HomeMy Public PortalAboutOrd. 1271
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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
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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;
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(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
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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
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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
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INTENT:
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City Mijnager
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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