Ordinance - 2453ORDINANCE NO. 2453
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-183.2
("VENDING AUTOMOBILES, WAGONS OR STANDS") OF ARTICLE V
OF CHAPTER 22 OF THE MUNICIPAL CODE TO REGULATIONS FOR
SIDEWALK VENDORS
SECTION 1. Findings. The City Council finds as follows:
A. New State Law. On September 17, 2018, Governor Brown signed Senate Bill 946,
which amended the California Government Code sections 51036 through 51039 pertaining to local
regulation of sidewalk vendors. The new law will be effective January 1, 2019, and City
regulations of sidewalk vendors inconsistent with the new law will be unenforceable;
B. Purpose of the Ordinance. The City desires to amend its existing regulations of
sidewalk vendors to comply with the new laws, by enacting new regulations of sidewalk vendors
that both protect the health, safety, and welfare of the public while supporting the state's objective
of increasing economic opportunities to low-income and immigrant communities, increase access
to culturally significant food and merchandise, and to contribute to safe and dynamic public spaces;
and
C. Urgency of Adoption: Government Code Section 36937 allows City to adopt an
ordinance to take effective immediately if the ordinance is necessary for the immediate
preservation of the public peace, health or safety, it contains a declaration of the facts constituting
the urgency, and is passed by a four-fifths vote of the city council, The City Council finds this
ordinance to be necessary for the immediate preservation of the public peace, health, or safety, for
the following reasons:
1. The ordinance prohibits sidewalk vendors from operating within 1,000 feet of
schools which is necessary to protect the safety of school children who may run into traffic to
obtain food or merchandise from sidewalk vendors operating adjacent to schools, and to protect
motorists who may suffer injury while attempting to avoid hitting school children running into
traffic to reach sidewalk vendors;
2. The ordinance limits sidewalk vendor hours of operation to protect the safety of
sidewalk vendors who will be more vulnerable to physical harm and property damage if operating
during nighttime hours;
3. The ordinance prohibits sidewalk vendors from making physical contact with
customers without permission, from persistently soliciting a person after the person rejects the
offer, and from threating injury or damage to a person while peddling or soliciting are necessary
to protect the safety and health of persons who may feel threatened or in physical danger if these
activities occur.
SECTION 2. Municipal Code Amendments. The City Council hereby amends the following
section of Chapter 22 of the municipal code as follows:
ZAOrdiriauces\Ord. 2453.docx
ales, fruit o any other articles of food or drink at any stationary
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Article V. - STOPPING, STANDING, AND PARKING
Municipal Code Sec. 22-183.2. flE Elli+(Knit
"Sidewalk vendors.
(a) Findings. The City has set forth operational requirements regulating sidewalk vendors
operations within the City in this Sec. 22-183.2 to protect the public's health, safety, and
welfare while promoting entrepreneurship and supporting individuals who engage in the
businesses of sidewalk vending. The City Council finds:
(1) Prohibiting sidewalk vending in streets and medians is necessary to protect the health
and safety of vendors, because they are at risk of being struck by vehicles and/or
causing vehicular accidents if they vend in streets or medians.
(2) Limiting sidewalk vendors' hours of operation within residential neighborhoods to
daylight hours consistent with a residential atmosphere is necessary to protect the safety
of peddlers and residents who would be more vulnerable to criminal activities during
evening hours, and to promote the welfare of the residents by prohibiting commercial
activities and associated noise and traffic during hours when residents should be able
to enjoy peace and quiet. Further, preventing stationary sidewalk vendors in residential
neighborhoods and limiting the amount of time a roaming sidewalk vendor may stay in
one location within a residential neighbor is necessary for the welfare of the residents
of the city, because allowing sidewalk vendors to operate at a fixed location in
residential neighbors may subject to residents to increased noise and traffic, which may
be appropriate for commercial areas, but will interfere with the peace and quiet that
residential occupants should enjoy while in their homes.
(3) Limiting sidewalk vendors' hours of operation in commercial areas to daylight hours
or to the same hours as other open businesses in the vicinity where the sidewalk vendor
operates in the evening hours is necessary to protect the vendors' health safety, as they
are more vulnerable to crime during nighttime hours, especially if operating where no
other businesses are open.
(4) Prohibiting soliciting within 1,000 feet of schools is necessary to protect the health and
safety of the school children, because if vendors operated closer there is a danger that
they children may run into traffic and be injured or killed trying to reach the vendor.
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(5) Preventing soliciting from residences with "no solicitation" or "Do Not Disturb" signs
protects the health and welfare of those who wish to avoid commercial activities while
in their residences from unwanted interruptions.
(6) Preventing sidewalk vendors from physical contact without permission, from
persistently soliciting a person after the person rejects the offer, and from threating
injury or damage to a person while peddling or soliciting are necessary to protect the
safety and health of persons who may feel threatened or in physical danger if these
activities occur.
(7) Preventing sidewalk vendors from intentionally obstructing the free movement of
people on any street, sidewalk, or other place open to the public is necessary to protect
the health, safety, and welfare of those who may be seeking emergency services or who
are otherwise uninteresting in the goods or services offered and desire to pass through
the public area unimpeded.
(8) Preventing soliciting from a captive audience is necessary to protect the health, safety,
and welfare of those people who are not able to walk away or otherwise retreat from -
an unwanted solicitation.
(9) Preventing sidewalk vendors from using sound amplifying devices is necessary to
protect the welfare of residents and visitors to the City by preventing excessive noise
from disturbing the peace and quiet of residential areas or from an accumulation of
excessive noise in commercial and other area. Further, sound amplifying devices may
cause traffic hazards by distracting drivers resulting in automobile accidents and harm
to pedestrians, so prohibiting their use is necessary for the health and safety of motorists
and pedestrians.
(b) Definitions.
(1) "Certified famers' market" means a location operated in accordance with Chapter
10.5 of Division 17 of the Food and Agricultural Code and nay regulations adopted
pursuant to that chapter.
(2) "Roaming sidewalk vendor" means a sidewalk vendor" means a sidewalk vendor who
moves from place to place and stops only to complete a transaction.
(3) "Sidewalk vendor" means a person who sells food or merchandise from a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized
conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
(4) "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed
location.
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(c) Operating requirements:
(1) Sidewalk vendors are prohibited from operating within a median or on the street.
(2) Sidewalk vendors may operate in areas zoned for residential use from 9:00 am to 5:00
pm. In residential areas, stationary sidewalk vendors are prohibited and roaming
sidewalk vendors cannot stay in one location for more than 10 minutes.
(3) Sidewalk vendors may operate in any area zoned for any non-residential use between
8:00 am and 10:00 p.m., except they may operate during 10:00 p.m. and 8:00 a.m. in
areas zoned for commercial use where businesses are open during those hours,
provided the sidewalk vendor is located within 200 feet of the open business.
(4) Sidewalk vendors shall dispose of all trash into trash receptacles. Used cooking oil or
grease must be disposed of in a sink with a grease trap.
(5) Sidewalk vendors shall not setup or operate in areas that block disabled access. Street
vendors must provide a minimum of 48 inches of access to allow for disabled access
and may not set up any closer than 30 feet to a bus stop to allow for disabled access
and space for transit riders access.
(6) No person shall solicit for commercial purposes at any dwelling, including but not
limited to a house, apartment, or condominium, where there is a sign indicating "No
Solicitations," "Do Not Disturb," or otherwise indicating that the occupants do not wish
to be solicited or in any other way have their privacy disturbed.
(7) No sidewalk vendor shall touch, come into physical contact with, or affix any object to
any member of the public, without first receiving express permission therefor from
such member of the public.
(8) No sidewalk vendor shall persistently solicit any member of the public after such
member of the public expresses his or her desire not to be solicited.
(9) No sidewalk vendor shall intentionally obstruct the free movement of any member of
the public on any street, sidewalk or other place open to the public generally.
(10) No sidewalk vendor shall solicit from a captive audience. "Captive audience" shall
be defined as purposefully stationary persons, such as persons in line or seated in public
areas.
(11) No peddler or commercial solicitor shall threaten any injury or damage to any
member of the public who declines to be solicited.
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(12) Sidewalk vendors shall be required to obtain a business license to operate (No
Social Security number shall be required as per State law). The application shall
provide a mailing address and description of merchandise. In addition to a business
license, each sidewalk food vendor shall be required to obtain a license to operate from
the Los Angeles County Department of Public Health. The street vendor shall have a
copy of the business license and license from the Los Angeles County Department of
Public Health available and clearly visible at all times they are operating.
(13) Sidewalk vendors may not operate within 200 feet of any certified farmers' market.
(14) Sidewalk vendors may not operate within 1,000 feet of any public schools.
5) During an urgent or emergency public safety event such as a traffic accident,
medical emergencies, gas leaks, natural disasters, fires, etc., the City may temporarily
require sidewalk vendors to relocate to another location if doing so is necessary to
protect the public's health, safety, or welfare.
(16) Sidewalk vendors may operate in a public park except if the City has a third-party
exclusive agreement for exclusive concessions inside the park. Sidewalk vendors may
only operate during posted park hours. The City may adopt further regulations by
resolution to limit the number, location, or concentration of sidewalk vendors in City
parks due to health, safety and welfare concerns, when necessary to ensure the public's
use and enjoyment of the park or to prevent an undue concentration of commercial
activity that unreasonably interferes with the character of the park.
7) Sidewalk vendors cannot utilize sound amplifying equipment or devices.
(E) Enforcement of the Chapter.
1. Administrative Citations Exclusive Remedy.
Notwithstanding any other provision of the West Covina Municipal Code, this Section 22-
183.2 shall be enforced exclusively through the City's administrative citation process, and citation
fees shall not exceed the limits set forth in state law (Government Code section 51039 and as may
be amended from time to time). No other civil or criminal remedies may be used to enforce the
provisions of this Chapter unless allowed by state law.
2. City's Determination of Violators' Ability to Pay Administrative Fines.
When assessing an administrative fine for a violation of this Chapter, if the violator meets
the criteria contained in Government Code Section 68632, subdivision (a) or (b), the City shall
accept in full satisfaction, 20 percent of the administrative fine imposed as satisfaction of the fine.
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The City's administrative citation enforcement official shall give notice to the violator of his or
her right to request an ability-to-pay determination by including the notice and a checklist for
eligibility of the reduced fine amount under Government Code Section 68632 along with the other
information contain in Section 15-223, subdivision (b) of this Code. If eligible for the reduced
fine, the violator must indicate, by signing under penalty of perjury, which criteria he/she meets
and return the form together with the fine to the city. If the violator fails to return the form to the
city prior to any hearing requested under Section 15-223, he or she may claim eligibility for the
reduced fine amount at adjudication or while the judgement remains unpaid, including when a case
is delinquent or has been referred to a comprehensive collection program.
SECTION 3: INCONSISTENCIES. Any provision of the West Covina Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to affect the
provisions of this ordinance.
SECTION 4: SEVERABILITY. If any provision or clause of this ordinance or the application
thereof to any person or circumstances is held to be unconstitutional or otherwise invalid by any
court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or
applications of this ordinance which can be implemented without the invalid provision, clause or
application; and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5: EFFECTIVE DATE AND PUBLICATION. By the City Council making the
findings of fact in section one above—which constitute an urgency for the immediate preservation
of the public peace, health, and safety — the City Council hereby declares that this ordinance is an
urgency measure and, therefore, this Ordinance becomes effective immediately upon its adoption.
Prior to the expiration of fifteen (15) days from its passage shall be published once in a newspaper
of general circulation, printed and published in the City of West Covina or, in the alternative, the
City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of
adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause
to be published the aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names and member of the City Council voting
for and against the same.
SECTION 6: EXPIRATION DATE OF ORDINANCE. This ordinance shall expire by its
own terms upon the effective date of Ordinance No. 2451 ("AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-
183.2 ("VENDING AUTOMOBILES, WAGONS OR STANDS") OF ARTICLE V OF
CHAPTER 22 OF THE MUNICIPAL CODE TO REGULATIONS FOR SIDEWALK
VENDORS").
APPROVED AS TO FORM: ATTEST:
,dezt (74oatl
Scott E. Porter
City Attorney
Nickolas S. Lewis
City Clerk
PASSED, APPROVED AND ADOPTED this 20 th day of November 2018.
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I, Nickolas Lewis, City Clerk of the City of West Covina, do hereby certify that the
foregoing Urgency Ordinance No. 2453 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council on the 20 th day of November 2018. That, thereafter, said
Urgency Ordinance was duly adopted and passed at a regular meeting of the City Council on the
20 th day of November 2018.
AYES: Spence, Toma, Warshaw, Wu, Johnson
NOES: None
ABSENT: None
ABSTAIN: None