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HomeMy WebLinkAboutItem 1c: Introduce Ordinance No. 2303 Mobile Food Vending in the Public Right-of-Way.MIMI DATE: October 16, 2012 STAFF REPORT Development Services Department TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Dev lopment Services Director Evelyn Castaneda, Administrative Assistant SUBJECT: ORDINANCE NO. 2303, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE III (PUBLIC SAFETY), CHAPTER 2 (TRAFFIC REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING MOBILE FOOD VENDING IN THE PUBLIC RIGHT -OF -WAY Recommendation: Introduce Ordinance No. 2303 SUMMARY The City of Arcadia currently prohibits mobile food vending in the public right -of -way. This restriction has been in place within the Municipal Code since 1951. In recent years, as mobile food vending has become increasingly popular, the City has evaluated its ordinances on this topic and explored options for allowing mobile food vending within the right -of -way and on private property. Prior to the City bringing forward an ordinance on this topic, the City received a complaint for declaratory relief filed on behalf of the Southern California Mobile Food Vendors Association alleging that the City's prohibition is contrary to State law. Following staff's research efforts, and in reaction to this lawsuit, Ordinance No. 2303 has been drafted to provide recommended restrictions on the time, place, and manner of allowing mobile food vendors to operate in the public right -of -way. BACKGROUND Vehicle Code Section 22455 provides that local government entities cannot prohibit mobile food vending within their jurisdictions. The text of the Vehicle Code reads as follows: 22455. (a) The driver of any commercial vehicle engaged in vending upon a street may vend products on a street in a residence district only after bringing the vehicle to a complete stop and lawfully parking adjacent to the curb, consistent within the requirements of Chapter 9 (commencing with Section 22500) and local ordinances adopted pursuant thereto. Ordinance No. 2303 October 16, 2012 Page 2of5 (b) Notwithstanding subdivision (a) of Section 114315 of the Health and Safety Code or any other provision of law, a local authority may, by ordinance or resolution, adopt additional requirements for the public safety regulating the type of vending and the time, place, and manner of vending from vehicles upon any street. This section of the Vehicle Code has been in place since 1984 and was amended in 1985 and 2008. Despite this Code section, many jurisdictions, including Arcadia, currently prohibit and /or severely restrict mobile food vending (food trucks). As the popularity of food trucks has increased throughout California, lawsuits have been filed against a number of jurisdictions by groups such as the Southern California Mobile Food Vendors Association (SoCaIMFVA). In the case of Arcadia, the SoCaIMFVA made a phone call to City staff and inquired about the prohibition on mobile food vending. When the staff responded that this was the case, a lawsuit was filed rather than a letter or some other method of attempting to work with the City to meet the goals listed above. A draft Ordinance was prepared for the September 4, 2012 City Council meeting but was subsequently withdrawn from consideration on that date after a request from SoCaIMFVA representatives to discuss elements of the proposed Ordinance. The attached Ordinance has been reviewed by attorneys for the SoCaIMFVA. In the past several years, the popularity of food trucks has significantly increased. Food trucks have been part of large -scale events at Santa Anita Park, the Los Angeles County Arboretum, and at various special events (including City- sponsored events) throughout the City. In addition, the City has employed a policy of allowing food trucks on private property as long as parking requirements are met, Los Angeles County Health standards are met, a business license is obtained, and the owner of the property has consented to the placement of the food truck. However, food trucks have not been permitted in the public right -of -way. This restriction was placed in the Municipal Code largely in response to public safety concerns with street vending around Santa Anita Park. As was stated previously, the Vehicle Code allows local jurisdictions to establish restrictions on the time, place, and manner of food trucks in the right -of -way and this is the focus of Ordinance No. 2303. DISCUSSION For the past several months, the Development Services Department has been in the process of researching local jurisdictions that have recently passed or considered new ordinances on this topic. The attached Ordinance No. 2303 is largely modeled from ordinances passed in the cities of Manhattan Beach and Long Beach. Regulating the "time, place, and manner" allows for each jurisdiction to consider the public safety and community impacts of allowing food trucks in the right -of -way. For instance, there are issues with the placement of food trucks close to intersections, stop signs, and crosswalks with regard to visibility and traffic safety. Obstruction of vehicular and Ordinance No. 2303 October 16, 2012 Page 3 of 5 pedestrian traffic and minimizing conflicts between the two travel modes are also key considerations. This is especially true of the potential of blocking sidewalks and /or obstructing access to business entry ways. Many food trucks are very popular and have "followers" who show up when it is announced where they will be parked. This can lead to impacts such as littering, restroom deficiencies, and crowds. Conflicts with schools, noise, licensing, and public health in general are also issues that must be considered. In an attempt to address all of these issues, the following recommended restrictions with regard to mobile food vendors are proposed. A Mobile Food Vendor may locate its vehicle in the public right -of -way as long as the Mobile Food Vendor adheres to the following time, place, and manner restrictions: A. The vending vehicle is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked. B. The vending vehicle does not obstruct pedestrian or vehicular traffic in any manner. C. The Mobile Food Vendor must be in compliance with Health and Safety Code Section 114315(a), in that the facility shall be operated within 200 feet travel rr distance of an available toilet and hand washing facility if parked for more than one hour. D. No Mobile Food Vendor may operate a vehicle: 1. Within 10 feet from the outer edge of any entrance of any business during the hours that any business on the premises is open. 2. Within 25 feet of any street intersection controlled by a traffic light, crosswalk, or stop sign. 3. Within 25 feet of a bus stop. 4. Within 300 feet of the nearest property line of any property in which a public school building is located between the hours of 7:00 a.m. and 5:00 p.m. of any school day. This requirement may be waived for permitted special events or through written permission from the School District. E. The operator shall keep the vending area litter free. The operator must remove litter caused by their products off of any public property and private property within a 25 foot radius and must carry a refuse receptacle. F. The operator shall not discharge any liquid (e.g. water, grease, oil, etc.) to City streets. All discharges shall be contained and properly disposed of by the operator. G. Vending is prohibited on the exposed street and /or traffic side of the vending vehicle. Ordinance No. 2303 October 16, 2012 Page 4 of 5 H. The operator shall be subject to the City noise standards. I. A Mobile Food Vendor may not stand or park between the hours of 12:00 a.m. and 6:00 a.m. The vehicle shall comply with the California Vehicle Code at all times. J. The Mobile Food Vendor must have a valid business license from the City. As part of the business license, the Mobile Food Vendor shall furnish to the City evidence of insurance against liability for injury to any person as the result of ownership, operation or use thereof of all vending vehicles. K. The Mobile Food Vendor must have a valid permit or certificate from the Los Angeles County Department of Health. All required County Health permits must be in the possession of the Mobile Food Vendor during all operations within the City. L. All new vendors shall be inspected by the Arcadia Fire Department prior to issuance of a business license. At a minimum; all cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system; a Class K fire extinguisher shall be provided at an accessible location; and all fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code. The proposed regulations allow mobile food vending while regulating the time, place, and manner of operation to protect public health and safety. In addition, the proposed regulations address the concerns raised in the lawsuit filed by the SoCaIMFVA. In developing this list of regulations, the City received input and feedback from the Arcadia Chamber of Commerce and the Arcadia Unified School District. Comments and concerns from each of these groups have been addressed in the proposed Ordinance. Some members of the Chamber of Commerce have provided comments to the Chamber that have called for much larger separation requirements between Mobile Food Vendors and businesses than what is proposed (10') and /or restrictions on certain areas of the City where mobile food vending should not be allowed at all (i.e. the Downtown Arcadia Zoning Districts). FISCAL IMPACT There is no clear method of estimating fiscal impact. Although there will be additional business license taxes and other fees obtained by the City as a result of additional Mobile Food Vendors within the City, the cost of additional regulation is viewed as an offset to these fees. Sales taxes from goods sold by vendors within the City are typically released into the County pool so there is not a clear fiscal benefit to be calculated. Ordinance No. 2303 October 16, 2012 Page 5 of 5 RECOMMENDATION INTRODUCE ORDINANCE NO. 2303, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE III (PUBLIC SAFETY), CHAPTER 2 (TRAFFIC REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING MOBILE FOOD VENDING IN THE PUBLIC RIGHT -OF -WAY. APPROVED BY: Dominic La to City Manager Attachments Ordinance No. 2303 m M - - THIS PAGE INTENTIONALLY BLANK - - Vd ORDINANCE NO. 2303 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE III (PUBLIC SAFETY), CHAPTER 2 (TRAFFIC REGULATIONS) OF THE ARCADIA MUNICIPAL CODE REGARDING MOBILE FOOD VENDING IN THE PUBLIC RIGHT -OF -WAY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia City Council hereby finds as follows: A. The California Vehicle Code Section 22445 allows municipalities to regulate mobile food vending in order to protect public safety and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate in furtherance of public health and welfare. B. The City of Arcadia has very popular commercial districts as well as a large regional mall, popular entertainment venues such as Santa Anita Park and the Los Angeles County Arboretum, and a major regional arterial road system, all of which lead to vehicular and pedestrian congestion throughout Arcadia's commercial areas. C. Mobile food vendors create the potential for additional safety hazards, such as blocking sight lines at intersections and crosswalks, encouraging pedestrians to cross streets mid -block to reach a vending vehicle, and causing additional conflicts between drivers and pedestrians. D. The City has an important interest in providing regulations to prevent safety, traffic, and health hazards, as well as to preserve the health, safety, and welfare of the community. om SECTION 2. Sections 3233 and 3234 of Division 3, Part 3, Chapter 2 of Article III of the Arcadia Municipal Code are hereby amended to read in their entirety as follows: "3233. SELLING AND DISTRIBUTING ON STREETS RESTRICTED. No person shall by any means engage or participate in the business or practice of disseminating, distributing, passing out, giving out, handing out, selling, offering for sale or soliciting for the sale of any sheet, dodger, handbill, circular, letter, booklet, newspaper or any other printed, typewritten, mimeographed or written matter of any kind, or any goods, wares, merchandise or commodity of any kind whatsoever: (A) From any vehicle in the public right -of -way; or (B) To any person or persons who are within or upon any vehicle in the public right -of -way, unless said vehicle is lawfully parked. 3234. MOBILE FOOD VENDORS IN THE PUBLIC RIGHT -OF -WAY. This section is adopted pursuant to the authority granted to the City by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place, and manner of vending from vehicles upon the right -of -way in order to promote public safety. 3234.1 DEFINITIONS. A. Mobile Food Vendor: A person or business that operates or assists in the operation of a vending vehicle. B. Vending Vehicle: Any self - propelled, motorized device or vehicle by which any person or property may be propelled or moved upon a right -of -way, excepting a device moved exclusively by human power, or which may be drawn or towed by a self- 2 propelled, motorized vehicle, from which food or food products are sold, offered for sale, displayed, bartered, exchanged, or otherwise given. 3234.2 REGULATIONS. Notwithstanding the restrictions set forth in Section 3233 of this Division, a mobile food vendor may locate its vehicle in the public right -of -way as long as the mobile food vendor adheres to the following time, place, and manner restrictions: A. The vending vehicle is in full compliance with all parking and California Vehicle Code provisions which apply to the location at which it is parked. B. The vending vehicle does not obstruct pedestrian or vehicular traffic in any manner. C. The mobile food vendor must present, upon request, evidence of compliance with Health & Safety Code Section 114315(a). Such evidence may include, r but is not limited to, written permission from a private business owner for use of the business's toilet and hand washing facility, a printed or electronic map showing the location of a compliant public toilet and hand washing facility, or similar documented evidence of compliance. D. No mobile food vendor may operate a vending vehicle: 1. Within ten (10) feet from the outer edge of any entrance of any business during the hours that such business is open to the public. For purposes hereof, the term "entrance" includes but is not limited to doors, vestibules, driveways, outdoor dining area entries, and emergency exits. 2. Within twenty -five (25) feet of any street intersection controlled by a traffic light, crosswalk, or stop sign. IiAw 3. Within twenty -five (25) feet of a bus stop. 3 4. Within three hundred (300) feet of the nearest property line of any property in which a public school building is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day. For purposes of this Section, "public school" shall be defined as a school governed or operated by a unified school district or other similar public entity. This prohibition may be waived for special events for which the City issues a permit, or by written permission of the Arcadia Unified School District or any other entity which operates the applicable school. E. The mobile food vendor shall keep the vending area litter free. The mobile food vendor shall carry a refuse receptacle on board at all times and must remove litter caused by its products from any public and private property within a twenty five (25) foot radius of the vending vehicle's location. F. The mobile food vendor shall not discharge any liquid (e.g. water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food vendor. G. Vending is prohibited on the exposed street and /or traffic side of the vending vehicle. H. The mobile food vendor shall be subject to the noise provisions set forth in Section 6613.19 and Section 4610, et seq. of the Arcadia Municipal Code. I. A vending vehicle may not stand or park in the public right of way between the hours of 12:00 a.m. and 6:00 a.m. The vending vehicle shall comply with the California Vehicle Code at all times. J. The mobile food vendor must have a valid business license issued by the City. As part of its application for a business license, the mobile food vendor shall furnish to the City evidence of insurance, as deemed acceptable in the reasonable 0 discretion of the City, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles. The City shall be included as an additional insured for all mobile food vendors. K. The mobile food vendor must have a valid permit issued by the Los Angeles County Department of Health. All required County Health permits must be in the possession of the mobile food vendor at all times during which it operates within the City. L. All mobile food vendors' vending vehicles shall be inspected by the Arcadia Fire Department prior to issuance of a business license. At all times of operation, all cooking equipment producing grease laden vapors shall be protected by a UL 300 listed automatic fire extinguishing system (at a minimum) and a Class K fire extinguisher shall be provided within each vending vehicle at an accessible location. All w fire protection equipment shall be properly maintained and serviced at intervals required M by the California Fire Code." SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31S) day after its adoption. [SIGNATURES ON THE NEXT PAGE] �i Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney R Mayor of City of Arcadia 2012.