HomeMy Public PortalAboutOrd. 1641ORDINANCE NO. 1641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
CHAPTER 13 -7 OF THE LYNWOOD MUNICIPAL CODE REGLATING VENDING,
PEDDLING, SELLING AND /OR SOLICITING ON PUBLIC STREETS, SIDEWALKS,
PARKS, PARKWAYS, MEDIANS, LANDS, OR PROPERTIES UNDER THE CONTROL
OF THE CITY
WHEREAS, pursuant to California Business & Professional Code Section 16000,
the City of Lynwood ( "City ") enacted an ordinance requiring all operators of commercial
vehicles vending, peddling, selling, or soliciting any merchandise, goods, or services on
public property within the City's jurisdiction to obtain a business license and to pay an
annual license fee prior to operation under Lynwood Municipal Code Chapter 13 -7; and
WHEREAS, pursuant to California Vehicle Code Section 22455, the City enacted
an ordinance regulating the type of vending, and the time, place, and manner of vending,
peddling, selling, or soliciting from vehicles upon any public street within the City under
Lynwood Municipal Code Chapter 13 -7 but has no effective penalty provisions for violation
of said regulations; and
WHEREAS, the City Council of the City of Lynwood ( "City Council ") finds that
the primary purpose of public streets and sidewalks is for general public vehicular and
pedestrian use, and that commercial activities on said public streets and sidewalks can
cause a safety hazard and otherwise interfere with this purpose; and
WHEREAS, in recent years, the City has experienced an increase in the presence
of unlicensed commercial vehicle vendors, specifically ice cream truck vendors, illegally
operating within the City's limits; and
WHEREAS, California Government Code Section 53069.4 authorizes a city to
make violation of any ordinance subject to an administrative fine or penalty and to set forth
procedures to govern the imposition, enforcement, collection, and review of said fines and
penalties; and
WHEREAS, the City Council finds it necessary to regulate unlicensed
commercial vehicle vendors on public streets and sidewalks to protect the public safety
and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 13 -7 of the Lynwood Municipal Code is hereby amended
by deleting the existing Chapter and adding the following, in its entirety:
'VENDING, PEDDLING, SELLING AND /OR SOLICITING ON
PUBLIC STREETS, SIDEWALKS, PARKS, PARKWAYS,
MEDIANS, LANDS, PROPERTIES OR OTHER LANDS OR
PROPERTIES UNDER THE CONTROL OF THE CITY
13 -7.1 Findings. The city council finds and determines that its public
lands (which include streets, sidewalks, parks, parkways, medians, and
any lands or properties under its control) are to be used only for public
purposes. The use of these areas is public and there is no vested right to
conduct commercial business upon those public lands or properties.
13 -7.2 Vending, Peddling, Selling And /Or Soliciting On Public Lands,
Rights Of Way Or Property; Regulated Or Prohibited.
a. Prohibition. No person shall vend, peddle, sell or solicit any
merchandise, goods or services on a public street, sidewalk, park,
parkway, median, land, real property or any other land or property under
the control of the city, except as provided in subsections 13- 7.2(b) and 13-
7.2(c).
b. Commercial Vehicles. The operator of any commercial vehicle
shall not vend, peddle, sell or solicit any merchandise, goods, or services
on a public street under the control of the city without conforming to all of
the following:
1. The vehicle owner or operator first shall have obtained a
business license from the Business License Division and shall have
paid any required permit fee.
2. The vehicle operator and any assistant thereto shall conduct
such commercial activities only between the hours of 9:00 A.M. and
5:00 P.M. during standard time. Beginning with the annual
observance of daylight savings time until the annual observance of
the Labor Day holiday, licensed ice cream truck vendors may
operate between the hours of 9:00 A.M. and 8:00 P.M. with the
approval of a Special Permit through the Development Services
Department.
3. The vehicle operator shall first bring the vehicle to a
complete stop, and shall have lawfully parked the vehicle adjacent
to the street curb.
4. The vehicle operator shall not park the vehicle within five
hundred feet (500') of a public school or park or within two hundred
fifty feet (250') of another vehicle engaged in vending, peddling,
selling, or soliciting.
5. The vehicle owner or operator shall have obtained for each
vehicle owned or operated thereby a comprehensive liability
insurance policy which shall protect the owner, the operator and the
city (as an additional insured) under the policy with types and
amounts of coverage as follows: Bodily injury and property damage
liability insurance, five hundred thousand dollars ($500,000.00) for
each person and two million dollars ($2,000,000.00) in the
aggregate; personal injury liability, one million dollars
($1,000,000.00) each occurrence; workers' compensation and
employer's liability, one million dollars ($1,000,000.00) each
accident. The owner or operator of the vehicle shall furnish a
certificate of insurance countersigned by an authorized agent of the
insurance carrier on a form of the insurance carrier setting forth the
general provisions of the insurance coverage. This countersigned
certificate shall name the city as an additional insured under the
policy, and shall contain a statement of obligation on the part of the
insurance carrier to notify the Business License Division by
certified mail, return receipt requested, of any material change,
cancellation or termination of such insurance. The required
certificate shall be furnished by the owner or operator of the vehicle
to the Business License Division as a condition precedent to the
Business License Division issuing a business license for such
vending, peddling, selling or soliciting and a copy thereof shall be
carried at all times in the vehicle.
6. Every vehicle owner and operator shall consent to a
background investigation by the city's law enforcement personnel.
7. Every vehicle owner or operator involved in the sale or
provision of food products of any kind within the city shall obtain
and openly display a health certificate from the Los Angeles County
department of health on each vehicle operated within the city for
such purpose.
8. Business Licensing of mobile Ice Cream Vendors is limited
to fourteen (14) licenses.
C. Exemptions. Except as provided in subsection 13- 7.2(b) of this
section, no person shall vend, peddle, sell and /or solicit any merchandise,
goods or services on any publicly controlled lands, rights of way or
property controlled by the city, except-
1 . When the activity occurs at events as determined by the city
council to be special events and the city specifically approves the
conducting of such activity at such special event by such person.
2. When the activity involves the selling of books, newspapers,
periodicals, magazines and other constitutionally protected forms of
free speech.
d. Grounds For Revocation.
1. In the event that the holder of any permit issued pursuant to
this Section is convicted in any court of competent jurisdiction for
violating any of the provisions of this Section, the permit shall be
revoked by the City Manager upon the filing of the record of such
conviction with the city clerk, and no permit shall thereafter be
issued to that person or firm until six (6) months have elapsed from
the date of the revocation.
2. In the event that the holder of any permit issued pursuant to
this section is convicted in any court of competent jurisdiction for
violating any of the provisions of this Chapter after being reissued a
permit within a twelve (12) month period and after being convicted
for a first time offense of said Chapter within a twelve (12) month
period, the City Manager shall permanently revoke said permit and
immediately thereafter notify city council of said
action(s) /violation(s). No permit pursuant to this section shall
thereafter be reissued to the person, firm, business or company.
13 -7.3 Violation; Penalty.
a. Violation. It is unlawful for any person or entity to vend, peddle,
sell and /or solicit any merchandise, goods or services on any publicly
controlled lands, rights of way or property controlled by the city except as
provided in sections 13- 7.2(b) and 13- 7.2(c). Any person violating this
section is guilty of a misdemeanor unless the offense is charged as an
infraction. Whenever the Director of Development Services Department,
or his or her designee, determines that a violation of this section has
occurred, any combination of administrative, civil, and criminal penalties
allowed under this Code may be imposed.
b. Issuance of Administrative Fines. Whenever the Director of
Development Services Department, or his or her designee, determines
that a provision of this Chapter has been violated, the Director of
Development Services Department, or his or her designee, is authorized
to pursue administrative fines pursuant to this Section. A fine shall be
assessed by means of an administrative citation issued by a code
enforcement officer and shall be payable directly to the City of Lynwood.
The citation shall state all of the following information:
1. Date, approximate time, vehicle information, and address or
detailed description of the location where the violation(s) occurred;
2. An amount of the administrative fine not to exceed one
thousand dollars ($1,000.00) and explanation of how the fine shall
be paid and the time period by which it shall be paid;
3. The code sections or conditions violated and a description of
the violation(s);
4. An order to the responsible person to correct the violations
within the time specified in this chapter, if applicable, and an
explanation of the consequences of failure to correct the
violation(s);
5. An order prohibiting the continuation or repeated occurrence
of the violation described in the administrative citation;
6. A notification that payment of the fine does not excuse or
discharge the failure to correct the violation and does not bar
further enforcement action by the City;
7. A statement that if the fine is not timely paid, a late payment
penalty of twenty five percent (25 %) of the amount of the fine will
be added to the fine;
8. Identification of rights of appeal pursuant to Chapter 20 of
this Code, including the time within which the citation may be
contested and the place to obtain a request for hearing form to
contest the administrative citation; and
9. The name and signature of the enforcement officer, the
name and address of the responsible person, and, if possible, the
signature of the responsible person.
Administrative fines imposed for violations of this Section shall be
consistent with Chapter 20 of this Code. To the extent the provisions of
this Section conflict with Chapter 20 of this Code, the provisions of this
Chapter shall prevail. The penalties and methods of enforcement set forth
in this Section are in addition to any other penalties or methods of
enforcement authorized by law.
Appeals of any administrative fines shall be made pursuant to Chapter 20
of this Code. Failure of the person or entity cited to follow the procedures
set forth in Chapter 20 shall constitute a failure to exhaust administrative
remedies and shall preclude the person or entity cited from asserting
standing for judicial review of the validity of the citation.
Any person aggrieved by the action of a hearing officer taken pursuant to
Chapter 20 may obtain review of the administrative decision by filing a
petition for review in accordance with the timelines and provisions set forth
in California Government Code Section 53069.4.
C. Failure to Cease Vending, Peddling, Selling And /Or Soliciting
Activities Subject to Impoundment. Any person found to be vending,
peddling, selling and /or soliciting any merchandise, goods or services in
violation of this Chapter and refusing to cease such activities when
directed to do so by the Director of Development Services Department, or
his or her designee, or a police officer shall be subject to the confiscation
and /or impoundment of the vehicle, pushcart, and all merchandise, goods
or services offered for sale by a police officer. This subsection (c) does
not authorize the impoundment of any vehicle owned or operated by a
nonprofit organization exempt from taxation pursuant to Section 501(c)(3)
of the Internal Revenue Code which serves youth or senior citizens and
provides transportation incidental to its programs or services.
1. Notice. If the person from whom the vehicle, pushcart, and
all merchandise, goods or services is seized is not the registered
owner of the vehicle, the impounding authority shall immediately
give notice to the legal and registered owners by certified first class
mail, return receipt requested.
2. Return of the Vehicle. The vehicle shall be returned to the
registered owner of the vehicle upon one of the following
conditions:
A. Payment of any fine owed to the City; or
B. The violation is not prosecuted or is dismissed, the
person is found not guilty of the offense, or it is found that
the vehicle was used without the knowledge and consent of
the registered owner of the vehicle.
If the vehicle is returned pursuant to this subsection (A), the vehicle
shall be returned without any cost to the owner.
3. Motion to Court for Return of Vehicle. At any time, a
person may move the court for the immediate return of the vehicle
on the ground that there was no probable cause to seize and
impound said vehicle, or that there is some other good cause, as
determined by the court, for the return of the vehicle. A proceeding
under this subsection (3) is a proceeding in a limited civil case.
4. Unclaimed Vehicle. If, after the expiration of six weeks
from the final disposition of the criminal case, the vehicle is not
returned or claimed, the City shall deem the vehicle as lost or
abandoned property under Section 1411 of the Penal Code."
Section 2. If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining sections, subsections, sentences, clauses, phrase, or portions of this
ordinance. The City Council hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 3. This ordinance shall take effect thirty (30) days after its final passage.
Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and to cause it to be published as required
by law.
First read at a regular meeting of the City Council held on the 7th day of June, 2011 and
adopted and ordered published at a regular meeting of said Council held on the 21St day
of June, 2011.
s
Aide Castro, Mayor
ATTEST:
APPROVED AS TO FORM:
Fred Galante, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 21St day of June, 2011.
AYES: COUNCIL MEMBERS FLORES, RODRIGUEZ, SANTILLAN, MORTON
AND CASTRO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
aria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1641 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 21St day of June, 2011.