HomeMy Public PortalAboutOrd. 1681ORDINANCE NO 1681
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CHAPTER 13 -7 OF THE MUNICIPAL REGLATING VENDING,
PEDDLING, SELLING AND /OR SOLICITING ON PUBLIC STREETS,
SIDEWALKS, PARKS, PARKWAYS, MEDIANS, LANDS, OR PROPERTIES
UNDER THE CONTROL OF THE CITY
WHEREAS, on June 21, 2011, the City Council of the City of Lynwood
( "City Council ") amended chapter 13 -7 of the Lynwood Municipal Code to permit
extended operating hours for licensed ice cream vendors during summer months
by way of an approved Special Permit issued by the Department of Development
Services; and
WHEREAS, the said amendment changed the standard operating hours
from 9:00 A.M. through 6:00 P.M. to 9:00 A.M. through 5:00 P.M.; and
WHEREAS, the Department of Development, Compliance & Enforcement
Services seeks to promote compliance with the Municipal Code, while providing
equitable opportunity for all businesses in the City of Lynwood; and
WHEREAS, the City Council finds it necessary to set clear requirements,
streamlined processes for licensed ice cream truck vendors; while maintaining
the mechanisms to regulate unlicensed commercial vehicle vendors on public
streets and sidewalks to protect the public safety and welfare.
WHEREAS, on June 7, 2016, the City Council held a duly noticed public
hearing regarding the proposed change to Chapter 13 -7 of the Lynwood
Municipal Code involving licensed ice cream vendors operating hours; and
WHEREAS, the Lynwood City Council has carefully considered all oral
and written testimony offered at the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS:
Section 1. That all the facts set forth in Recitals above are true and
correct.
Section 2. That Section 13- 7.2(b)(2) of the Municipal Code be amended
as referenced in Exhibit A:
Section 3. Based upon substantial evidence presented to this City
Council during the public hearing conducted with regard to the application,
including a written staff report, verbal testimony, and pursuant to Lynwood
Municipal Code Section 25- 100-4.
Section 4. The City Clerk shall certify as to the passage and adoption of
this Ordinance and to cause it to be published as required by law.
Section 5. This Ordinance shall go into effect and be in full force and
operation from and after thirty (30) days from the date of its final passage and
adoption. However, nothing prohibits the City from extending a grace period prior
to enforcement of the Ordinance.
Section 6. The City Council finds this Ordinance is exempt from the
California Environment Quality Act ( "CEQA "). This Ordinance is exempt from
CEQA iri its entirety pursuant to Section 15061(b)(3) of Title 14 of the California
Code of Regulations because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment.
Section 7. If any chapter, section, subsection, subdivision, paragraph,
sentence, clause or phrase, or portion of this Ordinance, or the application
thereof to any person, 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 the Ordinance or its application to other
persons. The City Council hereby declares that it would have adopted this
Ordinance and each chapter, section, subsection, subdivision, paragraph,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions of the application thereof to any person, be declared invalid or
unconstitutional.
Section 8. The City Clerk shall certify as to the adoption of this City
Council Ordinance.
First read at a regular meeting of the City Council held on the 7th, day of June,
2016 and adopted and ordered published at a regular meeting of said Council
held on the 21St, day of June, 2016.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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PASSED, APPROVED and ADOPTED this 218t day of June, 2016.
ATTEST:
Maria Quinonez,
City Clerk
APPROVED AS TO FORM:
David . Garcia,
City Attorney
Edwin Hernandez,
Mayor
APPROVED AS TO CONTENT:
J. Arnoldo Beltran,
City Manager
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Erika Ramirei,'IntV Director
Development, Com nce &
Enforcement Services
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the 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, 2016.
AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEGS,
SOLACHE, CASTRO AND MAYOR HERNANDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez, City`Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is
a full, true and correct copy of Ordinance No. 1681on file in my office and that
said Ordinance was adopted on the date and by the vote therein stated. Dated
this 215tday of June, 2016.
Maria Quinonez, City Clerk
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Exhibit A
Legend
➢ Existing
-)�-e
➢ Add
13 -7
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. (Ord. #1641, §1)
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 -7.2b and 13 -7.2c.
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 nine o'clock (9:00) A.M. and five o'clock (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 nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. with the
appFeval of a a al permit th Faugh the develenmen{ sendnes depa*nen{
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.
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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 and letter grade
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.
9. Each licensed mobile ice cream vendor owner or operator is limited to one (1)
ice cream vending vehicle.
c. Exemptions. Except as provided in subsection 13 -7.2b, 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. (Ord. #1641, §1)
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 subsections 13137.2b and 13 -7.2c. 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:
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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 chapter20 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
subsection13 -7.3c 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 13- 7.3c2, the vehicle shall be returned
without any cost to the owner.
3. Motion to Court for Return of Vehicle. At anytime, a person may move the court for the
immediate return of the vehicle on the grounds 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 13 -7.3c3 is a
proceeding in a limited civil case.
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4. Unclaimed Vehicle. If, after the expiration of six (6) 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. (Ord. #1641, §1)
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