HomeMy Public PortalAboutOrd. 1641 (2) ORDINANCE NO. 1641
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
REPEALING AND REPLACING TITLE 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) OF
THE LYNWOOD MUNICIPAL CODE TO CREATE A SIDEWALK
VENDING PROGRAM
RECITALS
I. Senate Bill ("SB") 946 was signed into law on September 17, 2018, and became
effective January 1, 2019.
II. SB 946 limits the authority of cities and counties to regulate sidewalk vendors,
except in accordance with California Government Code Sections 51038 and
51039.
III. The City's Municipal Code currently regulates sidewalk vendors in a manner that
is inconsistent with SB 946.
IV. 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.
V. 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; interfering with the performance of
police, firefighter, and emergency medical personnel services; encouraging
pedestrians to cross mid-block or stand in roadways to purchase food; and creating
obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic.
VI. The City Council finds that restrictions on sidewalk vending are needed to
accommodate vendors and their equipment, while also safeguarding 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.
VII. 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.
VIII. 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, so
that the same might be or become a pollutant.
IX. The City Council finds that restrictions on sidewalk vending in residential areas are
necessary to ensure that such areas are protected from excessive noise and traffic
impacts while allowing economic opportunities for sidewalk vendors.
X. The City Council adopts this Ordinance under the authority provided in SB 946,
and finds that the time, place, and manner regulations and requirements provided
herein are directly related to the City's purpose of protecting the health, safety, and
welfare of its residents, businesses and visitors.
Xl. All legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and determines
that all of the above Recitals are true and correct and incorporates such Recitals into this
Ordinance.
Section 2. Title 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) of the Lynwood Municipal Code is hereby
repealed and replaced, which shall read as follows:
"TITLE 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 Definitions. The following words and phrases, whenever used in this title,
shall mean as follows:
CIVIC CENTER. The grounds, buildings, structures, and open space areas bounded by
Bullis Road to the west, Ernestine Avenue to the east, Platt Avenue to the south (not
including the R-2 zone), and the Lynwood Library/City Hall North boundaries to the north.
DIRECTOR. The Community Development Director of the City of Lynwood.
welfare of the community, including but not limited to: illegal sales; exposure to
food-borne disease from unlicensed vendors; unsanitary conditions; public
hazards from trash and debris; overcrowded sidewalks impeding the free flow of
pedestrian movement; inconsistency with the federal American with Disabilities Act
of 1990; and line-of-sight obstruction from vehicles and pedestrians traversing the
ROW.
4. A local program regulating sidewalk vendors is necessary to address the above
concerns, and to further: ensure no interference with the performance of police,
firefighter, and emergency personnel services; the flow of pedestrian or vehicular
traffic, including ingress into, or egress from, any residence, public building, or
place of business, or from the street to the sidewalk, by persons existing or entering
parked or standing vehicles; provide reasonable access for the use and
maintenance of sidewalks, pathways, poles, posts, traffic signs or signals,
hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well
as access to locations used for public transportation services; maximize public
access to and along the right of way; reduce exposure to the City for personal
injury or property damage claims and litigation; protect the residents from persons
with certain criminal history.
5. Based on the foregoing, there is a current and immediate threat to the public
health, safety, and welfare, and an urgency ordinance is warranted and necessary
to protect the public against potential negative health, safety, and welfare impacts.
Section 2. Title 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) of the Lynwood Municipal Code is hereby
repealed and replaced, which shall read as follows:
"TITLE 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 Definitions. The following words and phrases, whenever used in this title,
shall mean as follows:
CIVIC CENTER. The grounds, buildings, structures, and open space areas bounded by
Bullis Road to the west, Ernestine Avenue to the east, Platt Avenue to the south (not
including the R-2 zone), and the Lynwood Library/City Hall North boundaries to the north.
DIRECTOR. The Community Development Director of the City of Lynwood.
FOOD. Any type of raw, cooked, or processed edible substance, including any food
product or beverage.
JUNK FOOD. Any food or beverage that is low in essential nutrients, protein, vitamins or
minerals and high in calories, sodium, sugar and fat. Junk Food includes, without
limitation, soda, candy, chips, ice cream, hot dogs or processed meat, and chocolates.
LOS ANGELES FIRE STATION. Any facility in the City of Lynwood where fire engines
and other equipment of the Los Angeles Fire Department are housed.
LOS ANGELES SHERIFF STATION. Any facility in the City of Lynwood where sheriff
vehicles and other equipment of the Los Angeles Sheriff's Department are housed.
MERCHANDISE. Any tangible goods or items that are not food.
PARK. An open space intended for public recreational use that is operated by the City
of Lynwood.
PERSON. One or more 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 SIDEWALK VENDOR. A 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.
SIDEWALK. A public sidewalk or paved pedestrian path or walkway specifically
designed for pedestrian travel.
SIDEWALK VENDOR. A person who sells from a vending cart or from one's person,
upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available
to pedestrians.
SIDEWALK VENDOR. A sidewalk vendor(s) or sidewalk vend(s) means a person who
sells food or merchandise from a pushcart, stand, equipment, display, pedal-driven cart,
wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon
a public sidewalk or other pedestrian path. Sidewalk vendor includes "roaming sidewalk
vendor" and "stationary sidewalk vendor." "Sidewalk vendor permit" means a permit
related to the use of a cart that is issued by the City in accordance with this chapter.
STATIONARY CART. A stationary cart means a pushcart, stand, display, pedal-driven
cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be
operated from a fixed location by a stationary sidewalk vendor instead of being moved
from place to place, where stops are limited to completing a transaction.
STATIONARY SIDEWALK VENDOR. A 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.
SELL or SELLING. To sell, offer for sale, display for sale, or solicit offers to purchase,
food, food products, beverages, goods, or merchandise.
SWAP MEET. A location operated in accordance with Chapter 25 (Zoning) Article 200
of the Lynwood Municipal Code, and any regulations adopted pursuant to that chapter.
TEMPORARY SPECIAL PERMIT. A permit issued by the City for the temporary use of,
or encroachment on, the sidewalk or other public area, including but not limited to, an
encroachment permit, special event permit, or temporary event permit, for purposes
including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and
street fairs.
VEND OR VENDING. To barter, exchange, sell, offer for sale, display for sale, or solicit
offers to purchase, food or merchandise, or to require someone to negotiate, establish,
or pay a fee before providing food or merchandise, even if characterized as a donation.
VENDING CART. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance used for selling, whether mobile or stationary, that is
not a vehicle as defined in the California Vehicle Code.
13-7.2 Permit Required. No person shall conduct or engage in sidewalk vending
within the City without first obtaining a sidewalk vending permit pursuant to this title.
13-7.3 Sidewalk Vending Permit Application.
A. To apply for a sidewalk vending permit, a person must file an application with
the Director, or designee, accompanied by a nonrefundable application fee in an
amount established by resolution of the City Council. The application shall be in a
form prescribed by the Director and shall contain, at a minimum, the following:
1. The full legal name, current address, and telephone number of the applicant;
2. If the applicant is an agent of an individual, company, partnership,
corporation, or other entity, the name and business address of the principal;
3. A copy of a California's driver's license or identification number, an individual
taxpayer identification number, or a social security number. The document or
number collected shall not be available to the public for inspection, is
confidential, and shall not be disclosed except as required to administer the
permit or comply with state law, or state/federal court order;
4. A description, map, or drawing of the area(s)/route the applicant intends to
operate;
5. A complete description of the food or merchandise offered for sale or exchange.
Any applicant who intends to sell food must also provide proof of either a Food
Handler Card or Certified Food Protection Manager certificate, where
applicable, pursuant to Health and Safety Code Section 113700-114437, and a
Mobile Food Facility permit certifying that the vending cart used has been
approved by the Los Angeles County Department of Public Health for that
particular type of food;
6. The dimensions of the vending cart;
7. A complete description of any ancillary items that the applicant intends to use
in conjunction with sales including, without limitation, trash receptacles, chairs,
umbrellas and umbrella stands, or similar items;
8. The hours per day and the days per week during which the sidewalk vendor
proposes to operate, and whether the applicant intends to operate as a
stationary sidewalk vendor and/or a roaming sidewalk vendor;
9. A California seller's permit number pursuant to Section 6067 of the Revenue
and Taxation Code;
10.Certification by the applicant that the information contained in the application is
true to his or her knowledge and belief;
11.Proof of a policy or policies of comprehensive general liability insurance with
minimum limits of one million dollars ($1,000,000) per occurrence, combined
single limit coverage and two million dollars ($2,000,000) in the aggregate
against any injury, death, loss or damage as a result of wrongful or negligent
acts or omissions by the applicant, with an endorsement naming the City as an
additional insured. In addition, to the extent required, the applicant shall carry
workers' compensation sufficient to meet requirements of the State of
California;
12.An agreement by the applicant to indemnify and hold harmless the City, its
officers and employees, for any damage or injury caused to the City or to third
parties as a result of the sidewalk vending conduct or activity as approved by
Lynwood's City Attorney;
13.Certification by the applicant, under penalty of perjury, that the information
contained in the application is true to his or her knowledge and belief; and
14.Any other reasonable information regarding the time, place, and manner of the
proposed vending.
B. Complete applications must be submitted to the Director, or designee. Only
complete applications will be considered. An application is complete if it includes
all required information together with full payment of the nonrefundable
application fee. Applications will be considered in the order they are received.
The City may require supplemental information from any applicant before
deeming an application complete. If supplemental information is requested, it
must be provided to the Director, or designee, within seven business days of the
request.
C. The City may deny any application that is incomplete or that does not comply with
all applicable requirements. The City may request and obtain supplemental
information from any applicant before making a decision on the application.
D. Applicants must agree to abide by the operational requirements stated in Title 13-
7.10.
E. Sidewalk vendors cannot be permitted as a permanent or proprietary location in
any property within the City.
13-7.4 Criteria for Approval, Denial, or Revocation of Permit. The Director, or his
or her designee, shall approve the issuance of a permit unless he or she determines
that:
A. The applicant has been convicted of any felony or misdemeanor, and has not
subsequently demonstrated rehabilitative characteristics;
B. Information contained in the application, or supplemental information requested
from the applicant, is false in any material detail;
C. The applicant has failed to provide a complete application, after having been
notified of the requirement to produce additional information or documents;
D. The applicant has failed to demonstrate an ability to conform to the operating
standards set forth in Title 13-7.9.
E. The conduct of the sidewalk vendor will unduly interfere with traffic or pedestrian
movement, or tend to interfere with or endanger the public peace or rights of
nearby residents to the quiet and peaceable enjoyment of their property;
F. If the application is for the renewal of a permit or a subsequent permit, the
applicant has failed to pay all previous administrative fines, completed all
community service or completed any other alternative disposition associated in
any way with a previous violation of this article; or
G. If the application is for the renewal of a permit or a subsequent permit, the
applicant has had a permit issued under this article rescinded within the last
twelve (12) months.
If the permit is denied, written notice of such denial and the reasons therefor shall be
provided to the applicant.
13-7.5 Permit Expiration and Renewal. A sidewalk vending permit shall be valid
for twelve (12) months from the date of issuance, and shall expire and become null and
void on the anniversary of its issuance. A person may apply for a permit renewal, on a
form provided by the City, prior to the expiration of his or her active sidewalk vending
permit and pay the related nonrefundable application renewal fee.
13-7.6 Permit Rescission. The Director may rescind a permit issued to a
sidewalk vendor on a fourth or subsequent violation of this title. A sidewalk vendor
whose permit is rescinded may apply for a new sidewalk vending permit upon the
expiration of the term of the rescinded permit.
13-7.7 Appeals. Any person aggrieved by the decision of the Director to issue,
deny issuance, or rescind a sidewalk vending permit may appeal the decision to the
City Council. The appeal shall be filed with the City Clerk within fourteen (14) days
following the date of the Director's decision.
13-7.8 Emergency Temporary Suspension of Permit. Where the conduct or
the activity of the permittee creates an imminent peril to the public health or safety, a
permit issued pursuant to this title may be summarily suspended upon notice to the
permittee, provided that the permittee shall be entitled to a hearing within three (3) days
thereafter and any emergency suspension shall not exceed fifteen (30) days pending a
hearing under Title 13-7.7.
13-7.9 Permits Nontransferable. No permit granted pursuant to this title shall
be transferable. Sidewalk vending permits are issued to persons, not vending carts.
13-7.10 Operating Requirements. Sidewalk vendors shall comply with the
following:
A. No sidewalk vendor shall vend in the following locations:
1. Any public property other than a sidewalk, including, without limitation,
streets, alleys, plazas, and City-owned parking structures;
2. Within fifteen (15) feet of any street intersection or traffic signal;
3. Within fifteen (15) feet of any fire hydrant, fire call box, police call box, traffic
signal controller, streetlight controller, or other emergency facility;
4. Within ten (10) feet of any driveway or driveway apron;
5. Upon or within any roadway, median strip, or dividing section;
6. Upon or within any parkway or landscaped areas lacking paved
pathways for travel;
7. Within two hundred (200) feet of any other sidewalk vendor;
8. Within five hundred (500) feet of an area designated for a temporary
special permit. This prohibition shall be limited to the duration of the
temporary special permit;
9. Within five hundred (500) feet of the nearest property line of any property
on which a place of worship or general child care facility is located while
the same is in use;
10. Within five hundred (500) feet of the nearest property line of any property
on which a school building or facility (public or private), including athletic
field, is located while the same is in use, including afterschool child care,
enrichment classes and sports, and not within one hour before school
drop off or one hour after such operations listed above;
11. Within one hundred (100) feet of a public picnic area, playground area, or
playground equipment while the same is in use;
12. Within one hundred (100) feet of a public community center, athletic field,
softball/baseball diamond, basketball court, handball court, tennis court,
soccer field, or volleyball court while the same as in use;
13. Within one hundred (100) feet of a Los Angeles Sheriff, Los Angeles
Firefighter, or emergency medical personnel who is actively performing
his or her duties or providing services to the public;
14. If a stationary sidewalk vendor, within any sidewalk that is not a minimum
width of eight (8) feet, exclusion of curb width;
15. Within one hundred (100) feet of the portion of any City facility that is
renting merchandise to the public or where rental merchandise is stored;
16. Within twenty-five (25) feet of a litter receptacle, bike rack, or restroom;
17. Within twenty-five (25) feet of a door or emergency exit of any business
during the hours that the business is open to the public or to persons
having or conducting lawful business within the premises;
18. Within twenty-five (25) feet of a pedestrian entrance/exit or elevator lobby
of a City-owned parking structure;
19. Within five (5) feet of metered parking along a curb;
20. With four (4) feet of non-metered parking along a curb;
21. Within three (3) feet of a red curb if not adjacent to a parking meter or
loading zone or a curb if posted for permanent no parking;
22. Within one hundred (100) feet of an alley, parking lot or parking garage
vehicle entrance/exit;
23. Within ten (10) feet of a marked crosswalk;
24. Within ten (10) feet of the curb return of an unmarked crosswalk;
25. Within forty (40) feet of a bus loading zone or staging zone during the time
posted;
26. Within twenty-five (25) feet of a bus stop, trolley stop, taxi stand, bus
bench, or bus shelter;
27. Within two hundred (200) feet of a Los Angeles Sheriff Station or Los
Angeles Fire Station;
28. Within fifteen (15) feet of an automated teller machine or parking pay
station;
29. If a stationary sidewalk vendor, within a park owned or operated by the
City if the City has signed an agreement for concessions that exclusively
permits the sale of food or merchandise by the concessionaire;
30. Within two hundred (200) feet of the Civic Center;
31. Within two hundred (200) feet of a backup City Emergency Operations
Center, identified in the City's Emergency Operations Plan, during the
operational period;
32. If a stationary sidewalk vendor, within areas zoned exclusively for
residential use or within two hundred (200) feet of any areas zoned
exclusively for residential use;
33. Within one hundred (100) feet of an open air dining area; or
34. On private property without the consent of the property owner.
B. No sidewalk vendor shall sell in a manner that blocks or obstructs the free
movement of pedestrians or vehicles. Sidewalk vendors must at all times
provide a clearance of not less than four (4) feet on all sidewalks or pedestrian
areas so as to enable persons to freely pass while walking, running, or using
mobility assistance devices;
C. Sidewalk vending is only permitted between the hours of 8:00 a.m. and 10:00
p.m., daily, except as follows:
1. In residential areas, sidewalk vending shall only be permitted between
the hours of 8:00 a.m. and 6:00 p.m. on weekdays and between the hours
of 9:00 a.m. and 5:00 p.m. on weekends and holidays.
2. In nonresidential areas, the limit on hours of operation shall not be more
restrictive than the hours of operation of other businesses or uses on the
same street.
3. In park areas, sidewalk vending shall be permitted only during hours the
park is open to the public.
D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively
residential.
E. Stationary sidewalk vendors shall not vend at any park where the City has signed
an agreement for concessions that exclusively permits the sale of food or
merchandise by a concessionaire.
F. A sidewalk vendor who vends any food other than prepacked food shall provide
hand sanitizer for use by the sidewalk vendor and patrons.
G. A stationary sidewalk vendor shall maintain a clearly designated litter receptacle
in the immediate vicinity, marked with a sign requesting use by patrons. The
litter receptacle must be large enough to accommodate customer litter without
resort to existing litter receptacles located on any block for use by the general
public. The vendor's litter receptacle may not be left on the sidewalk upon
leaving any vending location. The vendor shall not empty its litter receptacle into
a City refuse container.
H. A roaming sidewalk vendor vending from a vending cart shall maintain a litter
receptacle attached to the vending cart large enough to accommodate customer
litter without resort to existing litter receptacles located on any block for use by
the general public and marked with a sign requesting use by patrons. The
vendor shall not empty its litter receptacle into a City refuse container.
I. Sidewalk vendors shall maintain a neat, sanitary, hazard and trash-free fifteen
(15) foot radius of the vending location during hours of operation, and prior to
leaving any vending location, the sidewalk vendor shall pick up, remove, and
dispose of all litter generated by the vending operations within a fifteen (15) foot
radius of the vending location in the sidewalk vendor's litter receptacle. Sidewalk
vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or
left, any litter, food, or other discarded or abandoned objects, in or upon any
street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage
structure, or upon any public or private land in the City, so that the same might
be or become a pollutant.
J. Sidewalk vendors shall immediately clean up any food, grease, or other fluid or
item related to sidewalk vending activities that falls on public property.
K. If a stationary sidewalk vendor remains in place for one (1) hour or longer, the
sidewalk vendor must be located within one hundred (100) feet of a publicly
accessible restroom.
L. Vendors of food or food products shall possess and display in plain view on the
vending cart a valid Public Health Permit from the Los Angeles County
Department of Public Health.
M. Sidewalk vendors shall possess at all times while selling, a valid sidewalk vendor
permit issued pursuant to this title, as well as any other permit or license required
by the City and any other appropriate governmental agency.
N. Sidewalk vendors shall possess at all times while selling, current liability
insurance per Title 13-7.3(11).
0. Sidewalk vendors shall comply with all applicable state and local laws, including
without limitation state food preparation, handling, and labeling requirements;
fire codes and regulations; noise standards; and the Americans with Disabilities
Act of 1990 and other disability access standards (both state and federal).
K. Vending carts shall not be chained, fastened, or affixed at any time to any
building or structure, including, but not limited to lampposts, parking meters,
traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs,
trees, or other objects within the public right-of-way. No vending cart shall
become a permanent fixture on any site or be considered an improvement to
real property.
L. Sidewalk vendors must ensure that food and merchandise are securely fastened
to the vending cart in such a manner that the food or merchandise does not fall
off or extend outside of the frame of the vending cart.
M. Vending carts shall not be placed on any public property other than a sidewalk.
N. Vending carts shall not touch, lean against or be affixed at any time to any
building or structure including, but not limited to poles, signs, trees, lampposts,
parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters,
newsstands, trashcans or traffic barriers, or other objects on public property or
in the public right-of-way.
0. All signage and advertising related in any way to the sidewalk vendor must be
attached to the vending cart or the sidewalk vendor's person, and shall not be
electrical, flashing, wind-powered or animated.
P. A vending cart approved by the Los Angeles County Department of Health to
vend one type or types of food may not be used to vend a different type of food.
Q. Sidewalk vendors shall comply with all applicable state and local laws, as
amended from time to time, including without limitation, Title 3-12 (Noise) of the
Lynwood Municipal Code, Division I of Title 11 (County Health Code) and
Division I of Title 8 (Public Health Licenses) of the Los Angeles County Code,
state food labeling and preparation requirements, fire codes and regulations, and
the Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards (both state and federal).
R. Not including an attached litter receptacle, vending carts shall not exceed a
length of four (4) feet, a width of four (4) feet, or a height, including a roof,
umbrella, or awning, of ten (10) feet provided that any umbrella or awning shall
be no less than seven (7) feet above the surface of the sidewalk.
S. Vending carts shall not be accompanied by accessories, including, but not
limited to, tables, chairs, benches and umbrellas except that one chair and one
umbrella may be provided for the purpose of allowing the vendor or an employee
to be seated in shade.
T. Vending carts for food shall be stored in accordance with all requirements of the
Los Angeles County Department of Public Health.
U. Vending carts shall have locking wheels to prevent uncontrolled movement.
V. Vending carts shall not be left unattended.
W. Vending carts shall not be left overnight on any public property or right-of-way.
X. Sidewalk vendors shall not engage in any of the following activities:
1. Using verbal or physical conduct that would cause a reasonable person to
fear for his or her safety;
2. Intentionally causing unwanted physical contact with any member of the
public;
3. Following a person who walks away after expressing a desire to not be
vended to;
4. Approaching a person on a bicycle, occupying a motor vehicle, or an
emergency vehicle offering services to the public;
5. Approaching a person standing in line, seated in an outdoor dining area, or
similarly stationary for a specific purpose, so that to a reasonable person, it
is apparent that the purpose would be frustrated by relocation to avoid the
sidewalk vendor;
6. Intentionally blocking the path of the person being vended to or who has
expressed a desire to not be vended to;
7. Impeding or obstructing ingress to or egress from any private property or any
structure, parking space or loading facility;
8. Renting merchandise to customers;
9. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco
or electronic cigarette products;
10. Knowingly making false statements or misrepresentations during the course
of vending;
11. Vending illegal or counterfeit merchandise;
12. Bartering, exchanging, selling, offering for sale, displaying for sale, or
soliciting offers to purchase services;
13. In parks, interfering in any way with anyone engaged in a physical activity or
approaching spectators who are watching a sporting activity to vend;
14. To prevent dangerous distractions, making any outcry, blowing a horn,
ringing a bell, or using any sound device or musical instrument for the
purpose of attracting the attention of potential patrons;
15. Damaging public or private property, including trees, shrubs, grass, flowers,
plants or vegetation;
16. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or
parking spaces; or
17. Vending in a manner that blocks or obstructs the free movement of vehicles,
including parked vehicles.
13-7.11 Commercial Vehicles. The operator of any commercial vehicle shall not
vend, peddle, sell, or solicit any food, merchandise, goods, or services on a public street
under the control of the City without conforming to all of the following:
A. The vehicle owner or operator first shall have obtained a business license from the
City and shall have paid any required license fees.
B. 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.
C. The vehicle operator shall first bring the vehicle to a complete stop, and shall have
lawfully parked the vehicle adjacent to the street curb.
D. The vehicle operator shall not remain or permit their vehicle to remain in any one
location for more than 30 minutes and, upon the expiration of the 30 minutes, must
move at least one-half mile from that location. In addition, the vehicle operator
may not return to any location within a three-hour period.
E. The vehicle operator shall not park the vehicle within five hundred (500) feet of a
school (public or private) or park, or within two hundred (200) feet of another
vehicle engaged in vending, peddling, selling, or soliciting.
F. 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.
G. Every vehicle owner and operator shall consent to a background investigation by
the City's law enforcement personnel.
H. 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.
I. Business licensing of mobile ice cream vendors is limited to fourteen (14) licenses
within City limits.
J. Each licensed mobile ice cream vendor owner or operator is limited to one ice
cream vending vehicle.
13-7.12 Administrative Citations.
A. A violation of any provision of this title by a sidewalk vendor who has a valid
sidewalk vending permit or a commercial vehicle who has a valid business
license from the City is punishable only by an administrative citation pursuant to
Title 20-3 (Issuance of Administrative Citation, Fines) of the Lynwood
Municipal Code in amounts not to exceed the following:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of
the first violation.
3. Five hundred dollars ($500) for each additional violation within one year
of the first violation.
B. A person engaged in sidewalk vending without a valid City sidewalk vending
permit or a commercial vehicle without a permit is punishable by an
administrative citation in amounts not to exceed the following, in lieu of the
amounts set forth in paragraph A:
1. Two hundred and fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the
first violation.
3. One thousand dollars ($1,000) for each additional violation within one
year of the first violation.
4. Upon proof of a valid sidewalk vending permit issued by the City, the
administrative citations set forth in this paragraph shall be reduced to
amounts set forth in paragraph A.
C. As related to sidewalk vending only, a violation of this title shall not be
punishable as an infraction or misdemeanor. No person alleged to have
violated the provisions herein shall be subject to arrest except when otherwise
permitted by law.
D. As related to sidewalk vending only, failure to pay an administrative citation
issued pursuant to this section shall not be punishable as an infraction or
misdemeanor. Additional fines, fees, assessments, or any other financial
conditions beyond those authorized herein shall not be assessed.
E. As related to sidewalk vending only, when assessing administrative citations
pursuant to this section, the Director shall take into consideration the person's
ability to pay the fine. The City shall provide the person with notice of his or her
right to request an ability-to-pay determination and shall make available
instructions or other materials for requesting an ability-to-pay determination. The
person may request an ability-to-pay determination at adjudication or while the
judgment remains unpaid, including when a case is delinquent or has been
referred to a comprehensive collection program.
F. As related to sidewalk vending only, if a person meets the criteria described in
subdivision (a) or (b) of Government Code Section 68632, the City shall
accept, in full satisfaction, twenty (20) percent of an administrative citation
imposed pursuant to this title.
G. As related to sidewalk vending only, the Director may waive the administrative
citation or may offer an alternative disposition."
Section 3. Title 4-1 (Licensing and Business Regulations - Definitions) of the
Lynwood Municipal Code is hereby amended to clarify that the definition of the term
"Peddler" does not include sidewalk vendors, with all other definitions in Title 4-1 to
remain unchanged, which shall read as follows:
"PEDDLER. Any person, other than a sidewalk vendor operating with a valid
permit issued in accordance with Title 13-7 (Sidewalk Vending), who goes from
house to house, place to place, or in or along the streets within the city selling or
making immediate delivery, or offering for sale and immediate delivery any
goods, wares or merchandise or anything of value, in possession of the peddler,
or offering to perform personal services to persons other than manufacturers,
wholesalers, jobbers or retailers in such commodities."
Section 4. Title 7-20.17 (Sales From Carriers, Coaches Or Other Nonmotorized
Vehicle On City Streets Prohibited) of Chapter 7 (Vehicles and Traffic) of the Lynwood
Municipal Code is hereby amended to read as follows:
"No person, firm, or corporation shall use a pushcart, stand, display, pedal-driven
cart, wagon, showcase, rack, or other nonmotorized conveyance used for selling,
whether mobile or stationary, in or on any public street, sidewalk or park in the City
of Lynwood without a valid sidewalk vending permit issued in accordance with Title
13-7 (Sidewalk Vending)."
Section 5. Title 10-10 (Permit Required to Conduct Business) of Chapter 10
(Parks and Recreation) of the Lynwood Municipal Code is hereby amended to provide
that sidewalk vendors may operate in City Parks in accordance with Title 13-7 (Sidewalk
Vending), with all other provisions of Chapter 10 to remain the same, which shall read
as follows:
"No person shall conduct, practice, carry on or solicit for any trade, occupation,
business or profession in a City park without a valid sidewalk vending permit
issued in accordance with Title 13-7 (Sidewalk Vending), or without the
permission of the City Council."
Section 6. Title 13-11.5 (Exemptions) of Title 13-11.1 (Encroachments) of
Chapter 13 (Streets and Sidewalks) of the Lynwood Municipal Code is hereby amended
to add language clarifying that sidewalk vendors do not require encroachment permits,
which shall read as follows:
"This section shall not apply to:
(A) United States mail boxes;
(B) Public utility poles and facilities pursuant to rights granted by city or
state law;
(C) Portable garbage and rubbish receptacles or refuse when conforming
to and placed for collection in accordance with the provisions of this code;
and
(D) Sidewalk vendors operating in accordance with Title 13-7."
Section 7. CEQA Findings. The City Council hereby finds and determines that
this Urgency Ordinance is not subject to the California Environmental Quality Act
(Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Sections
15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in
a direct or reasonably foreseeable indirect physical change in the environment,
because there is no possibility that it may have a significant effect on the environment,
and because it is not a "project" as that term is defined in Section 15378 of the State
CEQA Guidelines.
Section 8. Severability. If any section, subsection, sentence, clause, or phrase
of this Urgency Ordinance is for any reason held to be invalid or unconstitutional by a
decision of any court of any competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Urgency Ordinance. The City Council hereby
declares that it would have passed this Urgency Ordinance, and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the Urgency Ordinance would be subsequently
declared invalid or unconstitutional.
Section 9. Effective Date. This Urgency Ordinance enacted under California
Government Code section 65858(a) will take effect immediately upon adoption by a four-
fifths (4/5) vote of the City Council.
Section 10. Adoption. The City Clerk shall certify to the adoption of this Urgency
Ordinance and shall cause it to be published and/or posted as required by law.
(Signatures on Next Page)
PASSED, APPROVED AND ADOPTED this 5th day of March 2018.
Jos Luis Solache, Mayor
ATTEST:
Maria Quinonez, vity Clerk '
APPROVED AS TO FORM APPROVED AS TO CONTENT
Noel Tapia, City At orney Jose meteotl, City Manager
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Maria Quinonez, City Clerk of the City of Lynwood, do hereby certify that Ordinance
No.1641 was duly adopted at a regular meeting of the City Council of the City of Lynwood, held
on the 19th day of March, 2019, and approved by the following vote, to wit:
AYES: COUNCIL MEMBERS ALATORRE, CASANOVA, AND SANTANA
NOES: MAYOR SOLACHE
ABSTAIN: NONE
ABSENT: MAYOR PRO TEM CASTRO
MariaMP -
•uinonez, City Clerk
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, 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. 1641 on file in my office and that said Ordinance was adopted on the date and by the vote
therein stated.
Dated this 19th day of March, 2019.
Maria Quinonez, City Cl--rk