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HomeMy Public PortalAbout09-1427ORDINANCE NO. 09-1427U AN INTERIM URGENCY ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, PROHIBITING THE VENDING OF MERCHANDISE ON PUBLIC PROPERTY, STADIUMS, ATHLETIC FIELDS, COMMUNITY CENTERS OR ABANDONED PROPERTY AND DECLARING THE URGENCY THEREFORE WHEREAS, recently the city has seen a significant increase in the number of persons using the public rights of way to conduct the business of vending merchandise, interfering with the public's rights of access on sidewalks or passageways; and WHEREAS, in addition, properties which contain stadiums, athletic fields, community centers or other public use buildings are also increasingly being used by persons for the business of vending merchandise without the consent of the owners of such property, and without such persons having complied with regulations relating to the use of property; and WHEREAS, persons vending merchandise in the public right of way or in public buildings which has not been reviewed and cleared for such use by city staff (collectively, "street vendors ") do not have available the necessary amenities to conduct their businesses, including, without limitation, sanitation facilities, and have been seen littering, creating hazardous waste, polluting the environment, cooking in unsanitary conditions, no running water or cleaning facilities, and no toileting facilities. Such persons have also cut through fences around private property to create places where such activities can occur in private, although not with appropriate sanitation facilities, rendering enforcement of existing laws against such activities impossible; and WHEREAS, street vendors also generally do not have appropriate facilities for the storage and removal of trash and other waste generated by their businesses and have left such trash and waste on the public right of way and on the vacant property they are using, creating a health and safety hazard and adversely affecting the city's ability to control pollution including in those areas where the city is under federal or state mandates, such as storm drains; and WHEREAS, although selling merchandise within the city, street vendors do not appear to be collecting or paying to the state the sales tax as required by law, or are not reporting the sales as being within the city of Carson; and WHEREAS, street vendors generally do not have insurance as required by the city to operate a business and therefore expose members of the public to unnecessary and non compensable risks; and WHEREAS, street vendors obstruct the public right of way and contribute to increased safety risks by attracting an accumulation of people in concentrated areas thereby posing a substantial risk of disturbing the public peace and precluding the efficient and emergency use of safety equipment and personnel, such as fire trucks and police services; and ih,r o ul ORDINANCE NO. 09-1427U PAGE 2 OF 6 WHEREAS, the city is studying mechanisms for the appropriate control of street vendors and the obtaining of required sales tax revenue, but the conclusion of such study and the adoption of ordinances will take approximately three months., during which time the health and safety problems described above will continue unless the activities generating such problems are stopped. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added Section 4118.3 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.3. (A) It is unlawful for any person to sell or offer for sale any food, beverage, good, ware, or merchandise of any kind (hereinafter "merchandise ") from any pushcart, wagon, bicycle, or other wheeled conveyance moved by human power (hereinafter, a "non- motorized device ") which is parked, stopped, or standing upon any public street, alley, parkway, sidewalk or other public property (hereinafter, "public property") in the city. (B) It is unlawful for any person to park, stop, or stand any non - motorized device upon any public property in the city for the purpose of causing the sale of or offering for sale any merchandise. (C) It is unlawful for any person to utilize any public property in the city for any display of merchandise for sale, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the city's Building and Safety Division has first determined that such display is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the "existing laws ") and has provided such person with a written consent which shall be kept at the location of such display and provided upon request to any person seeking to view the same. (D) It is unlawful for any person to utilize any public property in the city for the storage of merchandise, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the city's Building and Safety Division has first determined that such storage is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the "existing laws ") and has provided such person with a written consent which shall be kept at the location of such storage and provided upon request to any person seeking to view the same. (E) It is unlawful for any person to sell or offer for sale any goods at any stadium, athletic field or community center within the city unless the prior written consent of the owner of such property has first been filed with the city's ORDINANCE NO. 09-1427U PAGE 3 OF 6 Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be kept at the location of such sale or offer of sale and provided upon request to any person seeking to see it. (F) It is unlawful for any person to sell or offer for sale any goods on any property containing any vacant building within the city unless the prior written consent of the owner of such property has first been filed with the city's Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be at the location of such sale or offer of sale and provided upon request to any person seeking to view the same (G) It is unlawful for any person to sell or offer for sale any goods on any property containing any occupied building within the city unless such sale is specifically permitted pursuant to the provisions of the Carson Municipal Code." Section 2. There is hereby added Section 4118.4 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.4. The provisions of Section 4118.3 shall not apply to: (1) any person delivering any goods where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer regardless of the point of sale thereof; or (2) any charitable or religious solicitation which meets all requirements of Chapter 3, Section 6339 of the Carson Municipal Code; or (3) any person selling or offering to sell any merchandise upon public property if such sale is pursuant to agreement with the city or the prior written consent of the city has otherwise first been obtained." Section 3. There is hereby added Section 4118.5 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.5. Unless otherwise provided, any person who violates any provision of Section 4118.3 shall be guilty of a misdemeanor and may be cited or arrested. A violation of any provision of this ordinance may be charged as an infraction when the prosecutor files a complaint charging the offense to be an infraction." Section 4. There is hereby added Section 4118.6 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: r11RnDv1 ORDINANCE NO. 09-1427U PAGE 4 OF 6 "Section 4118.6. (A) Upon the citation or arrest of any person for violation of Section 4118.3, the city may seize and impound all perishable and non - perishable goods in the possession of such person. (B) Following citation or arrest pursuant to Section 4118.5 of this chapter, any unlicensed person or vendor shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. (C) The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty -four (24) hours. Such rightful owner, as set forth in the declaration described in subparagraph (B) of this sub - section, must present valid identification to the city's Public Safety Division, before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's Public Safety Division, and shall sign the declaration described in subparagraph (B) declaring himself or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either: (i) contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods, provided that the goods must be picked up within twenty -four (24) hours; or (ii) sign a release allowing the city to immediately discard or donate such seized perishable goods. (D) Prior to releasing, disposing or donating any perishable goods seized pursuant to section 4118.6 the city shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. (E) Any perishable goods not retrieved by the rightful owner, as provided for in this chapter, within twenty -four (24) hours of seizure of the same shall be immediately discarded by the city, with no liability to the city for such action. (F) Nothing contained in this Section 4118.6 shall limit the ability of the city to cite the rightful owner of such seized perishable goods for violation of this Chapter. n►enu Fl ORDINANCE NO. 09-1427U PAGE 5 OF 6 (G) The City Manager, or his or her designee, may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this Chapter." Section 5. This interim urgency ordinance is enacted pursuant to the authority conferred upon the City Council of the city of Carson by Government Code §§ 36934, 36937, and 65858, and shall be in full force and effect immediately upon its adoption by a four -fifths (4/5) vote of the City Council as if and to the same extent that such ordinance had been adopted pursuant to each of the individual sections set forth herein above. Section 6. In adopting this interim urgency ordinance, the City Council finds and determines that each of the recitals contained in this ordinance are true and correct, and that the adoption of this interim urgency ordinance is necessary to protect the public safety, health and welfare, as those terms are defined in Government Code § 36937, in at least the following respects: (a) To immediately preserve the public peace and avoid the unlawful assembly of persons in the public right of way. (b) To protect the health and safety of the public from the spread of disease and infection form the non - regulated preparation and sale of food items in unsanitary conditions. (c) To protect the public from the sale of goods that not been produced or manufactured in accordance with applicable state and local laws. Section 7. This interim urgency ordinance shall be of no further force or effect forty - five (45) days from and after the date of its adoption, unless the same is extended pursuant to the authority conferred upon the City Council by Government Code § 36937. Not later than ten (10) days prior to the expiration of this interim urgency ordinance, the City Council shall issue a written report as required by applicable state law. Section 8. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or this application to other persons or places. The City Council of the city of Carson hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person or place be declared invalid or unconstitutional. rMnR Rl ORDINANCE NO. 09-1427U PAGE 6 OF 6 PASSED, APPROVED and ADOPTED as an urgency ordinance this 16th day of June, 2009. ATTEST: City Clerk Helen S. Kawagoe APPROVED AS TO FORM: CMC, MMC STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) Mayor Jim Dear I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 09 -1427U was duly and regularly adopted by the City Council of said City on an urgency basis at a meeting of said Council, duly and regularly held on the 16th day of June, 2009, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: • Mayor Dear, Davis - Holmes, Santarina and Gipson None Ruiz -Raber None City Clerk, City of Carson, California ORDINANCE NO. 09-1427 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, PROHIBITING THE VENDING OF MERCHANDISE ON PUBLIC PROPERTY, STADIUMS, ATHLETIC FIELDS, COMMUNITY CENTERS OR ABANDONED PROPERTY WHEREAS, recently the city has seen a significant increase in the number of persons using the public rights of way to conduct the business of vending merchandise, interfering with the public's rights of access on sidewalks or passageways; and WHEREAS, in addition, properties which contain stadiums, athletic fields, community centers or other public use buildings are also increasingly being used by persons for the business of vending merchandise without the consent of the owners of such property, and without such persons having complied with regulations relating to the use of property; and WHEREAS, persons vending merchandise in the public right of way or in public buildings which has not been reviewed and cleared for such use by city staff (collectively, "street vendors ") do not have available the necessary amenities to conduct their businesses, including, without limitation, sanitation facilities, and have been seen littering, creating hazardous waste, polluting the environment, cooking in unsanitary conditions, no running water or cleaning facilities, and no toileting facilities. Such persons have also cut through fences around private property to create places where such activities can occur in private, although not with appropriate sanitation facilities, rendering enforcement of existing laws against such activities impossible; and WHEREAS, street vendors also generally do not have appropriate facilities for the storage and removal of trash and other waste generated by their businesses and have left such trash and waste on the public right of way and on the vacant property they are using, creating a health and safety hazard and adversely affecting the city's ability to control pollution including in those areas where the city is under federal or state mandates, such as storm drains; and WHEREAS, although selling merchandise within the city, street vendors do not appear to be collecting or paying to the state the sales tax as required by law, or are not reporting the sales as being within the city of Carson; and WHEREAS, street vendors generally do not have insurance as required by the city to operate a business and therefore expose members of the public to unnecessary and non compensable risks; and WHEREAS, street vendors obstruct the public right of way and contribute to increased safety risks by attracting an accumulation of people in concentrated areas thereby posing a substantial risk of disturbing the public peace and precluding the efficient and emergency use of safety equipment and personnel, such as fire trucks and police services; and WHEREAS, the city is studying mechanisms for the appropriate control of street vendors and the obtaining of required sales tax revenue, but the conclusion of such study and the [MORE] ailnntinn rat nrfIina two Q Ain 11 raVP arirrrw1rr.a777 xr ORDINANCE NO. 09 -1427 AN ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, PROHIBITING THE VENDING OF MERCHANDISE ON PUBLIC PROPERTY, STADIUMS, ATHLETIC FIELDS, COMMUNITY CENTERS OR ABANDONED PROPERTY WHEREAS, recently the city has seen a significant increase in the number of persons using the public rights of way to conduct the business of vending merchandise, interfering with the public's rights of access on sidewalks or passageways; and WHEREAS, in addition, properties which contain stadiums, athletic fields, community centers or other public use buildings are also increasingly being used by persons for the business of vending merchandise without the consent of the owners of such property, and without such persons having complied with regulations relating to the use of property; and WHEREAS, persons vending merchandise in the public right of way or in public buildings which has not been reviewed and cleared for such use by city staff (collectively, "street vendors ") do not have available the necessary amenities to conduct their businesses, including, without limitation, sanitation facilities, and have been seen littering, creating hazardous waste, polluting the environment, cooking in unsanitary conditions, no running water or cleaning facilities, and no toileting facilities. Such persons have also cut through fences around private property to create places where such activities can occur in private, although not with appropriate sanitation facilities, rendering enforcement of existing laws against such activities impossible; and WHEREAS, street vendors also generally do not have appropriate facilities for the storage and removal of trash and other waste generated by their businesses and have left such trash and waste on the public right of way and on the vacant property they are using, creating a health and safety hazard and adversely affecting the city's ability to control pollution including in those areas where the city is under federal or state mandates, such as storm drains; and WHEREAS, although selling merchandise within the city, street vendors do not appear to be collecting or paying to the state the sales tax as required by law, or are not reporting the sales as being within the city of Carson; and WHEREAS, street vendors generally do not have insurance as required by the city to operate a business and therefore expose members of the public to unnecessary and non compensable risks; and WHEREAS, street vendors obstruct the public right of way and contribute to increased safety risks by attracting an accumulation of people in concentrated areas thereby posing a substantial risk of disturbing the public peace and precluding the efficient and emergency use of safety equipment and personnel, such as fire trucks and police services; and WHEREAS, the city is studying mechanisms for the appropriate control of street vendors and the obtaining of required sales tax revenue, but the conclusion of such study and the [MORE] ORDINANCE NO. 09 -1427 PAGE 2 OF 6 adoption of ordinances will take approximately three months., during which time the health and safety problems described above will continue unless the activities generating such problems are stopped. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. There is hereby added Section 4118.3 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.3. (A) It is unlawful for any person to sell or offer for sale any food, beverage, good, ware, or merchandise of any kind (hereinafter "merchandise ") from any pushcart, wagon, bicycle, or other wheeled conveyance moved by human power (hereinafter, a "non- motorized device ") which is parked, stopped, or standing upon any public street, alley, parkway, sidewalk or other public property (hereinafter, "public property") in the city. (B) It is unlawful for any person to park, stop, or stand any non - motorized device upon any public property in the city for the purpose of causing the sale of or offering for sale any merchandise. (C) It is unlawful for any person to utilize any public property in the city for any display of merchandise for sale, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the city's Building and Safety Division has first determined that such display is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the "existing laws ") and has provided such person with a written consent which shall be kept at the location of such display and provided upon request to any person seeking to view the same. (D) It is unlawful for any person to utilize any public property in the city for the storage of merchandise, whether such merchandise is placed directly upon the public property or upon a stand, table, box, bucket, blanket or other display device located on the public property, unless the city's Building and Safety Division has first determined that such storage is consistent with the requirements of all existing laws and regulations, including but not limited to the Carson Municipal Code (hereinafter, the "existing laws ") and has provided such person with a written consent which shall be kept at the location of such storage and provided upon request to any person seeking to view the same. (E) It is unlawful for any person to sell or offer for sale any goods at any stadium, athletic field or community center within the city unless the prior written consent of the owner of such property has first been filed with the city's Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing [MORE] ORDINANCE NO. 09 -1427 PAGE 3 OF 6 laws, and the Building and Safety Division has provided such person with a written consent which shall be kept at the location of such sale or offer of sale and provided upon request to any person seeking to see it. (F) It is unlawful for any person to sell or offer for sale any goods on any property containing any vacant building within the city unless the prior written consent of the owner of such property has first been filed with the city's Building and Safety Division, the proposed activity has been reviewed and approved by the Building and Safety Division for consistency with all existing laws, and the Building and Safety Division has provided such person with a written consent which shall be at the location of such sale or offer of sale and provided upon request to any person seeking to view the same (G) It is unlawful for any person to sell or offer for sale any goods on any property containing any occupied building within the city unless such sale is specifically permitted pursuant to the provisions of the Carson Municipal Code." Section 2. There is hereby added Section 4118.4 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.4. The provisions of Section 4118.3 shall not apply to: (1) any person delivering any goods where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer regardless of the point of sale thereof; or (2) any charitable or religious solicitation which meets all requirements of Chapter 3, Section 6339 of the Carson Municipal Code; or (3) any person selling or offering to sell any merchandise upon public property if such sale is pursuant to agreement with the city or the prior written consent of the City has otherwise first been obtained." Section 3. There is hereby added Section 4118.5 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.5. Unless otherwise provided, any person who violates any provision of Section 4118.3 shall be guilty of a misdemeanor and may be cited or arrested. A violation of any provision of this ordinance may be charged as an infraction when the prosecutor files a complaint charging the offense to be an infraction." Section 4. There is hereby added Section 4118.6 to Chapter 1 of the Carson Municipal Code to read, in its entirety, as follows: "Section 4118.6. [MORE] ORDINANCE NO. 09 -1427 PAGE 4 OF 6 (A) Upon the citation or arrest of any person for violation of Section 4118.3, the city may seize and impound all perishable and non - perishable goods in the possession of such person. (B) Following citation or arrest pursuant to Section 4118.5 of this chapter, any unlicensed person or vendor shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. (C) The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty -four (24) hours. Such rightful owner, as set forth in the declaration described in subparagraph (B) of this sub - section, must present valid identification to the city's Public Safety Division, before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's Public Safety Division, and shall sign the declaration described in subparagraph (B) declaring himself or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either: (i) contact, with one (1) phone call (which one (1) phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods, provided that the goods must be picked up within twenty -four (24) hours; or (ii) sign a release allowing the city to immediately discard or donate such seized perishable goods. (D) Prior to releasing, disposing or donating any perishable goods seized pursuant to section 4118.6 the city shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. (E) Any perishable goods not retrieved by the rightful owner, as provided for in this chapter, within twenty -four (24) hours of seizure of the same shall be immediately discarded by the city, with no liability to the city for such action. (F) Nothing contained in this Section 4118.6 shall limit the ability of the city to cite the rightful owner of such seized perishable goods for violation of this Chapter. (G) The City Manager, or his or her designee, may adopt reasonable rules and regulations, not inconsistent with this Chapter, in order to implement this Chapter." [MORE] ORDINANCE NO. 09 -1427 PAGE 5 OF 6 Section 5. If any section, subsection, subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or this application to other persons or places. The City Council of the city of Carson hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person or place be declared invalid or unconstitutional. PASSED, APPROVED and ADOPTED this 7th day of July, 2009. ATTEST: X4_ City Clerk Helen S. APPROVED AS TO FORM: City Attorney C, MMC Mayor Jim Dear [MORE] ORDINANCE NO. 09 -1427 PAGE 6 OF 6 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 09 -1427 passed first reading on June 16, 2009, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, held on the 7th day of July, 2009, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mayor Dear, Davis - Holmes, Santarina, Gipson and Ruiz -Raber None None None City Clerk, City of Car •n, Cali rnia