HomeMy WebLinkAboutAGENDA REPORT 2024 0717 CCSA REG ITEM 09DCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 17, 2024
ACTION ADOPTED ORDINANCE NO. 523.
(ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
D. Consider Urgency Ordinance Amending Title 5 (Business Taxes, Licenses and
Regulations) to Add a New Chapter 5.62 (Sidewalk vendors), to Amend Chapter
5.64 (Street Vendor Permit) and to Add a New Chapter 5.66 (Itinerant Hawkers,
Peddlers, Solicitors, and Merchants), Making a Finding of Exemption Under the
California Environmental Quality Act, and Declaring the Urgency Thereof and the
Immediate Effectiveness of the Ordinance Pursuant to Government Code Sections
36934 and 36937. Staff Recommendation: 1) Receive public comments; and 2)
Adopt Ordinance No. 523, Amending Title 5 (Business Taxes, Licenses and
Regulations) to add a new Chapter 5.62 (Sidewalk Vendors) to amend Chapter
5.64 (Street Vendor Permit) and to add a new Chapter 5.66 (Itinerant Hawkers,
Peddlers, Solicitors, and Merchants), Making a Finding of Exemption Under
CEQA, and Declaring the Urgency Thereof and the Immediate Effectiveness of the
Ordinance Pursuant to Government Code Sections 36934 and 36937. (Staff:
Doug Spondello, Community Development Director) (ROLL CALL AND A
4/5TH VOTE OF THE FULL CITY COUNCIL IS REQUIRED)
Item: 9.D.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Doug Spondello, Community Development Director
Kevin G. Ennis, City Attorney
DATE: 07/17/2024 Regular Meeting
SUBJECT: Consider Urgency Ordinance Amending Title 5 (Business Taxes,
Licenses and Regulations) to Add a New Chapter 5.62 (Sidewalk
Vendors), to Amend Chapter 5.64 (Street Vendor Permit) and to Add
a New Chapter 5.66 (Itinerant Hawkers, Peddlers, Solicitors, and
Merchants), Making a Finding of Exemption Under the California
Environmental Quality Act, and Declaring the Urgency Thereof and
the Immediate Effectiveness of the Ordinance Pursuant to
Government Code Sections 36934 and 36937
BACKGROUND
In 2018, the Legislature passed Senate Bill 946 (SB 946), which decriminalized sidewalk
vending by limiting municipal penalties for violations to administrative citations rather than
criminal citations. That law also severely limited the type and scope of municipal
regulations of sidewalk vending. The purpose of the bill was to promote economic
empowerment in low-income communities and protect vendors from harsh local
regulations on vending. Through this legislation the State preempted cities’ traditional
regulatory authority over sidewalk vendors. Now cities, under Government Code
§§ 51036 et seq., can only restrict sidewalk vending by ordinance or resolution, if the
regulations are directly related to objective health, safety, and welfare concerns as
provided in Government Code (Gov. Code) § 51038(b).
SB 946 added numerous explicit prohibitions on cities’ abilities to regulate sidewalk
vending. Cities may not restrict sidewalk vendors to operate only in designated
neighborhoods or restrict the overall number of vendors permitted to operate within the
city unless the restriction is directly related to objective health, safety, or welfare concerns.
Gov. Code § 51038(b)(1). Cities also cannot require that sidewalk vendors first obtain
the consent or approval of any nongovernmental entity or individual before selling food or
merchandise or impose requirements rooted in animus or economic competition
Item: 9.D.
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concerns. In addition, SB 946 states that perceived community animus or economic
competition does not constitute an objective health, safety, or welfare concern. Gov.
Code §§ 51038(b)(3) and (e).
Noticing a rise in sidewalk and curbside vendors operating in numerous locations in
Ventura County following the pandemic of 2020, the County of Ventura partnered with
cities on compliance and enforcement to address a number of health and safety issues.
One tool is establishing vending rules that comply with state law and the County has
asked cities to update their municipal codes to regulate sidewalk vending in compliance
with new statewide legislation following the adoption of SB 946.
Earlier this year, the City considered possible revisions to the City standards on food
trucks, particularly food trucks on High Street. At the time, the City Council concluded
that, for the time being, the City’s regulations of food trucks would remain as currently
written. If, however, problems occur in the future following the occupancy of new
development on High Street, the City would revisit the potential further regulation of food
trucks in the public right of way.
With respect to sidewalk vending (as distinguished from food truck vending), the City is
required to update its current standards to comply with SB 946. Sidewalk vending
typically includes fruit/corn vendors, flower sales, and mobile peddlers. Currently, the
City regulates sidewalk vendors through a street vendor permit regulatory program that
is contained in Chapter 5.64 of the Moorpark Municipal Code (MMC). That regulatory
program applies to hawkers, peddlers, solicitors, street vendors and transient or itinerant
merchants, as those terms are defined and regulated in Chapter 5.64.
Following the adoption of SB 946, cities are left with limited local authority by which to
regulate sidewalk vending in their jurisdictions. For example, cities may prohibit
stationary sidewalk vendors in residential zones outright, but not mobile sidewalk vendors
(Gov. Code § 51038(b)(4)(B)). Cities may also prohibit sidewalk vendors located near
certified farmers’ markets, swap meets, or other specially permitted temporary events,
but only for the duration of the event, per Gov. Code § 51038(d)(1).
A city may prohibit all sidewalk vending in a park (including open space areas) if the city
has an exclusive concessionaire agreement for that site. Otherwise, cities may adopt
reasonable regulations specific to parks and natural areas if the regulations are:
(1) directly related to objective health, safety, or welfare concerns; (2) intended to protect
the public’s use and enjoyment of the park or natural area and its scenic, natural, and
recreational resources; or (3) necessary to prevent overconcentration of commercial
activity within a park that would unreasonably interfere with its character. Gov. Code
§ 51038 (b)(2)(B).
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Listed below is a summary of what the City may and may not do in connection with the
regulation of sidewalk vendors following the adoption of SB 946.
SUMMARY OF CITY AUTHORITY UNDER SB 946
ALLOWED PROHIBITED
• Limit hours of operation.
• Prohibit stationary sidewalk
vending in residential areas.
• Prohibit sidewalk vending near
farmers' markets, swap meets, and
temporary special permit areas.
• Require sanitary conditions.
• Require vendors to comply with
the Americans with Disability Act (for
example, vendors cannot block curb
ramps).
• Require a permit or license.
• Request certain information about
the business' operations (name,
mailing address, type of sale).
• Require sidewalk vendors to
operate in a specific area, unless the
local authority is restricting vending to
protect the community's health, safety,
or welfare.
• Require vendors to ask permission
from businesses or anyone besides
the government.
• Prohibit sidewalk vendors from
operating in public parks, unless
the park has a concession
agreement, or the park is restricting
vending to protect the community's
health, safety, or welfare.
• Restrict the number of sidewalk
vendors, unless the city or county
must restrict the number of vendors
to protect the community's health,
safety, or welfare.
Proposed Urgency Ordinance
In accordance with state law, and the County’s model ordinance, the City’s
proposed urgency ordinance contains the following elements:
1. Vending on public right of way will only be allowed to take place with the
issuance of a City-authorized Sidewalk vending permit, which must be obtained prior to
vending and renewed annually.
2. The ordinance differentiates between stationary sidewalk vendors, who
vend from fixed locations, and roaming sidewalk vendors who move from place to place
and stop to complete a transaction.
3. Stationary sidewalk vending would be prohibited in residential zones, but
roaming vending carts would be allowed in residential areas as required by state law.
4. An application and permit process is included, and escalating fines are
provided in accordance with state law.
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5. Distance requirements from various public locations and facilities, as well
as other vendors to ensure public health and safety. For example, sidewalk vending
would be prohibited within 25 feet of a crosswalk, within 100 feet of an intersection, upon
a public street median, on a bike path, within 45 feet of a bus bench, within 15 feet of a
fire hydrant, 15 feet from another sidewalk vendor, 30 feet from an outdoor dining or patio
dining area, 15 feet from a building entrance or exit during business hours, and within 100
feet from a fire station or police department building. These are all imposed for
pedestrian, vehicular, traffic, and health and safety reasons.
6. Vending is limited in certain areas such as parks based not only on public
safety, health, and welfare concerns, but also to ensure that recreation opportunities are
not unreasonably affected by commercial vending and that the scenic and natural
characteristics of the park are maintained by preventing an undue concentration of
commercial activity.
7. Vending is prohibited to any individuals traveling within motor vehicles along
a public roadway to avoid interference with traffic, motor vehicles, and to protect public
safety.
8. Compliance is required with all Ventura County Environmental Health
requirements related to food service and preparation and other applicable laws to protect
public health.
9. An application is required even if an individual is employed or engaged by
another individual or a business or will use vending equipment owned by another
individual or a business.
10. The ordinance prohibits the use of amplified or non-amplified sound-making
devices in conjunction with vending, including loudspeakers, microphones, public
address systems, bells, and chimes.
11. The ordinance imposes reasonable limitations on the overall size and height
of displays/equipment in order to ensure public safety by limiting the size of carts and
tables to fifteen (15) square feet and not to exceed a linear distance greater than five (5)
feet on any one side. These are imposed to protect pedestrian accessibility.
12. The ordinance requires all signs to be attached to the vending cart
(including a table) and no sign may extend above or beyond the cart or table. The
ordinance prohibits the use of airborne signs such as balloons, banners, feather flags,
flags, pennants, and signs attached to drones. It also prohibits the use of drones used to
advertise the location of, or products sold at, a sidewalk vending cart are prohibited. No
free-standing signs may be placed on the Sidewalk. Merchandise such as banners,
feather flags, flags and pennants must be displayed directly on the cart or table and may
not extend above or beyond the cart or table. This is imposed to protect public safety
from visual obstructions to the line of sight for pedestrians traveling on sidewalks and
motorists traveling on adjacent roadways.
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13. The ordinance prohibits vending the following goods: alcoholic beverages,
tobacco products, vaping products, smoking and drug related paraphernalia not including
apparel, cannabis products, weapons, pharmaceuticals, live animals, or other products
prohibited by local, state, and federal laws.
14. The ordinance requires defense and indemnity of the City and its officers,
employees, and others.
ANALYSIS/DISCUSSION
As the first step in preparing a permanent ordinance, staff believes that the adoption of
these interim standards will assist the City in complying with state law while, at the same
time, ensuring that the City has enforceable and appropriate regulations in place to
address the public health and safety impacts arising from sidewalk vending as permitted
by state law. Staff anticipates returning with a permanent amendment to the Moorpark
Municipal Code by early Fall, 2024.
The City’s new Sidewalk Vending Regulations would be contained in a new Chapter 5.62
of the MMC. Regulations regarding “street vendors” including food trucks would remain
located in Chapter 5.64 with clarification that Chapter 5.62 rather than Chapter 5.64
regulates Sidewalk vendors. Finally, a new Chapter 5.66 would be added to address
itinerant hawkers, peddlers, solicitors and merchants, such as door-to-door salespeople.
ENVIRONMENTAL DETERMINATION
Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA)
Guidelines, a project is not subject to CEQA “where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment. The proposed amendments to the MMC Zone Code Amendment are
exempt from review under CEQA because it can be seen with certainty that there is no
possibility that the enactment of this new regulation may have a significant effect on the
environment and adoption of a Municipal Code Text Amendment does not create a
significant effect on the environment because it would limit the activity associated with
these uses in a manner that is more restrictive than what is currently permitted.
Therefore, the Community Development Director has determined that the proposed
ordinance is exempt from environmental review, pursuant to Sections 15061(b)(3) of the
CEQA Guidelines and no further environmental documentation is required.
URGENCY FINDINGS
Sidewalk vendors have already started to operate in the City, but without adequate
regulations. For example, the City currently does not have sufficient regulations
pertaining to the size of vendor tables and materials, and their permitted distance from
street intersections, driveways, bus stops, fire hydrants or other utility infrastructure.
Without the immediate effectiveness of the regulations contained in this Ordinance, the
placement and size of sidewalk vending establishments may obstruct pedestrian access
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along sidewalks, create traffic line-of-sight obstructions, and otherwise create dangers to
pedestrians and motorists. Without regulation, motorists may stop adjacent to sidewalk
vendors and pedestrians may gather near them in a manner that obstructs the flow of
traffic, creates traffic hazards and other risks to the general public.
This Ordinance requires a permit process so that the public can be protected from
vendors who do not otherwise meet important health, safety and operating standards.
With respect to the vending of food and food products, this Ordinance requires that
vendors obtain County health permits and comply with applicable sanitation and food
preparation, labeling, and handling laws. The Ordinance also imposes sanitary standards
to protect the City from improper disposal of cooking materials and waste and from food
vendors. This Ordinance imposes enforcement provisions consistent with state law to
ensure that violations can be discouraged and repeat offenders precluded from additional
operations in the City.
Without the immediate imposition of these new standards, the public health and safety
will be at risk from the operation of roaming and stationary sidewalk vendors who would
not otherwise have to comply with any of the provisions of this Ordinance. For example,
without this Ordinance, vending carts and tables could exceed appropriate sizes and be
located on narrow paths of travel and thereby block or impede the safe path of travel and
force pedestrians to maneuver around these carts and tables and into abutting roadways
where they may face the risks of on-coming vehicle or bicycle traffic. Unregulated vending
carts and tables may be set up in areas too close to facilities that are undergoing
inspection, maintenance, and repair so as to impede the safety of City and utility crews
as well as vendors and their customers. They could also be too close to other utility
facilities, such as fire hydrants, and thereby impede fire and other emergency services.
Finally, if sidewalk vending is allowed without regulation, there is the potential that
vending carts will proliferate on public sidewalks and other public rights of way throughout
the City without regard to the potential impacts to health, safety, and welfare.
For all these reasons, and based on all the evidence in the record, this Urgency Ordinance
is necessary for the immediate preservation of the public health, safety and welfare, and
pursuant to Gov. Code Section 36937(b), shall take effect immediately.
REQUIRED 4/5TH VOTE FOR ADOPTION AS AN URGENCY ORDINANCE
This is an Urgency Ordinance with its provisions being adopted in one reading and with
one vote instead of with two readings at two separate meetings and with two votes. Also,
as an Urgency Ordinance, it takes effect immediately and without a thirty-day referendum
period. Accordingly, to pass this Urgency Ordinance, state law requires it to be adopted
by a four-fifth (4/5th) vote of the City Council. If there are not four affirmative votes for the
adoption of this Ordinance, it will not pass and will not be adopted.
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NOTICING
City staff has provided notice to vendors with a current license regarding the City’s new
interim regulations. Staff will continue to educate and assist vendors on how to comply
with the City new standards and any permanent regulations that may ultimately be
adopted by the City Council.
FISCAL IMPACT
There are no direct fiscal impacts associated with this request.
COUNCIL GOAL COMPLIANCE
This action is generally supportive of City Council Goal No 1. “Moorpark Quality of Life”.
STAFF RECOMMENDATION
(ROLL CALL AND A 4/5TH VOTE OF THE FULL CITY COUNCIL IS REQUIRED)
1. Receive public comments; and
2. Adopt Ordinance No. ___, Amending Title 5 (Business Taxes, Licenses and
Regulations) to add a new Chapter 5.62 (Sidewalk vendors) to amend Chapter
5.64 (Street Vendor Permit) and to add a new Chapter 5.66 (Itinerant Hawkers,
Peddlers, Solicitors, and Merchants), Making a Finding of Exemption Under
CEQA, and Declaring the Urgency Thereof and the Immediate Effectiveness of the
Ordinance Pursuant to Government Code Sections 36934 and 36937.
Attachment: Draft Urgency Ordinance No. ___
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING TITLE 5 (BUSINESS TAXES,
LICENSES AND REGULATIONS) TO ADD A NEW
CHAPTER 5.62 (SIDEWALK VENDORS), AMEND
CHAPTER 5.64 (STREET VENDOR PERMIT) AND ADD
NEW CHAPTER 5.66 (ITINERANT HAWKERS, PEDDLERS,
SOLICITORS, AND MERCHANTS), TO THE MOORPARK
MUNICIPAL CODE, MAKING A FINDING OF EXEMPTION
UNDER CEQA, AND DECLARING THE URGENCY
THEREOF AND THE IMMEDIATE EFFECTIVENESS OF
THIS ORDINANCE PURSUANT TO GOVERNMENT CODE
SECTIONS 36934 AND 36937
WHEREAS, Senate Bill (“SB”) 946, codified in Government Code Sections 51036
through 51039, imposes limits on how cities may regulate sidewalk vending; and
WHEREAS, among other things, SB 946 limits city regulation of sidewalk vending
to restrictions that are directly related to objective health, safety, or welfare concerns and
prohibits punishment for street vending-related violations unless it is through an
administrative fine; and
WHEREAS, SB 946 recognizes that cities have an interest in the regulation of
traffic, including ensuring the appropriate flow of traffic and in ensuring the safety of
pedestrians on the road or the sidewalk, and acknowledges that municipal regulations
that are directly related to objective health, safety, or welfare concerns may be adopted;
and
WHEREAS, such regulations include those concerning hours of operation,
sanitation, sidewalk access, food and health permits, compliance with other generally
applicable laws, and avoidance of interference with city-sponsored special events or
permitted activities; and
WHEREAS, the City of Moorpark addresses itinerant hawkers, peddlers, solicitors,
and merchants through Moorpark Municipal Code (MMC) Chapter 5.64, which has limited
prohibitions on vending, but does not explicitly address the type of sidewalk vending
activity addressed by SB 946; and
WHEREAS, the City Council desires to amend the MMC to implement sidewalk
vending regulations consistent with the requirements of SB 946, and make other
conforming changes in new Chapters 5.62 and 5.66 and in amendments to Chapter 5.64;
and
WHEREAS, the City Council finds that there has recently been a proliferation of
sidewalk vendors and there is an immediate need to establish updated standards to
conform to SB 946 and to protect an immediate threat to the public, health and safety
posed by unregulated sidewalk vendors.
ATTACHMENT
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council exercises its independent judgment and finds that
the proposed ordinance is not subject to California Environmental Quality Act (CEQA),
pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment), and Section 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 the subject regulations have no
potential for resulting in any significant physical change to the environment, either directly
or indirectly.
SECTION 2. Chapter 5.62 (Sidewalk Vendors) is added to the City of Moorpark’s
Municipal Code as set forth in the attached Exhibit A.
SECTION 3. Chapter 5.64 (Street Vendors) is amended as set forth in the attached
Exhibit B.
SECTION 4. Chapter 5.66 (Itinerant Hawkers, Peddlers, Solicitors and Merchants)
is added as set forth in the attached Exhibit C.
SECTION 5. Urgency Findings.
A. The City Council desires to provide for the public safety, health and welfare
of the residents and visitors to the City of Moorpark (“City”) by exercising its police power
authority under Section 7 of Article XI of the California Constitution.
B. The City Council finds that, based on the provisions of Government Code
Section 51036 through 51039, the City is only permitted to regulate sidewalk vendors in
compliance with state law and that the City is limited to imposing regulations on sidewalk
vendors that are directly related to objective health, safety and welfare concerns. In
addition, these state laws also limit the type of penalties that may be imposed for violating
local sidewalk vending ordinances.
C. Sidewalk vendors have already started to operate in the City but without
adequate regulations. For example, the City does not currently have regulations
pertaining to the size of stationary vendor tables, the placement of tables and materials
on the sidewalk, their permitted distance from street intersections, driveways, bus stops,
fire hydrants or other utility infrastructure. Without the immediate effectiveness of the
regulations contained in this Ordinance, the placement and size of sidewalk vending
establishments may obstruct pedestrian access along sidewalks, create traffic line of sight
obstructions, and otherwise create dangers to pedestrians and motorists. Without
regulation, motorists may stop adjacent to sidewalk vendors and pedestrians may gather
near them in a manner that obstructs the flow of traffic, creates traffic hazards and other
risks to the general public.
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D. Based on the findings above and all the evidence in the record, the City
Council finds that this Urgency Ordinance is necessary for the immediate preservation of
the public health, safety and welfare, and pursuant to Government Code Section
36937(b), shall take effect immediately. Government Code Sections 50138 and 10139
preclude the City from regulating sidewalk vending except in compliance with strict and
limiting provisions, and until the City has adopted standards that satisfy the requirements
and limitations of that law, the City is not able to apply and enforce basic, necessary and
common sense rules and regulations to protect vendors, pedestrians, motorist and the
general public from a series of potential risks to the public health, safety and welfare.
E. This Ordinance requires a permit process so that the public can be
protected from vendors who do not otherwise meet important health, safety and operating
standards. With respect to the vending of food and food products, this Ordinance requires
that vendors obtain County health permits and comply with applicable sanitation and food
preparation, labeling, and handling laws. The Ordinance also imposes sanitary standards
to protect the City from improper disposal of cooking materials and waste and from food
vendors. The Ordinance imposes locational restrictions with respect to adjacent streets,
intersections, physical obstructions on the sidewalk and other standards to protect
vendors, disabled and other pedestrians and motorists from physical and visual
obstructions that hinder the safe passage along streets and sidewalks. This Ordinance
imposes enforcement provisions consistent with state law to ensure that violations can
be discouraged and repeat offenders precluded from additional operations in the City.
F. Each and every provision of this Ordinance is needed so that future vendors
that seek to operate in the City may do so in a safe and healthy manner, not only for their
protection but for the protection of pedestrians and disabled individuals that need a safe
path of travel on City sidewalks, for the protection of passing motorists who need to have
their driving visibility unimpaired and for consumers who need to have their health
protected. Without the immediate imposition of these new standards, the public health
and safety will be at risk from the operation of roaming and stationary sidewalk vendors
who would not otherwise have to comply with any of the provisions of this Ordinance. For
example, without this Ordinance, vending carts and tables could exceed appropriate sizes
and be located on narrow paths of travel and thereby block or impede the safe path of
travel and force pedestrians to maneuver around these carts and tables and into abutting
roadways where they may face the risks of on-coming vehicle or bicycle traffic.
Unregulated vending carts and tables may be set up in areas too close to facilities that
are undergoing inspection, maintenance and repair so as to impede the safety of City and
utility crews as well as vendors and their customers. They could also be too close to
other utility facilities, such as fire hydrants, and thereby impede fire and other emergency
services. Finally, if sidewalk vending is allowed without regulation, there is the potential
that vending carts will proliferate on public sidewalks and other public rights-of-way
throughout the City without regard to the potential impacts to health, safety, and welfare.
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G. For all these reasons, the adoption of this Ordinance is necessary for the
immediate protection of the public health, safety and welfare and shall take effect
immediately pursuant to Government Code Section 36937 (b).
SECTION 6. 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, 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.
SECTION 7. The City Clerk shall cause this Ordinance or a summary hereof to be
published in a newspaper of general circulation, published in the County of Ventura and
circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of
the California Government Code; shall certify to the passage and adoption of this
Ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
SECTION 8. This Ordinance is adopted as an Urgency Ordinance for the
immediate preservation of the public peace, health and safety within the meaning of
Government Code Sections 36934 and 36937(b) and therefore shall be passed
immediately upon its introduction and shall become effective immediately upon its
adoption by a minimum 4/5 vote of the City Council.
PASSED and ADOPTED this 17th day of July, 2024
_______________________________
Chris R. Enegren, Mayor
ATTEST:
_________________________________
Ky Spangler, City Clerk
Exhibit A – Chapter 5.62 (Sidewalk Vendors)
Exhibit B – Chapter 5.64 (Street Vendors)
Exhibit C – Chapter 5.66 (Itinerant Hawkers, peddlers, solicitors and merchants)
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EXHIBIT A
“Chapter 5.62
SIDEWALK VENDORS
5.62.01 – Purpose and Findings.
A. Purpose. Sections 51036 thru 51039 of the California Government Code
confers upon local governments the authority to adopt regulations designed to promote
the public health, safety, and general welfare of its citizens. The requirements set forth in
this chapter are intended to protect the public's health, safety, and welfare using objective
standards by ensuring that vendors on public property provide safe and sanitary
conditions for consumers and the general public, are adequately insured, are properly
licensed with all agencies, and employ persons that do not pose a threat to customers
and the general public. This Chapter is adopted pursuant to the City's police powers for
the purpose of regulating vending on the Sidewalk as defined in this Chapter.
B. Findings.
1. The City Council finds that the establishment of a sidewalk vending program
will benefit the City as a whole by facilitating entrepreneurship and providing economic
opportunity for people to support themselves and their families, and by contributing to a
diversity of food options and lively streets.
2. The City Council finds that the act of vending on sidewalks and other areas
of the public right-of-way also creates the potential for increased safety hazards, such as,
but not limited to, inhibiting the ability of disabled individuals and other pedestrians to
follow a safe path of travel; in accordance with the requirements of federal and state law
relating to disability access; interfering with the performance of police, firefighter, and
emergency medical personnel services; encouraging pedestrians to cross mid-block or
stand in roadways to purchase products; and creating obstacles and contributing to
congestion for pedestrian, vehicle, and bicycle traffic.
3. The City Council finds that the permit requirements proposed are consistent
with SB 946, as they are reasonable, related to the public health and safety, and welfare
concerns, and are based upon compliance with other generally applicable laws including
but not limited to the Americans with Disabilities Act and other disability access laws and
to maintain minimum safe access along public sidewalks.
4. The City Council finds that minimum separation requirements between
sidewalk vendors and utility infrastructure are necessary in order to maintain the continued
operation of above-ground utilities, by protecting utility infrastructure from damage and
providing sufficient area for their safe repair and replacement.
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5. The City Council finds that minimum separation requirements between
sidewalk vendors and public art is necessary in order to protect the safety and security
public art structures.
6. The City Council finds that the standards imposed on stationary sidewalk
vendors requiring a minimum path of accessible travel are necessary to comply with the
Americans with Disabilities Act and maintain minimum safe access along public
sidewalks.
7. The City Council finds that restrictions on sidewalk vending are needed to
accommodate vendors and their equipment, while also safe-guarding the flow of
pedestrian movement on sidewalks and in the public right-of-way, and ensuring no
interference with the performance of police, firefighter, and emergency medical personnel
services.
8. The City Council finds that the regulation of vendors engaged in the sale of
food and food products will help to ensure that sidewalk vendors obtain all necessary
permits and comply with applicable sanitation, food preparation, and food handling laws,
and thereby will protect the public health and safety against health problems such as food
contamination, poor hygienic practices, and the threat of food poisoning.
9. The City Council finds that regulations related to the collection and disposal
of trash or other debris generated by sidewalk vending are necessary to ensure that such
trash or debris is not left, thrown, discarded, or deposited on City streets, sidewalks,
pathways, gutters, or storm drains, or upon public or private lots, to prevent the same from
becoming a pollutant, lead to the proliferation of vermin or pests, or otherwise create a
public nuisance.
10. The City Council finds that vending within five hundred (500) feet of schools
impacts pedestrian and vendor safety due to overcrowding on sidewalks, which results in
school children and their caretakers walking in the street along the sidewalk to keep
moving forward.
11. Establishing restrictions on street and sidewalk vending and operating
noise-making devices in residential zones protects the quality of life of City residents and
minimizes disruption to the peace and quiet enjoyment of residential property;
12. Establishing traffic and safety conditions for street and sidewalk vendors
ensures the safety of residents, street and sidewalk vendors, and minimizes impact to
public streets and the public right-of-way.
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5.62.02 – Definitions.
Unless otherwise apparent from the context, certain words and phrases used in
this chapter are defined as follows:
“Cart” means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display,
rack, showcase, stand, table, display, or other non-motorized conveyance, other wheeled
container or mechanism or from one’s person, and includes a stationary cart or a roaming
cart.
“California Retail Food Code” means Part 7 of Division 104 of the California Health
and Safety Code (commencing at Section 113700).
“Director” means the Director of the Community Development Department or
his/her designee.
“Department” means the City’s Community Development Department.
“Food” means any type of edible substance or beverage.
“Goods” or “merchandise” means any items and products of every kind and
description, including all food, produce, and beverage items.
“Health Department” means the County of Ventura Resource Management Agency
Environmental Health division, or its successor.
“Health Department Permit” means any and all licenses, permits, certifications, and
courses required and issued by the Health Department to vend food within the City in
accordance with this Chapter.
“Person” or “persons” means one or more natural persons, individuals, groups,
businesses, business trusts, companies, corporations, joint ventures, joint stock
companies, partnership, entities, associations, clubs or organizations composed of two or
more individuals (or the manager, lessee, agent, servant, officer or employee of any of
them), whether engaged in business, nonprofit or any other activity.
“Roaming vending cart” means a pushcart, pedal-driven cart, wagon, or other
nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place
to place, and with stops only to complete a transaction.
“Roaming sidewalk vendor” has the same meaning as set forth in Government
Code section 51036(b), and includes a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
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“Rules and regulations” means the rules and regulations, if any, established by the
Director and adopted by City Council resolution, concerning the sidewalk vending program
that are intended to clarify and aid in the administration and enforcement of this chapter.
“Sidewalk” means any paved surface in the public right-of-way provided for the use
of pedestrians and includes pedestrian paths or any real public property, public easement,
public street, street median, alley, parkway, public sidewalk, or other interest therein
owned, held, leased, operated or otherwise controlled by the City.
“Sidewalk vending permit” means a permit issued by the City to vend goods or
merchandise within the City in accordance with this Chapter.
“Sidewalk vending program” means the program established by this Chapter that
is applicable to sidewalk vending-related activities.
“Sidewalk vendor” has the same meaning as set forth in Government Code section
51036(a), and includes a person who sells food, goods or merchandise from a Cart upon
a Sidewalk.
“State seller’s permit” means a permit issued by the California Department of Tax
and Fee Administration.
“Stationary vending cart” means a Cart intended to be operated from a fixed
location by a Stationary sidewalk vendor.
“Stationary sidewalk vendor” has the same meaning as set forth in Government
Code section 51036(c), and includes a Sidewalk vendor who vends from a fixed location.
“Vend” or “Vending” means to sell, offer for sale, expose or display for sale, solicit
offers to purchase, barter, or exchange anything of value, even if the transaction is
characterized as a donation.
5.62.03 – Administration.
The Department is authorized to issue Sidewalk vending permits in accordance with this
Chapter.
A. The Director is authorized to develop and enforce, rules and regulations
regarding the licensing, permitting, and operation of vending from a Sidewalk, in
accordance with this Chapter.
B. The Director is authorized to develop and enforce, rules and regulations
regarding the licensing, permitting, and operation of vending from a Sidewalk, in
accordance with this Chapter.
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5.62.04 – Sidewalk Vending Permit required.
No Sidewalk vendor may vend or operate anywhere within the City without first
obtaining a Sidewalk vending permit. Sidewalk vendors must comply with the terms and
conditions set forth in the Sidewalk vending permit.
5.62.05 – Application requirements.
A. To obtain or to renew a Sidewalk vending permit, a Sidewalk vendor must
provide the following as part of the application:
1. Valid identification, such as a State of California driver’s license or
identification number, an individual taxpayer identification number, or a municipal
identification number, Social Security number, or any other government-issued
identification card.
2. The full true name, address and telephone number (business and
residential) of the Sidewalk vendor.
3. Applicant's height, weight, and color of eyes and hair;
4. One (1) photograph of the applicant at least two (2") inches by two (2")
inches taken within four (4) months preceding the date of the application;
5. Proposed hours and days of operation.
6. Whether the Sidewalk vendor intends to operate a Stationary vending cart
or a Roaming vending cart.
7. Proposed location of operation. An application for placement of a Stationary
vending cart in a Commercial or Industrial zoned area of the City as identified in the City
Zoning Code must contain the proposed location, marked by major cross streets, and a
photo or sketch of such location. An application for a Roaming vending cart in a
Residential zoned area of the City as identified in the City Zoning Code must contain a
sketch or description of the route the Sidewalk(s) vendor will travel.
8. The type of goods or merchandise the Sidewalk vendor will vend.
9. Proof of a valid City Business Registration.
10. Each Sidewalk vending permit application shall be accompanied by a non-
refundable permit fee. The fee for obtaining the permit required by this chapter shall be
set by resolution of the Council. Individuals over the age of sixty-five (65), individuals
under the age of eighteen (18), and veterans physically unable to obtain a livelihood by
manual labor who qualify under Sections 16001 and 16001.5 of the Business and
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Professions Code of the State shall be exempted from paying such fee. In addition, any
person soliciting on behalf of any institution or organization recognized by a tax board of
the State and the Internal Revenue Service of the United States, which institution or
organization is conducted wholly for the benefit of charitable, religious, or nonprofit
purposes and from which profit is not derived, either directly or indirectly, by any person,
shall be exempted from paying such fee.
11. A signed waiver and release and indemnification consistent with the
provisions of subsection B.
12. Proof of a valid California Department of Tax and Fee Administration seller’s
permit and additional licenses from state or local agencies to the extent required by law.
13. Proof of a valid Ventura County Health Department Permit and California
Retail Food Code compliance for food-related vending, if applicable.
14. Proof of a valid certificate of completion from a Ventura County or other
California county food handler course, if applicable.
15. A statement as to whether or not the applicant has ever had any license or
permit issued by any agency or board, city, county or state revoked or suspended, or has
had any professional or vocational license or permit revoked or suspended, and the
reason(s) for the revocation(s).
16. A declaration that the information provided to the City is true and correct.
B. Release and Indemnification Requirements.
1. If the City issues a vending permit, as a condition of such permit issuance,
permittee agrees to waive and release the City and its officers, agents, employees,
contractors, and volunteers from and against any and all claims, costs, liabilities,
expenses, or judgments including attorneys’ fees and court costs arising out of any
vending activities or any illness or injury resulting therefrom, and shall agree to indemnify
and hold harmless the City, its officers, agents, employees, contractors and volunteers
from and against any and all such claims, whether caused by negligence or otherwise,
except for illness and injury resulting directly from gross negligence or willful misconduct
on the part of the City, its officer, agents, employees, contractors and volunteers.
2. If the City issues a vending permit, as a condition of such vending permit
issuance, permittee shall acknowledge that the use of any sidewalk is at the sidewalk
vendor’s own risk and the City will not take any steps to ensure any sidewalk is safe for,
or conducive to, the vending activities.
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C. Sidewalk vending permits will expire one year after the date of issuance,
unless the permittee has requested and been granted a shorter duration or unless the City
issues it for a shorter duration.
D. Sidewalk vending permits are not transferable.
E. A person whose Sidewalk vending permit is revoked may not renew their
Sidewalk vending permit for one year.
F. In accordance with Government Code section 51038(c)(4), identification
numbers, such as social security numbers, shall be confidential and shall not be disclosed.
G. An applicant may apply to operate a maximum of one cart at any given
period of time. An applicant who desires to operate one type of cart on certain days or
times and another type of cart on other days or times, may apply to operate those carts
under one permit rather than having to apply for and obtain two different permits. If more
than one cart is intended to be operated concurrently and at the same time of day and
with one of the carts operated by another individual, a separate application shall be
required for each cart.
H. Immediately report a lost or stolen permit to the Department.
I. An applicant who is issued a Sidewalk vending permit shall return the permit
to the Department immediately on termination of employment or self-employment. A
Sidewalk vendor permit shall become void upon termination of employment or self-
employment.
J. An applicant who is issued a Sidewalk vending permit shall not allow any
person to use or duplicate their permit. If a permit is found to be used by another
individual, it shall be considered a violation of this Chapter, unless previously reported as
lost or stolen as indicated in this section.
5.62.06 – Director review and action on application.
Upon receipt of a complete application for a Sidewalk vending permit, the Director
will cause the application to be reviewed and within 10 days of submittal of a complete
application will either: (1) approve or conditionally approve the permit if all applicable
requirements of this Chapter are satisfied; or (2) deny the application if all applicable
requirements of this Chapter are not satisfied. Notice of the Director’s decision to approve
or conditionally approve the permit may be provided by regular U.S. mail or by electronic
mail. Notice of the Director’s decision to deny the permit will be provided by certified or
registered mail or by personal delivery to the applicant within three business days of the
decision.
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5.62.07 – Operational requirements.
A. Every Cart used to vend food must be approved by the Ventura County
Health Department, unless otherwise exempt pursuant to Ventura County Health
Department regulations. A Cart may only vend the types of food that are listed and
approved by the Ventura County Health Department under the Health Department Permit,
unless the types of food is otherwise exempt from such Permit requirements.
B. A Cart used for Sidewalk vending must obtain, possess, and prominently
display a valid Sidewalk vending permit and all other required permits that are issued by
other public agencies or as required by this Chapter.
C. Each sidewalk vendor that has obtained a sidewalk vending permit from the
City, shall be given a sidewalk vending badge, which badge shall be available for viewing
and inspection by the Director during all hours of operation of the sidewalk vending cart.
D. A Cart used for Sidewalk vending must be placed and used at all times in
compliance with the terms and conditions of the Sidewalk vending permit and all other
applicable laws and regulations, including the California Retail Food Code if food is sold.
E. No Cart that is used for Sidewalk vending may exceed fifteen (15) square
feet, and also not exceed a linear distance greater than five (5') feet, on any one side.
Merchandise such as banners, feather flags, flags and pennants must be displayed
directly on the Cart and may not extend above or beyond the Cart.
F. A Cart must operate according to its approved hours of operation. The
Director may impose reasonable hours of operation for Sidewalk vendors. For Sidewalk
vending in Commercial or Industrial zoned areas, the Director may limit the hours of
operation in a manner consistent with other businesses or uses on the same street(s) in
those Commercial or Industrial zoned areas.
G. No Cart or any material or matter brought to the location by the Sidewalk
vendor may be left on the Sidewalk during any pause in business or after the Sidewalk
vendor ends operations for each day.
H. A Sidewalk vendor must maintain a clean and trash-free 50-foot radius from
a Cart during hours of operation and must leave the area clean by the approved end of
daily operation(s).
I. Sidewalk vendors that vend food items must provide a trash receptacle for
customers and must ensure proper disposal of customer trash. The trash receptacle must
be large enough to accommodate customer trash without resorting to existing trash
receptacles for use by the general public.
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J. A Stationary vending cart that vends food must be operated within 200 feet
travel distance of an approved and readily available toilet and handwashing facility as
required by California Health and Safety Code section 114315. If the facility is located on
private property, the Stationary sidewalk vendor must possess a copy of an enforceable
contract between the private property owner and the Stationary sidewalk vendor allowing
the Stationary sidewalk vendor to utilize such facilities, including the days and hours of
operation.
K. Sidewalk vendors must comply with all applicable federal, state, county, and
local laws, regulations, and ordinances.
L. A Sidewalk vending permit does not provide an exclusive right to operate on
any sidewalk or portion thereof.
M. Sidewalk vending is prohibited to any individual traveling within motor
vehicles along a public roadway to avoid interference with traffic, motor vehicles, and to
protect public safety.
N. All signs must be attached to the Cart and no sign may extend above or
beyond the Cart. Airborne signs such as balloons, banners, feather flags, flags, pennants
and signs attached to drones are prohibited. In addition, drones used to advertise the
location of, or products sold at, the Cart are prohibited. No free standing signs may be
placed on the Sidewalk.
O. Carts must be self-contained, including any power, fuel, cooling, cooking,
shading, and heating equipment. Sidewalk vendors shall not connect any equipment or
device to any external source of power, water, or other utilities located on public or private
property.
P. Sidewalk vendors may not set up tables, chairs, or other structures, unless
otherwise approved by the City. One chair or stool may be used by the sidewalk vendor
for personal use.
Q. Sidewalk vendors shall only use one conveyance, one table or one display
to conduct operations. No goods may be displayed on the ground.
R. Sidewalk vendors shall not use a freestanding shade or weather canopy but
may use one umbrella with a diameter not to exceed 48 inches that is attached to the cart.
S. No sidewalk vendor or Cart may use or operate any loud speaker, public
address system, radio, sound amplifier, bells or chimes, or other similar device.
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T. Before non-electric generators or auxiliary power may be used to power a
Cart, the Sidewalk vendor must obtain permission, as applicable, from the Ventura County
Air Pollution Control District.
U. Outdoor wood burning ovens or charcoal barbecues or any gasoline or
kerosene powered appliance or equipment are prohibited.
V. Vending, marketing or advertising of services is prohibited.
W. Sidewalk vendors are prohibited from vending the following goods:
1. alcoholic beverages;
2. tobacco products and vaping or electronic smoking devices;
3. illicit drugs and related paraphernalia;
4. pharmaceuticals;
5. cannabis and cannabis products;
6. sexually oriented or sexually explicit items;
7. real or imitation weapons such as knives, firearms, or explosive devices;
8. live animals; and
9. other products that are prohibited for sale by city ordinance or state or
federal law.
X. Sidewalk vendors shall display only goods that are available for immediate
on-site sale.
Y. Sidewalk vendors shall not occupy space on any Sidewalk in such a way
that would impede upon the required Sidewalk width or path of travel requirement
pursuant to the federal Americans with Disabilities Act of 1990 (Public Law 101336) and
any other disability access standards.
Z. Sidewalk vendors must comply with the California Retail Food Code as
codified in Part 7 of California Health and Safety Code 113700, et. seq., if vending food;
AA. Sidewalk vendors shall obtain and keep in force during the term of the
permit, workers' compensation insurance, covering all employees of the business as
required by law;
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BB. Sidewalk vendors shall not attempt to reserve any street or public parking
area exclusively for themselves or their customer parking.
5.62.08 – Vending in residential areas.
No Stationary vending cart may be used to vend within a Residential zoned area.
However, a Roaming sidewalk vendor may use a Roaming vending cart within a
Residential zone, and must move continuously except when necessary to complete a
sale. The Roaming sidewalk vendor must move a distance of not less than 200 feet
between consecutive stops at which vending occurs. Once a Roaming sidewalk vendor
has moved from a vending location, the Roaming sidewalk vendor may not return to that
location for thirty minutes.
5.62.09 – Prohibitions on placement of Carts.
A. No Sidewalk vendor may place or leave any Cart:
1. Within any location where the sidewalk is less than six (6) feet wide since
vending at such locations would unreasonably interfere with the safe flow of pedestrians.
2. Within 18 inches from the edge of the curb.
3. Within 25 feet of a marked crosswalk.
4. Within a 45 foot radius of a bench, sign, or shelter used for public transit
stops.
5. Upon a public street median.
6. In any portion of the right of way that is not a sidewalk, including but not
limited to, road shoulders.
7. On any multi-use path that is intended for off-street bicycle travel.
8. Within one hundred (100) feet of any intersection
9. Within five hundred (500) feet of the driveway of any public school or
daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in
session.
10. Within 15 feet of a driveway or driveway apron.
11. Within 15 feet of any fire hydrant.
12. Within 15 feet of another sidewalk vendor.
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13. Within 15 feet of a building entrance or exit during the hours when the
business is open to the public.
14. Within 15 feet of a loading zone, parking space, or access ramp designed
for individuals with disabilities.
15. Within 15 feet of a public restroom.
16. Within 15 feet of a curb ramp.
17. Within 30 feet of an outdoor dining or patio dining area.
18. Within 100 feet of the vehicle entrance to any fire station, police department,
hospital, or any other structure dedicated to heal and safety emergency matters.
19. Where placement impedes the flow of vehicular traffic.
B. No Cart may be chained or fastened to any utility pole, sign, tree, or other
object in the public right-of-way or Sidewalk. No Cart may be left or maintained unattended
at any time. Any vehicle, human powered device, equipment or objects left on public right-
of-way or Sidewalk unattended will be considered discarded and may be seized or
disposed of by the Department.
C. Notwithstanding any specific regulations in this chapter, no Sidewalk vendor
may install, use or maintain a Cart where placement endangers the safety of persons or
property as determined by the Director or his designee.
5.62.10 – Sidewalk vending related to parks and special events.
A. No sidewalk vending is allowed within 300 feet of a City-permitted Special
Event within the time period commencing one hour before until one hour after the Special
Event. Permitted events include certified farmers’ markets, and any event that requires an
encroachment permit or special event permit, filming, parades, outdoor concerts, street
fairs, arts shows, crafts shows, or any other permit or authorization required by the City.
B. Stationary sidewalk vendors shall be prohibited from vending in a park if the
operator of the park has signed an agreement for concessions that exclusively permits
the sale of food or goods or merchandise by the concessionaire.
C. The City may by resolution adopt additional requirements consistent with
Government Code section 51038(b)(2)(B) for city-owned or operated parks, effective after
signs are posted giving notice of such additional requirements.
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5.62.11 – Enforcement and Fines.
A. A Sidewalk vendor’s noncompliance with any applicable requirement of this
Chapter constitutes a violation and a public nuisance.
B. The Director shall be responsible for enforcement of this Chapter. Any other
City department enforcing the Moorpark Municipal Code, and state and federal laws, may
assist the Director in enforcement of this Chapter.
C. The Director may promulgate administrative guidelines and regulations to
implement and enforce the provisions of this Chapter.
D. A Sidewalk vendor who is notified by a City official that the vendor is in
violation of this Chapter must immediately cease and abate the violation if directed to do
so by the City official and shall be subject to penalties set forth in this Section 5.62.11,
subsections E below.
E. Sidewalk vending in violation of this Chapter will not be punishable as a
criminal infraction or misdemeanor, but will be subject to an administrative citation issued
by the Department as follows:
1. For vending without a valid Sidewalk vending permit:
A written administrative warning for a first violation.
An administrative fine of $250 for a second violation.
An administrative fine of $500 for a third violation within one year of the first
violation.
An administrative fine of $1,000 for a fourth violation and each subsequent
violation, within one year of the first violation.
Upon proof of a valid Sidewalk vending permit issued by the City before such
fines are due, the City will reduce the amount of the fines to $100 for the second violation,
$200 for the third violation, and $500 for each violation thereafter.
2. For all violations of this Chapter other than vending without a valid
Sidewalk vending permit as outlined in subsection (a) above:
An administrative warning for the first violation.
An administrative fine of $100 for a second violation.
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An administrative fine of $200 for a third violation within one year of the
first violation.
An administrative fine of $500 for a fourth violation within one year of the
first violation.
An administrative fine of $500 for a fifth and each subsequent violation, and
revocation of the permit.
F. The City will provide the person subject to the fine notice of his or her right
to request an ability-to-pay determination and will make available instructions or other
materials for requesting an ability-to-pay determination.
G. All citations issued for violations of this Chapter are subject to the
administrative hearing and Appeal process under this Chapter and the City’s authority to
use any civil remedy available to collect any unpaid administrative fine.
H. Fines assessed pursuant this section may be reduced to 20 percent of the
original fine amount upon submission of proof of inability to pay at an adjudication hearing
if requested by the person pursuant to Government Code section 51039(f)(2).
5.62.12 – Removal of Cart.
The City may request a Sidewalk vendor remove any Cart that is in violation of this
Chapter. If the Sidewalk vendor refuses to remove the Cart, or if a Cart has been
abandoned, the City may cause the Cart to be removed, and provide notice to the owner
of the Cart or at the location of the removal, if the Cart was abandoned. The City may
subsequently dispose of the Cart (including any associated goods or merchandise) if not
claimed by the vendor within 90 days of removal by City. The City may, in its sole
discretion, immediately dispose of any food products after cataloging all food to be
disposed.
5.62.13 – Revocation of Permit.
A. Revocation by Director: Previous grounds for denial. The Director or his or
her designee shall revoke a Sidewalk vending permit where the Director determines from
the facts that there were grounds for denying the permit in the manner hereinbefore
provided for by this Chapter, which were first disclosed or otherwise made known to the
Director after issuance of the permit, and such facts were not discoverable upon the
exercise of due diligence by the Director prior to the issuance of the permit.
B. Revocation by Director: Violation of terms and conditions. The Director may
revoke a Sidewalk vending permit where the Director determines from the facts that the
permittee is in violation of the terms and conditions of the permit, or where the permittee
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has violated any applicable law or regulation; provided, however, that the Director shall
not revoke a permit in the manner provided by this subsection unless and until such
Director advises the permittee of such violation and provides a reasonable opportunity to
correct same.
C. Notice of revocation. Where the Director determines to revoke a Sidewalk
vending permit, the Director shall immediately cause a written notice of such action to be
served on the permittee and shall provide copies of the notice to the City Manager, City
Attorney and all remaining City officials charged with carrying out any responsibilities
under this Chapter.
D. Hearing on revocation. The permittee of a Sidewalk vending permit may
appear before the Director for the purpose of presenting evidence why the Sidewalk vending
permit should not be revoked. Upon request by the permittee, the Director will fix a time and
place for such hearing, and provide written notice of the hearing to the permittee. The
Director may issue a decision orally at the conclusion of the hearing or take the matter under
submission, and shall also notify the permittee, the City Manager and the City Attorney, in
writing of the decision. The Director’s decision shall be final.
E. Content of notices. Any notification of action by the Director or his or her
designee in subsections (b), (c) or (d) of this section, whether oral or written, shall
describe, with particularity, the facts and the reasons for the decision. Any such written
notice may be by a method as agreed by the parties in addition to a written document
signed or sent by the Director or his or her designee, respectively, to the address shown
on the Application.
5.62.14 – Appeals.
A. Any person denied approval or renewal of a Sidewalk vendor permit under
this Chapter, assessed a Fine for violations of this Chapter, or whose permit has been
suspended, revoked or conditioned, may appeal. Such appeal must be in writing and must
be filed with the City Manager or his or her designee not more than fourteen (14) days
following the mailing of the notice of denial, suspension, revocation, or conditioning sent
to the applicant to the address listed by the applicant pursuant to this chapter. The written
appeal must contain all reasons and documentary support why the denial, revocation,
suspension, or conditioning should be overturned. Any successful appeal will result in
approval or reinstatement of an approval and refund of any fines collected by the City.
1. The City shall not accept an appeal, and no hearing shall be held, unless
the appellant has paid a filing fee, in an amount set by resolution of the City Council, to
defray the cost of such appeal. Any appeal without the timely payment of fees shall be
considered to be untimely.
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2. The scope of the appeal hearing pursuant to this section shall be limited to
those issues raised by the appellant in the written appeal, as submitted pursuant to this
section.
B. City Manager action.
1. Upon receipt of a timely filed appeal, the City Manager or his or her designee
shall set the matter for hearing which shall be held not fewer than ten (10) calendar days,
nor more than thirty (30) calendar days from the date of the appeal request. The hearing
may be continued from time to time upon the mutual consent of the parties.
2. The appellant shall be provided with notice of the time and place of the
appeal hearing, as well as a copy of all relevant materials at least seven (7) calendar days
prior to the hearing.
3. At the time of such hearing, the City Manager or his or her designee shall
review the records and files relating to the decision.
4. In conducting the hearing, technical rules relating to evidence and witnesses
shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence
customarily relied upon by responsible persons in the conduct of their affairs regardless
of the existence of any common law or statutory rule which might make admission of such
evidence improper over objection in civil actions. Hearsay evidence may be admissible if
it is the sort upon which reasonable persons are accustomed to rely in the conduct of
serious affairs. The rules of privilege shall be applicable to the extent they are permitted
in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
5. In the case of denial of an initial permit application the appellant shall have
the burden of proving that he or she meets the requirements for issuing the permit in the
first instance; in the case of the conditioning, revocation or denial of a permit renewal, the
City shall have the burden in proving that grounds exist for revoking or failing to renew a
permit.
6. Based upon the evidence presented at the hearing, the City Manager or his
or her designee shall determine whether the decision should be affirmed, modified or
reversed.
7. The City Manager or his or her designee's decision shall be communicated
in writing to the appellant within seven (7) calendar days after the close of the hearing and
submission of the matter to the City Manager for decision. The City Manager's decision
shall state whether the decision is affirmed, modified or reversed and shall state the
reasons therefor.
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8. The decision of the City Manager or his or her designee shall include notice
that the decision is final and conclusive, that judicial review may be sought therefrom
pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in
the Superior Court shall be filed within ninety (90) days following the City Manager's notice
pursuant to California Civil Procedure Code Section 1094.6.”
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EXHIBIT B
Amendments to Chapter 5.64
STREET VENDOR (FOOD TRUCK) VENDOR PERMIT
1. The title of Chapter 5.64 of Title 5 (Business Taxes, Licenses and Regulations) of
the Moorpark Municipal Code is hereby amended to read “Street Vendor (Food Truck)
Vendor Permit”.
2. Section 5.64.010 (Definitions) of Chapter 5.64 of Title 5 is hereby amended as
shown below in strike-out (showing deletions) and in underlining (showing additions):
“Any word or phrase not defined in this chapter shall be used as defined in Chapter
1.04.110 of the Moorpark Municipal Code; if the word or phrase is not defined in Chapter
1.04.110; the word shall be as defined elsewhere in the Moorpark Municipal Code; if the
word is not defined in the Moorpark Municipal Code the word shall be used as defined in
Webster's Unabridged Dictionary, latest edition.
"The authority" means the community development director or his or her designee.
"Hawker" means a peddler who carries goods for sale and seeks purchasers either by
shouting or by attracting notice and attention to the goods for sale by bells, the sound of
a horn, or other means.
“Food truck” means a vehicle or trailer that is mobile or wheeled and which is designed
to vend from a parked or stopped location on a city street or other public right of way but
does not include a vendor who engages in sidewalk vending as defined and regulated by
Chapter 5.62 of this code.
"Nonprofit organizations" means a nonprofit corporation that has obtained recognized
state or federal tax exempt status.
"Peddler" means any person who goes from house to house or from place to place
seeking to make concurrent sale and delivery of the goods, wares and merchandise of
any nature whatsoever.
"Solicitor" means a drummer or canvasser or any other person who goes from place to
place or from house to house taking or attempting to take orders for the sale of goods,
wares or merchandise of any nature whatsoever for future delivery or services of any
nature whatsoever to be furnished or performed in the future, whether or not such
individual has a sample and whether or not he or she is collecting advance payments.
"Street vendor" is a generic term that includes all street vendors, including vending from
food trucks, but does not include hawkers, peddlers, solicitors, transient merchants, and
itinerant merchants, which are defined and regulated in Chapter 5.66 and sidewalk
vendors which are defined and regulated in Chapter 5.62.
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"Transient or itinerant merchant" is any person who establishes himself or herself in
business with the intention to remain in business for a short period of time only, whether
such period is a definite or indefinite one, or until a particular stock of goods, wares or
merchandise is disposed of, or until the local market for the goods, wares or merchandise
handled by the dealer has been exhausted, and who for such limited period engages or
occupies a building or other place for the exhibition and sale of the goods, wares or
merchandise.
"Vehicle" is any automobile, truck or other similar wheeled device, motorized or not, used
for the purpose of assisting a street vendor in conducting his or her business.”
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EXHIBIT C
“Chapter 5.66
ITINERANT HAWKERS, PEDDLERS, SOLICITORS, AND MERCHANTS
5.66.01 - Definitions.
For purposes of this chapter, unless otherwise apparent from the context,
certain words and phrases used in this chapter are defined as follows:
"Hawker" shall mean a peddler who not only carries goods for sale but seeks for
purchasers, either by shouting, or by attracting notice and attention to his goods for sale
by the actual exhibition or exposure of such goods, or by placards or labels, or by the
sound of a horn, or by other means.
"Solicitor," "drummer," "canvasser," or “peddler” (collectively “solicitor”) shall mean
any person who goes from house to house or from place to place taking, or attempting to
take, orders for the sales of goods, wares, and merchandise of any nature whatsoever
for future delivery or for services to be furnished or performed in the future, whether or
not such individual has a sample, or whether or not he is collecting advance payments.
"Canvasser" shall also include any person who goes from house to house or place to
place for the purpose of leaving samples and/or advertisements for any goods, wares, or
merchandise or for services to be rendered. "Solicitor," "drummer," "canvasser," or
“peddler” are distinct from sidewalk vendors which are regulated by Chapter 5.62 of this
Code.
"Transient or itinerant merchant" shall mean any person who establishes himself
in business with the intention and determination to remain in business for a short period
of time only, whether such period is a definite or indefinite one, such as a period of one
or more weeks or months, or until a particular stock of merchandise is disposed of, or
until the local market for the commodity handled by the dealer has been exhausted, and
who, for such limited period, engages or occupies a building or other place for the
exhibition and sale of his goods or wares.
"Public sidewalk or street" means all of those areas dedicated as public
thoroughfares, including, but not limited to, roadways, parkways, medians, alleys,
sidewalks and public ways or dedicated easements for public rights-of-way.
5.66.02 - Solicitor Permits: Required.
No person, whether or not a resident of the City, or whether or not the person
maintains or is employed at an established place of business, shall engage in the City in
the business of peddler, hawker, transient or itinerant merchant, solicitor, or canvasser
(collectively referred to in this Chapter as “solicitor”) without first obtaining a Solicitor
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permit therefor, unless exempt from such permit requirement pursuant to Section 5-66.16
of this chapter.
5.66.03 - Solicitor Permits: Applications.
Any person desiring to obtain a Solicitor permit required by this chapter shall make
a written application to the Director therefor, signed under penalty of perjury, setting forth
the following information:
A. The name of the applicant;
B. The residential address of the applicant;
C. The business address of the applicant and the name of the business or
charitable organization;
D. The residential and business telephone numbers of the applicant;
E. The type of solicitation activity;
F. Valid identification, such as a State of California driver’s license or
identification number, an individual taxpayer identification number, or a municipal
identification number, Social Security number, or any other government-issued
identification card.
G. A physical description of the applicant;
H. A statement as to the number of vehicles used in his trade, and from which
the products of the applicant are sold or delivered, and the type, make, year of model,
and license number of all such vehicles; and
I. With respect to any charitable, religious or nonprofit organization, the date
on which the State and Federal tax-exempt status was granted, and a copy of the
organization's State and Federal nonprofit status document shall be attached to the
application.
5.66.04 - Solicitor Permits: Applications: Processing.
The application for the permit shall not be accepted for processing if it is
incomplete.
5.66.05 - Solicitor Permits: Issuance.
Upon receipt of a complete application for a Solicitor permit, the Director will
cause the application to be reviewed and within 10 days of submittal of a complete
application will either: (1) approve or conditionally approve the permit if all applicable
requirements of this Chapter are satisfied; or (2) deny the application if all applicable
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requirements of this Chapter are not satisfied. Notice of the Director’s decision to
approve or conditionally approve the permit may be provided by regular U.S. mail or by
electronic mail. Notice of the Director’s decision to deny the permit will be provided by
certified or registered mail or by personal delivery to the applicant within three business
days of the decision.
5.66.06 - Solicitor Permits: Voiding.
Any permit issued pursuant to the provisions of this chapter shall be void from
the date of issuance if any statement or information submitted by the applicant pursuant
to the provisions of this chapter is untrue. This provision is in addition to any criminal
penalties for perjury which may be applicable.
5.66.07 - Solicitor Permits: Applicability to Solicitation for Multiple Businesses.
One permit will be sufficient for any one person who applies to engage in
solicitation for multiple businesses as defined in the application. No permittee shall
engage in any solicitation not designated in the permit, or for any business or employer
not designated in the permit, unless and until such permittee amends his application to
designate such business or employer.
5.66.08 - Solicitor Permits: Fees; Exemptions from Fees.
The fee for obtaining the permit required by this chapter shall be set by resolution
of the Council. Individuals over the age of sixty-five (65), individuals under the age of
eighteen (18), and veterans physically unable to obtain a livelihood by manual labor who
qualify under Sections 16001 and 16001.5 of the Business and Professions Code of the
State shall be exempted from paying such fee. In addition, any person soliciting on
behalf of any institution or organization recognized by a tax board of the State and the
Internal Revenue Service of the United States, which institution or organization is
conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from
which profit is not derived, either directly or indirectly, by any person, shall be exempted
from paying such fee.
5.66.09 - Solicitor Permits: Expiration.
Permits issued pursuant to this chapter shall expire one year after the date of
issuance, or at the end of the duration of the activity as stated by the registrant on the
registration form, whichever occurs first.
5.66.10 - Violations: Penalties.
A. The Director shall be responsible for enforcement of this Chapter. Any other
City department enforcing the Moorpark Municipal Code, and state and federal laws, may
assist the Director in enforcement of this Chapter.
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B. The Director may promulgate administrative guidelines and regulations to
implement and enforce the provisions of this Chapter.
C. A solicitor who is notified by a City official that the solicitor is in violation of
this Chapter must immediately cease and abate the violation if directed to do so by the
City official and shall be subject to penalties set forth in this Section 5.62.12, subsection
D below.
D. Any solicitor, including any peddler, hawker, transient or itinerant merchant,
or canvasser who violates this Chapter will not be punishable as a criminal infraction or
misdemeanor, but will be subject to an administrative citation issued by the Department
as follows:
1. For soliciting without a valid Solicitor permit:
A written administrative warning for a first violation.
An administrative fine of $250 for a second violation.
An administrative fine of $500 for a third violation within one year of the first
violation.
An administrative fine of $1,000 for a fourth violation and each subsequent
violation, within one year of the first violation.
2. Upon proof of a valid Solicitor permit issued by the City before such fines
are due, the City will reduce the amount of the fines to $100 for the second violation, $200
for the third violation, and $500 for each violation thereafter.
3. For all violations of this Chapter other than soliciting without a valid Solicitor
permit as outlined in subsection (a) above:
An administrative warning for the first violation.
An administrative fine of $100 for a second violation.
An administrative fine of $200 for a third violation within one year of the first
violation.
An administrative fine of $500 for a fourth violation within one year of the
first violation.
An administrative fine of $500 for a fifth and each subsequent violation, and
revocation of the permit.
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4. The City will provide the person subject to the fine notice of his or her right
to request an ability-to-pay determination and will make available instructions or other
materials for requesting an ability-to-pay determination.
E. All citations issued for violations of this Chapter are subject to the
administrative hearing and Appeal process under this Chapter and the City’s authority to
use any civil remedy available to collect any unpaid administrative fine.
F. Fines assessed pursuant this section may be reduced to 20 percent of the
original fine amount upon submission of proof of inability to pay at an adjudication hearing
if requested by the person.
5.66.11 - Solicitor Permits: Exhibiting.
The Solicitor permit required by this chapter shall be exhibited by the permittee
whenever requested by the Director or his or her designee, another official of the City, a
law enforcement officer or any person to whom the permittee is engaged in selling or
soliciting.
5.66.12 - Hours of operation.
No person required to have a permit pursuant to this chapter or representing an
institution or organization required to register pursuant to this chapter shall go to or enter
any residence, hotel, or other dwelling place between the hours of 9:00 p.m. and 7:00
a.m. for the purpose of engaging in the business for which he has a permit or to solicit for
which he has registered, except upon an invitation of the occupant of the dwelling place.
5.66.13 - Posted premises: Solicitations prohibited.
No person required to register pursuant to Section 5-66.04 of this chapter or
required to obtain a permit pursuant to this chapter shall solicit or attempt on any premises
on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner's
or occupant's desire not to be solicited.
5.66.14 - Exceptions.
The provisions of this chapter shall not apply to:
A. Persons who own or employed by or contracted to sell or solicit within a
commercial building and at that business’s established place of business;
B. Persons invited to call upon private residences by the owner or occupant
thereof;
C. Persons licensed and regulated by the State pursuant to Sections 12000 et
seq. of the Business and Professions Code of the State;
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D. Persons selling or soliciting sales of a daily or weekly newspaper as defined
in Section 6040.5 of the Government Code of the State; or
E. Persons engaged in noncommercial solicitation or canvassing for or against
any candidate for public office or any ballot measure.
5.66.15 - Soliciting near school areas.
A. No person required to have a permit pursuant to the provisions of this
chapter shall go to or enter an area within one-fourth (1/4) mile of any elementary, junior
high, or high school, public or private, between the hours of 8:00 a.m. and 4:00 p.m. on
days schools are in session, for the purpose of engaging in the business for which he has
a permit.
B. The provisions of this section shall not apply to any person invited to call at
such school by the principal of the school or any other authorized person thereof, nor
shall the provisions of this section apply to any person engaged in a business not having
a special attraction for children of school age.
5.66.16 – Solicitation or sales solicitation for charitable purposes: disclosure
requirements: noncompliance by volunteer solicitor.
A. Prior to any solicitation or sales solicitation for charitable purposes, the
solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled
"Solicitation or Sale for Charitable Purposes Card." The card shall be signed and dated
under penalty of perjury by an individual who is a principal, staff member, or officer of the
soliciting organization. The card shall give the name and address of the soliciting
organization or the person who signed the card and the name and business address of
the paid individual who is doing the actual soliciting.
In lieu of exhibiting a card, the solicitor or seller may distribute during the course
of the solicitation any printed material, such as a solicitation brochure, provided such
material complies with the standards set forth below, and provided that the solicitor or
seller informs the prospective donor or purchaser that such information as required below
is contained in the printed material.
Information on the card or printed material shall be presented in at least 10-point
type and shall include the following:
1. The name and address of the combined campaign, each organization, or
fund on behalf of which all or any part of the money collected will be utilized for charitable
purposes;
2. If there is no organization or fund, the manner in which the money collected
will be utilized for charitable purposes;
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3. The amount, stated as a percentage of the total gift or purchase price, that
will be used for charitable purposes;
4. If paid fund raisers are paid a set fee rather than a percentage of the total
amount raised, the card shall show the total cost that is estimated will be used for direct
fundraising expenses;
5. If the solicitation is not a sale solicitation, the card may state, in place of the
amount of fundraising expenses, that an audited financial statement of such expenses
may be obtained by contacting the organization at the address disclosed;
6. The non-tax-exempt status of the organization or fund, if the organization or
fund for which the money or funds are being solicited does not have a charitable tax
exemption under both federal and state laws;
7. The percentage of the total gift or purchase price which may be deducted
as a charitable contribution under both federal and state law. If no portion is so deductible
the card shall state that "This contribution is not tax deductible";
8. If the organization making the solicitation represents any nongovernmental
organization by any name which includes, but is not limited to, the term "officer," "peace
officer," police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol,"
"Highway Patrol," or "deputy sheriff," which would reasonably be understood to imply that
the organization is composed of law enforcement personnel, the solicitor shall give the
total number of members in the organization and the number of members working or living
within the city where the solicitation is being made, and if the solicitation is for advertising,
the statewide circulation of the publication in which the solicited ad will appear.
B. Noncompliance by any individual solicitor or seller in connection with a
solicitation by any charitable organization shall subject the solicitor or seller to the
penalties of the law.
C. When the solicitation is not a sales solicitation, any individual solicitor or
seller who receives no compensation of any type from, or in connection with, a solicitation
by any charitable organization may comply with the disclosure provisions by providing the
name and address of the charitable organization on behalf of which all or any part of the
money collected will be utilized for charitable purposes, by stating the charitable purposes
for which the solicitation is made, and by stating to the person solicited that information
about revenues and expenses of such organization, including its administration and
fundraising costs, may be obtained by contacting the organization's office at the address
disclosed. Such organization shall provide such information to the person solicited within
seven calendar days after receipt of the request.
D. A solicitor or seller who receives no compensation of any type from, or in
connection with, a solicitation or sales solicitation by a charitable organization which has
qualified for a tax exemption under Section 501(c) (3) of the Internal Revenue Code of
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1954, and who is eighteen (18) years of age or younger, is not required to make any
disclosures pursuant to this section.
5.66.17 - Financial records: Accounting principles.
The financial records of a soliciting organization shall be maintained on the basis of
generally accepted accounting principles as defined by the American Institute of Certified
Public Accountants and the Financial Accounting Standards Board. The disclosure
requirements of subsection (C) of Section 5-66.16 shall be based on the same
accounting principles used to maintain the soliciting organization's financial records.
5.66.18 - Inapplicability of chapter.
The provisions of this chapter shall not apply to solicitations, sales, offers, or attempts
to sell within the membership of a charitable organization or upon its regular occupied
premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal
Code. This chapter also does not apply to sidewalk vendors, who will be governed under
the regulations set forth in Chapter 5-62 of this code.
5.66.19 - Manner of soliciting.
A. No solicitor shall stand or park any motorized vehicle for more than ten (10)
minutes in any particular location, nor shall any solicitor stand or park any motorized
vehicle in violation of any City ordinance. Regardless of the length of time parked at any
particular location, no solicitor shall park within 500 feet, as measured in any direction, of
an area where he or she previously parked at the beginning of the ten (10) minute period,
until twenty-four (24) hours have elapsed from the end of said ten (10) minute period.
B. No vending shall occur or be conducted from a parked vehicle on any street
during peak traffic hours, as determined by the Community Development Director, or on
any street or portion thereof determined to be unsafe due to limited line of sight, traffic
control impacts or high traffic flow. The Public Works Director may limit the days or hours
that vending from a vehicle may occur at any location due to traffic safety concerns,
parking shortages or repairs or maintenance work.
C. No solicitor using a motorized vehicle shall carry any merchandise, wares,
goods or food outside a ten foot radius encircling the motorized vehicle. Signs shall be
limited to those affixed to the vehicle and shall otherwise comply with all City ordinances.
D. No solicitor shall park or stand a motorized vehicle used for peddling in a
manner which causes a hazard to vehicular or pedestrian traffic, and no solicitor shall
distribute any item from such a motorized vehicle in a manner that causes any person to
stand in that portion of the street that is between the vehicle and the center of the street.
E. No solicitor may use or operate any loud speaker, public address system,
radio, sound amplifier, bells or chimes, or other similar device.
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F. No solicitor shall park a motorized vehicle on any street during the hours of
8:00 p.m. through 7:00 a.m. of the next succeeding day.
G. No solicitor shall sell or offer for sale any food or other goods from a
motorized vehicle unless he or she maintains a clearly designated litter receptacle in the
immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to
leaving the location, the solicitor shall pick up, remove and dispose of all trash or refuse
which consists of materials originally dispensed by the solicitor, including any packages
or containers, or parts thereof, used with or for dispensing such food or goods.
H. Between 8:00 p.m. and 7:00 a.m., the solicitor shall not make any outcry,
blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the
streets, alleys, parks or other public places of this City where sound is of sufficient volume
to be capable of being plainly heard upon the public sidewalks or streets, public parks or
other public places, for the purpose of attracting attention to any goods, wares,
merchandise or food which the permittee proposes to sell.
I. No solicitor shall intentionally or deliberately obstruct the free movement of
any member of the public on any public sidewalk or street or in any public place.
J. No solicitor shall solicit any items to a captive audience including persons
in lines or seated in public areas.
K. No solicitor shall solicit or attempt to solicit to the occupants of vehicles
standing or moving upon any public street or highway. Nothing in this subsection shall be
construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.
L. No solicitor shall stop, stand or park any motorized vehicle in violation of any
provision of the California Vehicle Code or the Moorpark Municipal Code.
M. No solicitor shall solicit any food unless the items being sold comply with all
applicable food labeling requirements established by the State of California and the
solicitor has all required permits, including, without limitation, Ventura County Health
permits, to sell such items.
N. No solicitor shall solicit any goods from any motorized vehicle which does not
have insurance as required under State law for operating the motorized vehicle.
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5.62.20 – Revocation of Solicitors Permit.
A. Revocation by Director: Previous grounds for denial. The Director or his or
her designee shall revoke a Solicitor permit where the Director determines from the facts
that there were grounds for denying the permit in the manner hereinbefore provided for
by this Chapter, which were first disclosed or otherwise made known to the Director after
issuance of the permit, and such facts were not discoverable upon the exercise of due
diligence by the Director prior to the issuance of the permit.
B. Revocation by Director: Violation of terms and conditions. The Director may
revoke a Solicitor permit where the Director determines from the facts that the permittee
is in violation of the terms and conditions of the permit, or where the permittee has violated
any applicable law or regulation; provided, however, that the Director shall not revoke a
permit in the manner provided by this subsection unless and until such Director advises
the permittee of such violation and provides a reasonable opportunity to correct same.
C. Notice of revocation. Where the Director determines to revoke a Solicitor
permit, the Director shall immediately cause a written notice of such action to be served
on the permittee and shall provide copies of the notice to the City Manager, City Attorney
and all remaining City officials charged with carrying out any responsibilities under this
Chapter.
D. Hearing on revocation. The permittee of a Solicitor permit may appear
before the Director for the purpose of presenting evidence why the Sidewalk vending
permit should not be revoked. Upon request by the permittee, the Director will fix a time
and place for such hearing, and provide written notice of the hearing to the permittee. The
Director may issue a decision orally at the conclusion of the hearing or take the matter
under submission, and shall also notify the permittee, the City Manager and the City
Attorney, in writing of the decision. The Director’s decision shall be final.
E. Content of notices. Any notification of action by the Director or his or her
designee in subsections (b), (c) or (d) of this section, whether oral or written, shall
describe, with particularity, the facts and the reasons for the decision. Any such written
notice may be by a method as agreed by the parties in addition to a written document
signed or sent by the Director or his or her designee, respectively, to the address shown
on the Application.
5.62.21 – Appeals.
A. Any person denied approval or renewal of a Sidewalk vendor permit under
this Chapter, assessed a Fine for violations of this Chapter, or whose permit has been
suspended, revoked or conditioned, may appeal. Such appeal must be in writing and must
be filed with the City Manager or his or her designee not more than fourteen (14) days
following the mailing of the notice of denial, suspension, revocation, or conditioning sent
to the applicant to the address listed by the applicant pursuant to this chapter. The written
appeal must contain all reasons and documentary support why the denial, revocation,
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suspension, or conditioning should be overturned. Any successful appeal will result in
approval or reinstatement of an approval and refund of any fines collected by the City.
1. The City shall not accept an appeal, and no hearing shall be held, unless
the appellant has paid a filing fee, in an amount set by resolution of the City Council, to
defray the cost of such appeal. Any appeal without the timely payment of fees shall be
considered to be untimely.
2. The scope of the appeal hearing pursuant to this section shall be limited to
those issues raised by the appellant in the written appeal, as submitted pursuant to this
section.
B. City Manager action.
1. Upon receipt of a timely filed appeal, the City Manager or his or her
designee shall set the matter for hearing which shall be held not fewer than ten (10)
calendar days, nor more than thirty (30) calendar days from the date of the appeal
request. The hearing may be continued from time to time upon the mutual consent of the
parties.
2. The appellant shall be provided with notice of the time and place of the
appeal hearing, as well as a copy of all relevant materials at least seven (7) calendar days
prior to the hearing.
3. At the time of such hearing, the City Manager or his or her designee shall
review the records and files relating to the decision.
4. In conducting the hearing, technical rules relating to evidence and
witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it
is evidence customarily relied upon by responsible persons in the conduct of their affairs
regardless of the existence of any common law or statutory rule which might make
admission of such evidence improper over objection in civil actions. Hearsay evidence
may be admissible if it is the sort upon which reasonable persons are accustomed to rely
in the conduct of serious affairs. The rules of privilege shall be applicable to the extent
they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be
excluded.
5. In the case of denial of an initial permit application the appellant shall have
the burden of proving that he or she meets the requirements for issuing the permit in the
first instance; in the case of the conditioning, revocation or denial of a permit renewal, the
City shall have the burden in proving that grounds exist for revoking or failing to renew a
permit.
6. Based upon the evidence presented at the hearing, the City Manager or his
or her designee shall determine whether the decision should be affirmed, modified or
reversed.
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7. The City Manager or his or her designee's decision shall be communicated
in writing to the appellant within seven (7) calendar days after the close of the hearing
and submission of the matter to the City Manager for decision. The City Manager's
decision shall state whether the decision is affirmed, modified or reversed and shall state
the reasons therefor.
8. The decision of the City Manager or his or her designee shall include notice
that the decision is final and conclusive, that judicial review may be sought therefrom
pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in
the Superior Court shall be filed within ninety (90) days following the City Manager's notice
pursuant to California Civil Procedure Code Section 1094.6.”
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