HomeMy WebLinkAboutORD 1432 URGENCY URGENCY ORDINANCE NO. 1432
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK
VENDING AS DEFINED BY STATE LAW
WHEREAS, state law has declared that Sidewalk Vending provides important
entrepreneurship and economic development opportunities to low-income and immigrant
communities; and
WHEREAS, the safety and welfare of the general public are served by adopting a
program and regulatory scheme consistent with SB 946 which goes into effect on January
1, 2019; and
WHEREAS, Sidewalk Vending contributes to a safe and dynamic public space;
and
WHEREAS, the safety and welfare of the general public are promoted by
prohibiting criminal penalties for violations of sidewalk vending ordinances and
regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
HEREBY ORDAIN:
SECTION 1. That Chapter 122 of the Baldwin Park Municipal Code is hereby
amended as follows:
CHAPTER 122: STREET VENDORS
General Provisions
122.01 Definitions
122.02 Sales from human-powered devices
122.03 Exemptions
122.04 Regulations for sales from vehicles
Permits/Business License
122.15 Application for operator's permit; contents; required fee
122.16 Application for vendor's permit; contents; required fee
122.17 Investigation of applications
122.18 Issuance
122.19 Denial
122.20 Revocation
122.21 Appeals
122.99 Penalty
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GENERAL PROVISIONS
§ 122.01 DEFINITIONS
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
GOODS or SERVICES. This shall include items and products of every kind and
description, including all foods, produce, beverage items, merchandise, wares, as well as
the provision of any service or labor.
HUMAN-POWERED DEVICE. Any device moved by human power including, but not
necessarily limited to, any pushcart, wagon, bicycle, tricycle or other wheeled container
or conveyance.
OPERATOR. Any person or entity owning, operating or otherwise controlling any
business involving the vending of goods or services from a vehicle.
PARKWAY. That area between the edge of the roadway and the adjacent property line,
including sidewalks.
PERSON. Any natural person, firm, partnership, association, corporation or other entity
of any kind or nature.
PUBLIC PROPERTY. Any real property, or interest therein, owned, leased, operated or
otherwise controlled by the city other than a street, alley, parkway, or sidewalk.
PUBLIC RIGHT-OF-WAY. That portion of land dedicated to the city, in fee, as an
easement, or otherwise, for public use for public street purposes which includes, but is
not limited to, roadways, parkways, alleys, sidewalks, and all other public ways and paths.
"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.
"ROAMING SIDEWALK VENDOR" means a sidewalk vendor who moves from place to
place and stops only to complete a transaction.
"STATIONARY SIDEWALK VENDOR" means a sidewalk vendor who vends from a fixed
location.
VEHICLE. This term shall be defined as in the Vehicle Code of the state and shall include
any human-powered device.
VEND, VENDING, SELL or SELLING. The sale or offering for sale of any goods or
services to the public.
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VENDOR. Any person who engages in the act of vending from a vehicle or drives or
otherwise operates any such vehicle for the purpose of vending therefrom.
§ 122.02 SALES FROM HUMAN POWERED DEVICES.
It is unlawful for any person to sell or offer for sale, or to operate a human powered device
or conduct any business for the purpose of causing the sale of or offering for sale, any
goods or services from any human-powered device parked, stopped, or standing on any
public street, alley, parkway, sidewalk or other public property in the city except as follows:
(A)Sidewalk Vendors shall not vend within 25 feet of an intersection, traffic signal,
railroad crossing or controlled crosswalk. Sidewalk Vendors shall not vend in
any area that would block traffic or parking or that would cause vehicles to stop
in traffic lanes. Sidewalk Vendors shall not vend or sell to customers in moving
operating vehicles.
(B)Shall not vend in a city park or facility when an exclusive agreement is in place
with the City and a food vendor.
(C)Sidewalk Vendors shall not vend in a park or City facility between the hours of
10 pm and 7 am. Sidewalk Vendors shall not vend in driveways, parking lots or
any area that would block traffic or parking or cause traffic to back up and be
delayed.
(D)Vendors shall not vend in a school zone or within 500 feet of a school during
loading and unloading times or at any time when children are present.
(E)Sidewalk Vendors shall not vend in any Residential Zoned areas except for
roaming sidewalk vendors, vending from the sidewalk and not blocking traffic or
parking spaces nor vending to customers in moving operating vehicles.
Roaming vendors shall keep moving and shall not be stationary except as
necessary to complete a sale.
(F)Vendors shall at all times hold and display a Los Angeles County Health
Department permit. Carts shall be returned to an approved commissary each
night for servicing, cleaning, and restocking.
(G)Vendors shall at all times hold and display a City of Baldwin Park business
license..
(H)Vendors shall maintain sanitary conditions including but not limited to proper
disposal of trash and waste.
(I) Vendor shall comply with NPDES regulations and implement BMPs for
stormwater runoff draining into municipal storm drains
(J) Vendors shall comply with ADA and shall not block any required ADA path of
travel.
(K)Sidewalk Vendors shall not chain, tie, lock or fasten to any streetlight pole, sign,
fire hydrant or any object within the public right-of-way
(L) Sidewalk Vendors shall not vend within:
a. any designated bicycle or vehicular pathway
b. 50ft of bus stop or bus shelter
c. 25ft of a fire hydrant
d. 25ft of a driveway approach
e. 18-in from curb edge
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(M)Vendors that set up on a public sidewalk shall obtain an encroachment permit
from Public Works. Vendor shall hold permit on premises and make it available
at all times.
(N)Vendors shall possess a valid California Department of Tax and Fee
Administration seller's permit.
(0)Sidewalk vendors shall submit information on his or her operations, including,
but not limited to, any of the following:
(P)The name and current mailing address of the sidewalk vendor.
A description of the merchandise offered for sale or exchange.
Proof of liability insurance;
A Vendor who sells Food, in addition to the requirements of this subdivision, shall
certify completion of a food handler course and present a copy of the course completion
certificate.
A certification by the vendor that to his or her knowledge and belief, the
information contained on the form is true.
The California seller's permit number(California Department of Tax and Fee
Administration sales tax number), if any, of the sidewalk vendor.
If the sidewalk vendor is an agent of an individual, company, partnership, or
corporation, the name and business address of the principal.
(Q)Vendors shall not vend within 1000 feet of any City special event, farmers
market, street fair, concert, or similar venue; or any Temporary Use Permit such
as filming, parades, or outdoor concerts.
(R) Street Vendors shall comply with and provide evidence of compliance to any
applicable local, state or federal rules, regulations or laws.
§ 122.03 EXEMPTIONS
The requirements of this chapter shall not apply to the following:
(A)Any person delivering any goods or services by vehicle where such goods or
services have been ordered in advance for such delivery from any business
located at a permanent location and which goods or services are 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 services on public property where
such person has been authorized by the city to engage in such activity by a permit,
lease, real property license, agreement or other entitlements issued by the city for
such purpose.
(C) Charitable solicitations conducted by or for nonprofit organizations exempt under
26 U.S.C. §501 (c) (3).
§ 122.04 REGULATIONS FOR SALES FROM VEHICLES
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any
business for the purpose of causing the sale or for offering for sale, any goods or services
from any vehicle parked, stopped or standing upon any public street, alley, parkway,
sidewalk or other public property in the city except in accordance with all applicable
provisions of the code and in compliance with each of the following requirements:
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(A)Such vending shall be only by means of a vehicle duly registered and licensed by
the state with an unladen weight of less than 6,000 pounds.
(B) Such vending shall be limited to public streets only and shall not be permitted
upon any alley, parkway, sidewalk, or other public property.
(C) Each operator shall possess and at all times display in conspicuous view upon
each such vehicle a city business license pursuant to Chapter 110 of this code of
ordinances.
(D) Each operator shall possess and at all times display in conspicuous view upon
such vehicle an unexpired and unrevoked operator's permit issued pursuant to §
122.15.
(E) It is unlawful for any vendor to sell or offer for sale any goods or services from any
vehicle pursuant to this section unless such person possesses and at all times
while conducting such vending maintains upon his or her person an unexpired and
unrevoked vendor's permit issued pursuant to § 122.16.
(F) It is unlawful for any operator to permit or allow any vendor under such operator's
control, direction, charge or employ to vend any goods or services from any vehicle
pursuant to this section unless such vendor possesses an unexpired and
unrevoked vendor's permit issued pursuant to § 122.16.
(G) Each operator 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 by law shall
possess and at all times display such required permit(s) in conspicuous view upon
such vehicle.
(H) No vending from such vehicle shall be permitted for a period of time in excess of
ten minutes in any one location and said vehicle must be moved a distance of not
less than 100 feet between consecutive stops at which vending occurs.
(I) No vehicle shall be parked, stopped, or left standing in any manner which blocks
or impedes vehicular access to any driveway or restricts the free movement of
other vehicles upon the public street.
(J) No vehicle shall be parked, stopped, or left standing in any manner which blocks
or impedes vehicular access to any driveway or restricts the free movement of
other vehicles upon the public street.
(K) Each vehicle shall be equipped with a trash receptacle of a size adequate to
accommodate all trash and refuse generated by such vending.
(L) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any
paper, cups, wrappers, litter or other refuse of any kind which were a part of the
goods or services supplied from the vehicle and which have been left or
abandoned within 25 feet of such vehicle on any public property other than in a
trash receptacle provided for such purposes. No vendor or operator shall dispose
of any trash or refuse in any such public or private trash receptacle other than a
trash receptacle owned, operated or otherwise provided by and under the control
of such vendor or operator.
(M)No vending shall be permitted except after the vehicle has been brought to a
complete stop and parked adjacent to the curb in a lawful manner.
(N) Any vehicle from which vending occurs pursuant to this section shall have the
same name, address and telephone number of the holder of the operator's permit
permanently affixed on both the left and right sides of the vehicle. Such information
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shall be in contrast to the color of the background upon which the letters are
placed.
(0) No vending shall be permitted by any operator or conducted by any vendor except
between the hours of 9:00 am and 8:00 pm of each day.
(P) Any use of amplified sound making devices, including vehicle horns, to advertise,
draw attention to or to announce the presence of any such vehicle shall comply
with the limitations and provisions set forth in § 130.40 et seq. of this code of
ordinances. No amplified sound making devices shall be used for such purposed
upon any public street immediately contiguous to any residential zone property
within the city. Nonamplified sound-making devices shall be permitted for such
purposes provided such sounds shall not be made while the vehicle is stopped,
parking, or otherwise in a stationary position; and such sounds shall not be audible
to a person with normal hearing for a distance of more than 200 feet.
(Q) Any operator or vendor using scales or any other weighing or measuring devices
shall have all such scales and devices inspected and sealed by the Weights and
Measures Division of the Los Angeles County Department of Agriculture.
(R) All foods, beverages, utensils and equipment offered for sale or utilized on
vending vehicles shall at all times be protected from contamination and pollution
by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet
infection, overhead leakage, insecticides, rodenticide, cleaning compounds and
other poisonous or deleterious substances, and all other forms of contamination.
(S) Any ice cream truck shall be equipped at all times, while engaging in vending in a
residential area, with signs mounted on the front and rear clearly legible from a
distance of 100 feet under daylight conditions, incorporating the words
"WARNING" and "CHILDREN CROSSING". Each sign shall be at least 12 inches
by 48 inches wide, with letters of a dark color, at least four inches in height, a one-
inch wide solid border, and a sharply contrasting background.
(T) The driver of the ice cream truck shall be required to place an orange cone at the
left rear of the portion of the vehicle after the vehicle has been stopped and parked
adjacent to the curb.
(U) No ice cream trucks shall be permitted to vend on streets with a speed limit of
more than 25 miles per hour.
(V) The driver of the ice cream truck shall have an unobstructed view for 200 feet in
both directions along the street and of any traffic on the said street.
Unless otherwise waived by the city police department and, in addition to other
equipment required by law, each food vending vehicle shall be equipped with the
following:
(1) A convex mirror mounted so that the occupant of the driver's seat can see the
area in the front of the truck which is obscured by the vehicle's hood.
(2) A back-up alarm audible for a distance of at least 100 feet.
(Ord. 1082, passed 5-18-94; Am. Ord. 1265, passed 8-17-05) Penalty, see §
122.99.
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PERMITS/BUSINESS LICENSE
§ 122.15 APPLICATION FOR OPERATOR'S PERMIT; CONTENTS; REQUIRED FEE.
(A) Any person desiring to obtain an operator's permit to conduct or otherwise operate
the business of vending goods or services pursuant to this section shall submit an
application to the Business License Official/Finance Department. The application
shall be accompanied by a non-refundable application fee in such amount
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
the renewal application.
(B) Each applicant for an operator's permit shall furnish the following information and
documentation as part of or in conjunction with such application:
(1) The present or proposed address from which the business is to be
conducted.
(2) The full true name under which the business will be conducted.
(3) The full true name and any other names used by the applicant.
(4) The present residence and business addresses and telephone numbers of
the applicant.
(5) A description of the goods or merchandise which the business will vend.
(6) 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.
(7) A description of the logo, color scheme, insignia, and any other
distinguishing characteristics of applicant's vehicles.
(8) A certificate of insurance or other additional proof as may be required by
the City Attorney or Risk Manager showing evidence of a public liability and
property damage insurance policy for vehicle liability coverage protecting
the operator from all claims for damage to property or bodily injury including
death, which may arise from the operation of vehicles under the permit or
in connection therewith. The insurance shall provide coverage of not less
than $100,000 for bodily injury for each person, $300,000 per occurrence
and property damage coverage of$50,000 per occurrence. The insurance
shall provide that the policy shall not terminate or be cancelled without 30
days advance written notice to the city.
(9) The full true names and residence addresses of all persons employed or
intended to be employed or with whom the applicant has contracted or
intends to contract as drivers and/or vendors and the respective capacities
in which they will be employed including the California driver's license
numbers of all persons who will be employed or engaged as drivers of
vehicles in conjunction with such business.
The applicant, if an individual; or each of the directors, officers or stockholders
holding more than 5% of the stock of the corporation; or each of the partners
including limited partners, or profit interest holders, managers or other
persons principally in charge of the operation of the existing or proposed
business shall also furnish the following information:
(a) California driver's license or social security numbers of the
above described natural persons.
(b) Dates of birth of the above described natural persons.
(c) The permit histories of the above described natural persons for
the three-year period immediately preceding the date of the filing
of the application, including whether such persons, in previously
operating in this or any other city, county, state, or territory, have
ever had any similar license or permit, or franchise revoked or
suspended, and if so, the circumstances of such suspension or
revocation.
(d) All criminal convictions including pleas of guilty or nolo
contendere, suffered by the above-described natural persons,
including code and ordinance violations, but excepting minor
traffic offenses (any traffic offense designated as a felony shall
not be construed as a minor traffic offense), stating the date,
place, nature and sentence of each such conviction.
(10) The applicant, if other than an individual, shall also furnish the
following information:
(a) Each business address of the applicant for the three-year period
immediately preceding the date of the application and the
inclusive dates of each business.
(b) The nature of the business or firm for the three-year period
immediately preceding the date of the application.
(c) 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.
(d) All criminal convictions, including pleas of guilty or nolo
contendere, suffered by the applicant including ordinance
violations, stating the date, place, nature, and sentence of each
conviction.
(11) Such other identification and/or information as the Business License
Official/Finance Department may require in order to discover the truth of
the matters required to be set forth in the application.
§ 122.16 APPLICATION FOR VENDOR'S PERMIT; CONTENT; REQUIRED FEE
(A) Any person desiring to obtain a vendor's permit to engage in the vending of goods
or services, pursuant to this section shall submit an application to Business
License Official/Finance Department.
(B) The 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 the renewal application.
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(C) Each applicant for a vendor's permit, or an operator or applicant for an operator's
permit on behalf of the proposed vendor, shall furnish the following information and
documentation as part of or in conjunction with the application:
(1) The present of proposed address from which the business is to be
conducted.
(2) The full true name under which the business will be conducted.
(3) The full true name and any other names used by the applicant.
(4) The present residence address and telephone number of the applicant.
(5) California driver's license number of the applicant.
(6) Acceptable written proof that the applicant is at least 18 years of age.
(7) The applicant's height, weight, color of eyes and hair, and date of birth.
(8) The business, occupation or employment history of the applicant for the
three-year period immediately preceding the date of the application.
(9) 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 the suspension or revocation.
(10)All criminal convictions, including pleas of guilty or nolo contendere,
suffered by the applicant, including ordinance violations, and traffic offenses.
(11)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
§ 122.15 (H).
(12) Such other identification and/or information as the City Clerk may require in
order to discover the truth of the matters required to be set forth in the
application.
(13)When any change occurs regarding the written information required by
divisions (c) (1) through (12) of this section prior to issuance of the
permit/business license, the applicant shall give written notification of the
change to the City Clerk within two weeks after such change.
(14) 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.
(Ord. 1082, passed 5-18-94)
§ 122.17 INVESTIGATION OF APPLICATIONS
The Business License/Finance Department shall investigate all applications for
operators permits and vendors permits made pursuant to this chapter, and shall
within 30 days after the date of the filing of the application, render a written decision
as to approval or denial of the application for the permit based upon the criteria set
forth in § 122.18.
(Ord. 1082, passed 5-18-94)
§ 122.18 ISSUANCE
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The Business License/Finance Department 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.
(B) The application conforms in all respects to the provisions of this chapter.
(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 within
a period of one year prior to the date of such application.
(E) (1) The applicant if an individual; or any of the directors, officers or
stockholders holding more than 5% 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 a 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 following:
(a) The sale of a controlled substance specified in Cal. Health & Safety
Code § 11054 through 11058.
(b) The sale, distribution or display of harmful or obscene matter.
(c) Indecent exposure.
(d) In the case of applications for a vendor's permit by a person who will
be a driver of a vehicle pursuant to this section, alcohol or drug-related
traffic offenses.
(2) The investigating city employee is specifically authorized to obtain state
summary criminal history record information as provided for in Cal.
Penal Code § 11105. Any complaint about the charges listed in division
(1) above pending before a court of law shall cause the application to be
considered pending until adjudication of the complaint.
(ord. 1082, passed 5-18-94)
§ 122.19 DENIAL
(A) If the Business License Official/Finance Department does not find that all of the
requirements set forth in §122.15, 122.16 or 122.17, 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 Business License
Official/Finance Department, written notice of the 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.
(B) Any applicant whose application for a vendor's or operator's permit has been
denied by the Business License Official/Finance Department may appeal such
denial to City Council by filing a written notice of appeal with the City Clerk or
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designee 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
the notice of appeal shall be the date the notice and the appeal fee are received
by the City Clerk or designee.
(C) 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 the final denial.
(Ord. 1082, passed 5-18-94)
§ 122.20 REVOCATION
Any vendor's or operator's permit may be revoked by the City Clerk or designee 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 a
permit was based.
(B) Conviction of a violation, or pleas of guilty or nolo contendere, by a permittee of any
crime occurring while such person was engaged in conducting vending operations
from a vehicle, whether within or outside the city, involving moral turpitude, or the
possession or sale of any controlled substance specified in Cal. Health &Safety Code
§ 11054 through 11058, or the violation of any provision of Cal. Penal Code Title 9,
Part 1, Chapters 1, 5, 7.5, 7.6 or 8, or an alcohol or drug-related offense in the case
of a vendor's permit held by a person who is a driver of a vehicle operated pursuant
to this section.
(C) Exercise of the permit in a manner contrary to the public peace, health, safety or
general welfare.
(D) No such revocation shall become effective until the expiration of the appeal period
specified in this section. 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 the mailing. A permit holder may
appeal the revocation to the City Council by filing a written notice of appeal with the
City Clerk or designee within ten days following the date of service if the decision and
payment of the appeal fee as prescribed by resolution of the City Council. The date
of filing of the notice of appeal shall be the date the notice and appeal fee are received
by the City Clerk or designee. If a timely appeal is filed, the revocation shall be stayed
pending the decision of the City Council. Otherwise, the revocation shall be effective
after the expiration of the appeal period.
(E) No person or entity whose permit is revoked shall be eligible to apply for a new permit
for a period of one year following the revocation.
(ord. 1082, passed 5-18-94)
§ 122.21 APPEALS
Upon receipt of a timely appeal, the City Council shall hear such appeal within 20 days
following the date of the appeal and shall give the appellant not less than five days
advance notice of the date of the hearing. The decisions of the City Council shall be based
upon the same notice of the date of the hearing. The decision of the City Council shall be
based upon the same criteria as set forth in this section which is applicable to the issuance
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or revocation of the permit. The appellant shall be notified of the decision of the City
Council by mailed, written notice. The decision of the City Council 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 Council'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.
(Ord. 1082, passed 5-18-94)
§ 122.99 PENALTY
A violation of the sidewalk vending program that compiles with Government Code section
51308 is punishable by only the following:
(A) An administrative fine not exceeding one hundred ($100) for a first violation.
(B) An administrative fine not exceeding two hundred dollars ($200)for the second
violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each
additional violation within one year of the first violation.
2. The City may rescind a permit issued to a sidewalk vendor for the term of that
permit upon the fourth violation or subsequent violations. The City may confiscate
and/or impound goods and/or vehicle where said goods are being sold without the
proper licenses required by this chapter.
Section 2. The Chief Executive Officer or its designee is authorized to take action
as may be necessary to implement this ordinance.
Section 3. Should any provision of this chapter, or its application to any person
or circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this chapter or the application of this chapter to any other person or
circumstance, and the provisions of this chapter are severable.
Section 4. Except as expressly modified pursuant to this Ordinance, all other
provisions of the Municipal Code, except where expressly modified by ordinance, shall
remain unmodified and in full force and effect.All ordinances in conflict with the provisions
hereof are superseded to the extent of such conflict.
Section 5. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion or the ordinance
would be subsequently declared invalid or unconstitutional.
Section 6. Pursuant to California Government Code Section 36937 an ordinance
may be adopted without the need to bring it back for a second reading. By adopting the
ordinance as an urgency ordinance, the proposed amendments to the ordinance will go
into effect immediately upon adoption. The City must make a finding that the urgency
ordinance is necessary for the immediate preservation of the public peace, health or
safety and must pass the urgency ordinance by at least 4/5th vote. The factual basis for
approving this amended code is that the State of California has set a deadline of January
1, 2019, for local governments to set forth regulations and rules concerning street
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vending. Based on this factual background adopting this urgency ordinance is necessary
for the immediate preservation of the public peace, health and safety in that the residents
of Baldwin Park require local rules and regulations for now permitted street vending.
Introduced and adopted a regular meeting of the City Council of the City of Baldwin Park
at a regular meeting of said Council on the 5th day of December, 2018.
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PASSED, APPROVED, AND ADOPTED t is 5th day of December, 2018.
A, E • _ •
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the
foregoing Urgency Ordinance No. 1432 was introduced and duly adopted at a regular
meeting of the City Council on December 5, 2018 by the following vote to wit:
AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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JEAN AY• 0
CITY ERK