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HomeMy Public PortalAboutOrd. 1271 _r . h AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 28-8 OF THE LYNWOOD MUNICIPAL CODE DEALING FRITH %ENDING, PEDDLI`1G A2dD/OR SOLICITING ON PUBLIC STREETS The City Council of the City of Lynwood does ordain as follows: ORDINANCE NO. 1271 :,• Section .l. Section 28-8 of the Lynwood Municipal Code is hereby amended to read as follocus: 28-8. Vendin blic streets, s operties or oth e City of Lvnwo g, peddling idewalks, p er lands or od. selling and/or soliticing on rks, parkways, medians, lands, oronerties under the control o (A) The City Council finds and determines that i*_s public lands (which include streets, sidewalks, parks, parkways, medians, and any lands or properties under its control) are to be used for public purposes. The use of these areas is public and there is no vested righ~ to-conduct commercial business upon those public lands or~.properties. Vending, Peddling, Jeiiiitg ai,u~vi $GiiC. va, s Rights-of-Way or Property Regulated or Prohib-ited.v (B) (1) No person shall vend, peddle, sell or solicit any merchandise, goods or services on a aublic street, sidewalk, park, parkway, median, land, real property or any other land or property under the control of the City of Lynwood. With respect to operators of commercial vehicles engaged in vending upon a street, part (2) of this paragraph shall be deemed controlling in the event of conflict with this part (1) of paragraph (B). (2) The operator of any commercial vet:icle shall not vend, peddle, sell or solicit any merchandise, goods, or services on a public street under the control of the City of Lynwood without conforming to all of the following: (i) The vehicle owner or operator first shall have obtained a business license from the L1ty Clerk a.,G ~":ail `av:_ paid any re.j~.ii.'ed oermit fee; ;,' (ii) The vehicle operator and any assistant thereto shall conduct such commercial activities only between the hours of 9:00 a.m. and 6:00 .p.m.; (iii) The vehicle operator shall first bring the vehicle to a complete stop, and shall have lawfully parked tha vehicle adjacent to the street curb; (iv) The vehicle operator shall not park the vehicle with iii five hundred (500) feet of a public school or park or within two hundred-fifty (250) feet of another vehicle engaged in vending, peddling, selling, or soliciting; (v) .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: $500,000 for each person and $2,000,000 in the aggregate; Personal Injury Liability: $1,000,000 each occurrence; Workers' Compensation and Employer's Liability: $'1,000,000 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 City Clerk 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 City Clerk as a condition precedent to the City Clerk issuing a business license for such vending, peddling, selling or soliciting and a copy thereof shall be carried at all times in *_'~e vehicle; -2- A 7 ' 1} (vi) Every vehicle owner and operator shall consent to a background investigation by the City's law enforcement personnel; and (vii) Every vehicle owner or operator involved ir. the sale or provision of food products of anv kind within the City shall obtain an:9 openly display a health certificate from the Los Angeles County Department of Health on each vehicle operated within the City for such purpose. Vending, Peddling, Selling Lands, Rights-of-Way or Proper and/or Solicitin v - Exceptions. (C) Except as provided in part (2) of paragraph (B) of this paragraph, 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 of Lynwood, except: (1) When the activity occurs at events as determined by the City Council of the City of Lynwood to be Special Events and the City specifically approves the conducting of such activity at such Special Event by such person; or (2) When the activity'involves *_he selling of books, newspapers, periodicals, magazines and other constitutionally protected forms of free speech. Section 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, firm, corporation or circumstance 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 portion thereof. The City Council of the City of Lynwood 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 unconstituticnal. Section 3. This Ordinance shall require four (4) affirmative votes and shall take effect immediately upon adoption. This Ordinance is necessary for the immediate preservation of the public peace, health or safe*_y ir7 tFa*_ the City requires an orderly method for regulating the commercial use of public property within the City consistent with Chapter 495 of 1985 Statutes and the objective of maintaining the availability of public property for use by the general public in a manner that will promote the public peace. on Public -3- i _,_...._ ..: _._ _ _ ;._ , n ~ PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lynwood on the 27th day of January, 1986. AYES: COUNCILPERSON BYORK, MORRIS, THOMPSON, WELLS, HENNING NOES: NONE ABSENT: NONE /. ~' ;~2'"" ROBERT HENNTNG, bla r, City of Lynwood ATTEST: ANDREA ;,. HOOPER, City C~k City of Lynwood APPROVED AS TO FORM: APPROVED AS City torney ~ CHARLES G. 0697k/1269/00 -4- INTENT: ~~v_v/ City Mijnager ~-~ . ;i . ,, . STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Ceuncil of said City, de hereby certify that :le above is a true and correct copy of Ordinance No. 1271 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 28th day of January 198(. (SEAL) City Clerk, City of Lynwood PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles, 55. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lynwood Press and Tribune A California: Corporation SE AL 16-660580 Tribune Adj. 374904 Press Adj. LBC 5394 a newspaper of general circulation, printed and published Thursdays in the City of Lynwood County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the Lynwood Tribune date of February 1922, case number 37904 and the Lynwood Press date March 1, 1933, Case Number LBC-5394; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to-wit: ~~ O all in the year 19 ~6 I certify (or declare) under penalty of perjury that the foregoing is true and mrrecf. Signature Dated at Lynwood, California this day of s'~~-~~ 196 This space is for the County Clerk's Filing Stamp EYECEIi/E~ CITY OF LYNWOOD CITY CLERKS OFFICE p anq FEB G 1986 rl~ 718l911O1111I2j112i31~?;516 Q Proof of Publication of ' ~ P_O.,26963 ORDINANCE NO. tgT 1 - ~ - ' AN URGENCY ORDINANCE OFTNE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING 8ECTION . 'gB-e OF THE LYNWOOD MUNICIPAL CODE DEAL- ING WITH VENDING, PEDDLING AND/OR SOLICIT- ING ON PUBLIC STREETB._.y_ ___ _ ~ rho Cip•C¢unoil of lha Clly of LynwOOtl tloes oitlain es follows: ,; . 8ecgon 1: Section 296 of the Lynwood Municipal ~ Code JS hereby amentletl m reatl as t011ows: - I ~ g8-B. Vanding,pMdllnq, aelllnq end/onolllldngan ( public alraeN, abawalb, WM parkwaYF mWlana, I lands, propeHlea or otMr lands or propeHlo trpdaf 1 the control of the Clly of Lynwood. '. I I (A) Tne Cily Council fintls'antl Oelermines lhN As public lands (which Inclutle streets, sitlewelks, perks. I parkways, metlians, entl any lantls or properties under Ps control) are 10 be usetl for public purposes. The use of These areas Is public entl Iher¢ is no vested right 10 contlucl commercial business upon (hose public lands ar properties. Vending. Paddling. Selling end/or SNINIInq, on , i PpbgC Lands, Rlghtrof-WayorPropeHYRpulaledor Prohibited. - (B)(1) No pemon ehall ventl, petltllesell or solldil any I merchantlisa, goods or services on a public street, sitlewelk,park,parkway,median,land,wal propenyor any Other land or prppeny under the control of the Ciry of ~ tynwOgd.•Wilh respect 10 bperalors of dpmmeRial , vehicles enga9etl In ventling upon dstreel. pan (2)af this paragrTpn shall bedeemed controlling in the event of ~ ~', congicl with This pert (1) of paragraph (R). ' I - (2) The operelor of any commercial vehicle shall not 1 vend, peddle, sell or solicit any merchantlisa, goods, or . services ono Dublic street untler lne control Of the Clry of 1 II Lynwootl without conforming to all of lh¢ lollowing: '(i) The v0hicle owner or operator lirsl shall have obtained a business license from the Cily CIeB entl shal_I have paitl any required parmA lee: ~' (ii) The vehicle OperalOr entl any assls1an11heRlo shell conduct such commercial activities only between the hours 019:00 am. entl 500 pm:. i i (iii) The vehicle operator shall first bring lhevehlCl¢l08 ~ co pl Te slop,andshallhavelawfullyperkedlhevehicle- adleceN fo fhE 9r eelc m. ~-.' ~-. _ ryti/,"'r ( )The vehicle operelor shall not paM the vehicle ~" wlhi five hundred (500)feel0la publcschool or pant or within Iwo nuntlretl-fifty (250) feet of another vehcle ~ I engaged In ventling, petltlling; selling. orsolictting; , i (v) The vehicle owner or operator shell Mve obtained for each bepicle owned or operatetl Thereby a compre- . hensive liability insuranre policy which shall proleN the I Owner, the operator entl the Ciry (as an additional insured) ( untler Ne policy with types and amounts pt coverage as I follows Bodily Inlury entl Property Damage Liability In- t surance: S5011,0o0 for each person end $2.000,000 In the - aggregate: Personal Inlury Liability: 51,000000 each I occurrence;Workers'COmpensation entl Employer's Lie- 1 bilily$1 p00000 each accitlenl.Theowneror operator of I Tne vehi¢Ie shall tumish BC¢niticele of ibauraneBCpunter- i I signed by an aulhorizetl agent of the insurance carrier om a form of the Insurance carrier selling forth Tne general i ) provisions of lhelnsurance coverage.This cpuntersignea ( cenifcale shall name the Ciry ds en adtlili0nar insuretl untler the policy. entl shall containastalemenl of oblige- I lion On the pan of the insurance certiei to notify NB City 1 ~~. Clerk Oy ceetllietl mail, return receipt roquesled of any i ~I material change, .cancellation or lermineli0n N such insurance. The requiretl ceniflcale shall be furnished by I Ne owner Or operaor 01 The vehicle IOlhe Cily CI¢fk es a contlilion precetlenl to Ne Clry CIBM issuing a bustnea8 license for such ventliny,peddling, selling ar solicitidgentl 1 . ecopy thereof shall be earrletl of all limes inlhe vehcle:-2 I (vi) Every vehicle owner and operator shall opnsenUpa backyrountl Inveafigafionby the City's law enlorC¢m¢nl 1 personnel; entl (vlg Every veglcle owner or operator lnvolvetl In the ' sale or provision of lootl protlucis of any kind within the . ~~ Clly shall obtain and OOenly display a healN cenificete _~~ _,.......me.r~o.nnnalas.000nIV.Depanmenl Of Health On