HomeMy WebLinkAboutItem 2b: Adopt Ordinance No. 2303 regarding Mobile Food Vending in public right-of-way.F 0
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DATE: November 6, 2012
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director -k-'-_
SUBJECT. ADOPTION OF ORDINANCE NO, 2303 AMENDING VARIOUS
SECTIONS OF ARTICLE 111, CHAPTER 2 OF THE ARCADIA MUNICIPAL
CODE REGARDING MOBILE FOOD VENDING IN THE PUBLIC RIGHT-
OF-WAY
Recommendation: Adopt Ordinance No. 2303
Mobile Food Vending
L)ndinunwo Nn. 2303
November 6, 2O12— Page 2 of
City Manager
Attachments: Ordinance No. 2303
October 16 Staff Report
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF ARTICLE III, CHAPTER 2 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
SECTION 1. The Arcadia City Council hereby finds as followl
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
B. The City of Arcadia has very popular commercial districts as well as a largc
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 leat'l-
to vehicular and pedestrian congestion throughout Arcadia's commercial areal
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 betweet
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D. The City' has an important interest in providing regulations to prevent safety,
traJic, and health hazards, as well as to preserve the health, safety, and welfare of the
community.
ill of the Arcadia Municipal Code are hereby amended to read in their entirety as
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No person shall by any means engage or, participate in the business or practice
(A) From any vehicle in the public right-of-way; •
(B)
• any person or persons who are within • upon any vehicle in the public
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This section is adopted pursuant to the authority granted to the City by Section
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type of vending and the time, place, and manner of vending from vehicles upon thM
right-of-way in order to promote public safety.
A. Mobile Food Vendor: A person or business that operates or assists in ft.-
B. Vending Vehicle: Any self-propelled, motorized device • vehicle by which
any person or property may be propelled or moved upon a right-of-way, excepting a
4evice moved exclusively by human power, or which may be drawn or towed by a self-
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displayed, bartered, exchanged, • otherwise given,
Notwithstanding the restrictions set forth in Section 3233 • this Division, a
mobile food vendor may locate its vehicle in the public right-of-way as long as t6l
A. The vending vehicle is in full compliance with all parking and California
1. 1-he vending vehicle does not obstruct pedestrian or vehicular traffic in any
C. The mobile food vendor must present, upon request, evidence of I
�ut is not limited to, written permission from a private business owner for use of the
business's toilet and hand washing facility, a printed • electronic map showing the
location of a compliant public toilet and hand washing facility, or similar documentER
evidence of compliance.
#. 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,
2. Within twenty-five (25) feet of any street intersection controlled by a
3. Within twenty-five (25) feet of a bus stop.
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4. Within three hundred (300) feet of the nearest property line of any
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food vendor shall carry a refuse receptacle on board at all times and must remove litt(@
F. The mobile food vendor shall not discharge any liq
oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities. All
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G. Vending is prohibited on the exposed street and/or traffic side of the
vending vehicle.
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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 thit
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 reasonab4
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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 el
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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 I
the possession of the mobile food vendor at all times during which it operates within t[I
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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
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shall cause a copy of same to be published at least once in the official newspaper of
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Passed, approved and adopted this --- day of _ )2012.
FRINIAM
Stephen P. Deitsch
City Attorney
ON
Development Services Department
DATE: October 16, 2012
Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director--57X
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Evelyn Castaneda, Administrative Assistan
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:
Ordinance No. 2303
October 16, 2012
Page 2 of 5
(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.
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.
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, restr•om 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 th-
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
A istance • an available toilet and hand washing facility if parked for more than
one hour.
E, The operator shall keep the vending area litter free. The operator must remove
litter caused • their products off • 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, A 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
,d. The operator shall be subject to the City noise standards
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).
WaffiAmal
There is no clear method of estimating fiscal impact. Although there will be addition
business license taxes and other fees obtained by the City as a result of addition
Mobile Food Vendors within the City, the cost of additional regulation is viewed as
offset to these fees. Sales taxes from goods sold by vendors within the City are typical
released into the County pool so there is not a clear fiscal benefit to be calculated. I
Ordinance No, 23O3
October 10.2O12
Page 5 of 5
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,
City Manager
Attachments