entity that is specifically designed for pedestrian travel, other than a sidewalk.
T. "Person" means and includes all domestic and foreign corporations, associations,
syndicates,joint stock corporations, partnerships of every kind, clubs, Massachusetts Trust,
business or common law trusts, societies, and individuals transacting and carrying on any
business in the City.
U. "Pier" means the appurtenance beginning at the intersection of Pacific Coast
Highway and Main Street on the Beach, which is a platform extending into the Pacific Ocean
and supported by piles or pillars.
V. "Pier Plaza" means the developed area immediately north and south to the Pier,
and bounded by Pacific Coast Highway and the Beach Parking Lots.
W. "Police Station" means any facility where police vehicles and other equipment
of the City Police Department are housed.
X. "Residential Zone" means any area zoned or used exclusively as residential in
Huntington Beach.
Y. "Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from
place-to-place and stops only to complete a transaction.
Z. "Service" is any form of labor that does not require the transfer of tangible
personal property.
AA. "Sidewalk" means that portion of a highway, other than the roadway, set apart by
curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that
is owned by the City or other public entity, excluding any Parkway.
BB. "Sidewalk Vendor" or "Vendor" means a person(s) who sells Food or
Merchandise from a Cart or from one's person, upon a Sidewalk, Pathway or Park.
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CC. "Sidewalk Vendor Activities" or "Sidewalk Vending Activity" means actions
that qualify a person as a Sidewalk Vendor or actions done in anticipation of becoming a
Sidewalk Vendor such as, but not limited to, placement, or maintenance of any Cart.
DD. "Special Event" means any event permitted pursuant to Section 13.10.050 of the
Municipal Code.
EE. "Specific Event" means any event permitted pursuant to Chapter 13.54 of the
Municipal Code.
FF. "Swap Meet" means a location operated in accordance with Article 6
(commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions
Code, and any regulations adopted pursuant to that Chapter, or any successor Chapter.
5.100.030 Sidewalk Vendor Permit Required
A. No Person, either for themselves or any other Person, shall engage in any
Sidewalk Vendor Activities within the City without first applying for and receiving a Sidewalk
Vendor Permit from the Chief Financial Officer.
B. A written application for a Sidewalk Vendor Permit shall be filed with the Chief
Financial Officer on a form provided by the City. 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 in conjunction with the Business
License and a separate nonrefundable application fee paid yearly for such renewal application.
Sidewalk Vendor Permit(s) are non-transferable and any change in ownership or operation of
Cart requires a new permit.
C. The written application shall provide an address where the applicant consents to
receive service of process. An acceptable address for this purpose shall include a post office box
or private mailbox that complies with paragraph (2) of subdivision (b) of Business & Professions
Code Section 17538.5.
5.100.040 Issuance of Permit
A. The Chief Financial Officer may issue the Sidewalk Vendor Permit if he or she
finds based on all of the relevant information that:
1. The conduct of the Sidewalk Vendor will not unduly interfere with traffic
or pedestrian movement, or interfere with or endanger the public health, safety or general
welfare or encourage loitering.
2. The conduct of the Sidewalk Vendor will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment to public
property, or result in the City incurring costs or expenditures in either money or
personnel not reimbursed in advance by the Sidewalk Vendor.
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3. The conduct of such Sidewalk Vending Activity will not constitute a fire
hazard.
4. The Sidewalk Vendor has paid all previous administrative fines,
completed all community service, and completed any other alternative disposition
associated in any way with a previous violation of this Chapter.
5. The Sidewalk Vendor has not had a permit revoked within the past twelve
(12) months.
6. The Sidewalk Vendor application contains all required information and
the Sidewalk Vendor has not made a materially false, misleading or fraudulent statement
of fact to the City in the application process.
7. The Sidewalk Vendor has paid the Business License Tax.
8. The Sidewalk Vendor's Cart and proposed Activities conform to the
requirements of this Chapter.
9. The Sidewalk Vendor has provided adequate insurance to protect the City
from liability associated with Sidewalk Vendor Activities, as determined by the City Risk
Manager, and the City has been named as an additional insured on the Vendor's
insurance policy.
10. The Sidewalk Vendor has not been convicted of any felony, or conspiracy
to commit, or attempt to commit, the same, as defined by Federal or State law.
11. The Sidewalk Vendor has not been convicted of any misdemeanor, or
conspiracy to commit, or attempt to commit, the same, which is sexual in nature or moral
turpitude, as defined by State and/or local law.
12. The Sidewalk Vendor has not had an individual or business permit or
license with any agency, board, city, county, territory, or state denied, revoked, restricted,
or suspended within the last five years.
13. The Sidewalk Vendor has not been subject to an injunction for nuisance,
as defined by State or local laws, within the last five years.
5.100.050 Denial of Sidewalk Vendor Permit
A. If the Chief Financial Officer finds that the requirements set forth in Section
5.100.040 as applicable have not been met, he or she shall deny the application for the Sidewalk
Vendor Permit. The Chief Financial Officer, shall provide written notice of such denial
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 Sidewalk
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Vendor or when deposited in the United States mail with postage prepaid and addressed to the
Sidewalk Vendor at his or her residence address as set forth in the application for the Permit.
B. Any Sidewalk Vendor whose application for a Sidewalk Vendor Permit has been
denied by the Chief Financial Officer may appeal such denial to the City Manager by filing a
written notice of appeal with the Chief Financial Officer within 10 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 the Chief Financial Officer
receives the notice and appeal fee.
C. No Person whose permit is finally denied shall be eligible to apply for a new
Sidewalk Vendor Permit for a period of one year following such final denial.
5.100.060 Revocation of Permit
Any Sidewalk Vendor Permit may be revoked by the Chief Financial Officer for good cause
shown including but not necessarily limited to any of the following reasons:
A. Falsification of any information supplied by the Sidewalk Vendor 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 Chapter.
C. Conviction of a violation, or plea of guilty or nolo contendere, by the Sidewalk
Vendor or any employee, subcontractor or independent contractor of the permittee, of any
Federal or State law, or municipal ordinance while in the course of conducting Sidewalk
Vending Activity from a Cart pursuant to the Permit.
D. Conviction of a violation, or a plea of guilty or nolo contendere, by the Sidewalk
Vendor of any applicable provision or requirement of this section.
E. No Sidewalk Vendor whose permit is revoked shall be eligible to apply for a new
permit for a period of one year following such revocation.
5.100.070 Appeal Process for Revocation of a Permit
Upon receipt of a timely appeal, the City Manager or his or her designated representative, shall
hear such appeal within 20 days following the date of such appeal and shall give the Sidewalk
Vendor not less than five days advance notice of the date of such hearing. The decision of the
City Manager shall be based upon the criteria applicable to the issuance or revocation of such
permit. The Sidewalk Vendor shall be notified of the decision of the City Manager by mailed,
written notice. The decision of the City Manager 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 Manager's decision; provided, however, no permit holder
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shall operate during any period of time in which the insurance coverage required by this chapter
is not in full force and effect.
5.100.080 Operating Conditions
Every Sidewalk Vendor is subject to the following operating conditions when conducting
Sidewalk Vending Activities:
A. All Food and Merchandise shall be stored either inside or affixed to the Cart or
carried by the Sidewalk Vendor. Food and Merchandise shall not be stored, placed, or kept on
any public property. If affixed to the Cart, the overall space taken up by the Cart shall not exceed
the size requirements provided in this Section.
B. Sidewalk Vendors may only sell Food and/or Merchandise. Sidewalk Vendors
shall not sell or provide Services.
C. The Business License and Vendor Permit shall be displayed conspicuously at all
times on the Cart or the Sidewalk Vendor. If multiple Sidewalk Vendors are staffing a Cart each
Person shall obtain and wear his or her Vendor Permit on their Person in a conspicuous manner.
D. Sidewalk Vendors shall not leave their Cart unattended.
E. All signage and advertising related in any way to the Sidewalk Vendor shall
comply with the City's sign laws. Sidewalk Vendors shall not use any electrical, flashing, wind
powered, or animated sign.
F. All Sidewalk Vendors shall allow a police officer, firefighter, lifeguard, code
enforcement officer, health inspector, or other government official charged with enforcing laws
related to Sidewalk Vendor Activities, at any time, to inspect their Carts for compliance with this
Chapter.
G. Carts and any attachments thereto shall not exceed a total height of four(4) feet, a
total width of four(4) feet, and a total length of four(4) feet.
H. No Cart shall contain or use propane, natural gas, batteries, or other explosive or
hazardous materials.
1. Sidewalk Vendors selling Food shall have in their possession at all times they are
conducting Sidewalk Vending Activities, all applicable State Food vending licenses.
J. Sidewalk Vendors that sell Food shall maintain a trash container in or on their
Cart and shall not empty their trash into public trashcans. The size of the Sidewalk Vendor's
trash container counts as part of the size limit of a Cart.
K. Sidewalk Vendors shall not leave any location without first picking up, removing,
and disposing of all trash or refuse from their operation. Sidewalk Vendors shall immediately
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clean up any Food, grease or other fluid or item related to Sidewalk Vending Activities that falls
on public property.
L. Sidewalk Vendors shall maintain a minimum four(4) foot clear accessible path
for pedestrian ingress and egress free from obstructions, including Cart and customer queuing
area.
M. Sidewalk Vendors shall ensure that all required insurance is in effect prior to
conducting any Sidewalk Vendor Activities and maintained for the duration of the Permit
5.100.090 Prohibited Activities and Locations
A. Sidewalk Vendors shall comply with all Federal, State and City laws and
regulations.
B. Cart(s) shall not touch, lean against or be affixed at any time to any building or
structure including, but not limited to lampposts,parking meters, mailboxes,traffic signals, fire
hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers.
C. Sidewalk Vendors shall not engage in any of the following activities:
1. Renting Merchandise to customers.
2. Displaying Merchandise or Food not available for immediate sale.
3. Selling of alcohol, Marijuana, adult oriented material, tobacco products,
products that contain nicotine or any product used to smoke/vape nicotine or Marijuana.
4. Selling Food or Merchandise to any person fifteen years of age or younger
without one or both of their parents or legal guardians present.
5. Using an open flame on or within any Cart.
6. Using an electrical outlet or power source that is owned by the City or
another person other than the Sidewalk Vendor.
7. Conducting Sidewalk Vending Activities anywhere in the City between
the hours of 8:00 p.m. and 7:00 a.m. daily.
8. Providing or selling any Service to any Person.
9. Continuing to offer Food or Merchandise for sale, following, or
accompanying any person who has been offered Food or Merchandise after the person
has declined the offer to purchase Food or Merchandise.
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10. Knowingly making false statements or misrepresentations during the
course of offering Food or Merchandise for sale.
11. Blocking or impeding the path of the person(s) being offered Food or
Merchandise to purchase.
12. Making any statements, gesture, or other communication which a
reasonable person in the situation of the person(s) being offered Food or Merchandise to
purchase would perceive to be a threat and which has a reasonable likelihood to produce
in the person(s) a fear that the threat will be carried out.
13. Touching the person(s)being offered Food or Merchandise without that
person(s)' consent.
14. Advertising any product or service that is not related to the Food or
Merchandise being offered for immediate sale.
15. Placing their Cart outside of any Pathway or sidewalk when engaging in
Sidewalk Vending Activities.
D. Sidewalk Vendors shall not engage in Sidewalk Vending Activities at the
following locations:
1. Any Residential Zone in the City.
2. The Beach, Beach Parking Lot, Beach Service Road, Lifeguard Facilities,
Pier, and Pier Plaza. The City Council finds that the City has permitted restaurant and
Merchandise concessions on the Beach. The area adjacent to the Pier and Pier Plaza is
highly commercial and crowded with pedestrians. Permitting any additional Sidewalk
Vending Activity would result in an undue concentration of commercial activity at this
portion of the Beach that would unreasonably interfere with existing business, public use
of the Beach, and access to the Coast.
The remainder of the Beach, north-westerly from Pier Plaza to a point which is 6,100 feet
north-westerly of Goldenwest Street, and which includes "Dog Beach,"has virtually no
commercial activity, except Specific Events and Special Events. Routine commercial
activity, including Sidewalk Vendors is prohibited in order to preserve the unusual beauty
and view provided on this portion of the Beach.
3. All Parks in the City, including both Active and Passive parks. The City
Council finds that in some cases, it has permitted restaurant concessions, such as at
Huntington Beach Central Park—West Side and East Side. Permitting any additional
Sidewalk Vending Activity would result in an undue concentration of commercial
activity at Central Park that unreasonably interferes with existing business and the use of
the Park. City Parks have unique beauty, and provide a reserve for migratory birds and
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monarch butterflies. In order to preserve the unusual beauty and view provided in these
Parks, Sidewalk Vending Activity is prohibited.
Further, neighborhood, Passive and Active Parks allow for child, youth and adult sports,
family gathering, picnics and walks. These Parks are a refuge from the commercial
activities of ordinary life, and accordingly, Sidewalk Vending Activity is prohibited.
4. Pacific Coast Highway with the City boundaries.
5. Downtown Huntington Beach. The City Council finds that the City has
permitted restaurant concessions and stationary sidewalk kiosks in Downtown
Huntington Beach. Downtown Huntington Beach is a heavily pedestrian-crowded area.
Permitting any additional Sidewalk Vending Activity would result in an undue
concentration of commercial activity at Downtown Huntington Beach that unreasonably
interferes with existing business, pedestrian ingress and egress, the use of the Beach, and
access to the Coast. Accordingly, Sidewalk Vending Activity is prohibited in Downtown
Huntington Beach.
6. The Civic Center, City Building, Fire Station, Police Station, Off-Street
City Pay Parking Lot, or public property.
7. Any City Property that does not meet the definition of a sidewalk or
Pathway including, but not limited to, any alley, beach, pier, square, street, street end, or
parking lot.
8. A permitted Certified Farmers' Market or Swap Meet during the limited
operating hours of that Certified Farmers' Market or Swap Meet.
9. An area designated for a Specific Event pursuant to a City issued permit,
during the limited duration of the Specific Event.
10. An area designated for a Special Event pursuant to a City issued permit,
during the limited duration of the Special Event.
11. An area designated for barriers for protection of the public.
12. A public or private school, a place of worship, or a large or general child
day-care facility, or within two-hundred (200) feet of any of the aforementioned property.
13. Within one-hundred (100) feet of:
a. Another Sidewalk Vendor.
b. The intersection of a street and a Sidewalk.
C. Any marina.
d. The portion of any City facility that is renting Merchandise or
selling Food to the public or where the rental Merchandise is stored.
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e. Any police officer, firefighter, lifeguard or emergency medical
personnel who are actively performing their duties or providing services to
the public.
14. Within twenty-five (25) feet of a:
a. Fire hydrant.
b. Curb which has been designated as white, yellow, green, blue, or
red zone, or a bus zone.
C. Automated teller machine.
d. Driveway, alley, or entrance to a parking lot or parking garage.
e. Entrance or exit to a building, structure or facility.
f. Trash receptacle, bike rack, bench, bus stop, restroom, or similar
public use items.
5.100.100 Penalties
A. Violations of this Chapter shall not be prosecuted as infractions or misdemeanors
and shall only be subject to Administrative Citation pursuant to Chapter 1.18, except that
notwithstanding Section 1.18.070, any violation of this Chapter shall be assessed administrative
fines in the following amounts:
1. An administrative fine not exceeding one hundred dollars ($100) for a first
violation.
2. An administrative fine not exceeding two hundred dollars ($200) for a
second violation within one (1) year of the first violation.
3. An administrative fine not exceeding five hundred dollars ($500) for each
additional violation within one (1) year of the first violation.
B. If a Sidewalk Vendor violates any portion of this Chapter and cannot present the
citing officer with proof of a valid permit, the Sidewalk Vendor shall be assessed administrative
fines in the following amounts:
1. An administrative fine not exceeding two hundred fifty dollars ($250) for
a first violation.
2. An administrative fine not exceeding five hundred dollars ($500) for a
second violation within one (1) year of the first violation.
3. An administrative fine not exceeding one thousand dollars ($1,000) for
each additional violation within one (1) year of the first violation.
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C. Upon proof of a valid permit issued by the City, the administrative fines set forth
in Subsection 5.100.100(B) shall be reduced to the administrative fines set forth in Subsection
5.100.100(A), or any successor sections.
D. The Chief Financial Officer, or the Chief Financial Officer's designee, may
revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation
or subsequent violations within one (1) year of the first violation.
5.100.110 Citation Appeals
A. Administrative citations may be appealed pursuant to Section 1.18.120, except
where the hearing officer is considering an administrative fine, he or she has the power to:
1. Reduce the fine based upon the person's ability to pay the fine.
2. If the Hearing Officer finds the person meets the criteria described in
subdivision (a) or(b) of Government Code Section 68632, or any successor section, the
Hearing Officer, shall order the City to accept, in full satisfaction, twenty (20)percent of
the administrative fine imposed pursuant to this Chapter.
3. The Hearing Officer may allow the person to complete community service
in lieu of paying the total administrative fine, may waive the administrative fine, or may
offer an alternative disposition.
B. All appeals of administrative citations shall be conducted in accordance with
Chapter 1.18 of this Code."
SECTION 3. Municipal Code Section 5.50.170(F)prohibits vending from a human
powered conveyance. Municipal Code Section 5.50.170(F) is repealed.
SECTION 4. Ordinance No. 4177 is repealed as of the effective date of this Ordinance.
SECTION 5. The recitals provided in this Ordinance are true and correct and are
incorporated into the substantive portion of this Ordinance.
SECTION 6. The City Council finds the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act("CEQA")pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 7. If any section, subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have adopted this ordinance and each section,
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ORDINANCE NO. 4179
subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one
or more section, subsections, sentences, clauses, phrases,parts, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6th day of May 2019.
ATTEST:
City Clerk Mayor
REVIEWED AND APPROVED: APPROVED AST RM:
ity P anager City Attorney �l=�
MAC
ZITIATED AND APPROVED:
C ief Financial Officer
*This Ordinance shall become effective thirty (30) days after its adoption.
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Ord. No. 4179
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on April 15, 2019, and was again read to said City
Council at a Regular meeting thereof held on May 6, 2019, and was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council.
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,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 Huntington Beach Wave on May 16,2019.
In accordance with the City Charter of said City.
Robin Estanislau. Ci , Clerk City Clerk and ex-officio Clerk
4iW4z&4JDeyuty City Clerk of the City Council of the City
of Huntington Beach, California