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HomeMy WebLinkAbout2303ORDINANCE 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. 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 1 type of vending and the time, place, and manner of vending from vehicles upon the street 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 highway or street, excepting a device moved exclusively by human power, or which may be drawn or towed by a self - 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. 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. This prohibition may be waived with the written consent of such business. For purposes hereof, the term K "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. 3. Within twenty -five (25) feet of a bus stop. 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. D. The mobile food vendor shall keep the vending area litter free. The mobile food vendor 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. E. 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. F. Vending is prohibited on the exposed street and /or traffic side of the vending vehicle. G. 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. K H. 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. in commercial and industrial zones, and between 10:00 p.m. and 6:00 a.m. in residential zones. The vending vehicle shall comply with the California Vehicle Code at all times. I. 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 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. J. 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. K. All mobile food vendors' vending vehicles shall be inspected and approved by Arcadia Fire Department prior to issuance of its initial business license and from time to time thereafter in the discretion of the Arcadia Fire Department. 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 within each vending vehicle at an accessible location. All fire protection equipment shall be properly maintained and serviced at intervals required by the California Fire Code." 51 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. Passed, approved and adopted this 6th day of November It 2012. ATTEST: APPROVED AS TO FORM: n r/ Stephen P. Deitsch City Attorney 5 Mayor of City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2303 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 6th day of November, 2012 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Amundson, Kovacic, Segal, Wuo and Harbicht NOES: None ABSENT: None City jerk of the ity of Arcadia [01