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HomeMy WebLinkAboutCC ORD 1999-2168ORDINANCE NO. 99- 2168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE BY AMENDING TITLE 6 BY REPEALING CHAPTERS 6.46, 6.48 AND 6.56 REGARDING BUSINESS LICENSES AND REGULATIONS; AMENDING TITLE 7, CHAPTERS 7.20 AND 7.28 REGARDING PROPERTY CONSERVATION AND COMMUNITY APPEARANCE; AMENDING TITLE 9, CHAPTER 9.06 REGARDING FOOD VENDING VEHICLES; AMENDING TITLE 10, CHAPTER 10.22 REGARDING PUBLIC PEACE, MORALS AND SAFETY; AND TITLE 11, CHAPTER 11.32 REGARDING VEHICLES AND TRAFFIC BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 6 is amended by repealing Chapters 6.46 (Handbills), 6.48 (Peddlers and Solicitors), and 6.56 (Peddlers). Section 2. That Title 7, Chapter 7.20 is amended by repealing Sections 7.20.070 (itinerant vendors, peddlers and solicitors) and 7.20.075 (outdoor display of goods prohibited). Section 3. That Title 7, Chapter 7.28 is amended by repealing Sections 7.28.020, 7.8.030 and 7.28.040, and amending Sections 7.28.010, 7.28.050 and 7.28.060 to read as follows: 7.28.010 Definitions. The term "handbill" used in this Chapter 7.28 means any material of paper, cloth or similar lightweight fabric upon which printed material or graphics, or both, is placed. The term "handbill" includes objects commonly known as posters, billposters, "dodgers," circulars, leaflets and the like, which are typically used to provide information or advertise an event or sale. It does not include any medium regulated by Chapter 18.62. 7.28.020 [Reserved] 7.28.030 [Reserved] 7.28.040 [Reserved] 7.28.050 Handbill --restrictions. A. Except as provided in Section 7.28.050B, it is unlawful to post, paste, staple, nail, stamp or otherwise affix a handbill to or to paint any message upon any sidewalk, street, street tree, utility pole or box, hydrant, trash receptacle, bus or public bench, any other public property or building, or upon the side of any building which abuts a public right-of-way. B. The prohibitions of Section 7.28.050A do not apply to public safety or traffic safety signs, or to identification data or identification tags placed by an owner or a public agency upon property it owns or controls, or to signs lawfully posted on private property in conformity with Title 18 of this code. C. The restrictions of Section 7.28.050A are equally applicable to the placement or distribution of handbills on private property by persons other than the owner of the property. Handbills deposited on private property shall be weighted down or so placed so as to prevent being blown about by wind. D. Handbill distributors shall not enter upon property that is posted against solicitors or peddlers, and shall leave other property promptly upon the request of the owner, agent or occupant of that property. E. Nothing contained in this section shall be deemed to supersede or modify the requirements of Chapter 18.62 regulating outdoor sign displays. 7.28.60 Removal and costs required. Handbills posted in violation of Section 7.28.050A are subject to summary removal by the owner of the affected object, property or structure upon which the handbill is affixed, or by the City Manager or designee. The costs of removal may be assessed in accordance with law against the party responsible for the violation. It shall be rebuttably presumed that any person, principal or organization whose message is displayed on the handbill or which benefits from the message displayed upon the handbill is the party responsible for the costs of removal. Section 4. That Title 9, Chapter 9.06 is amended by amending Section 9.06.030 to read as follows: 9.06.030 Food vending vehicles --parking and stopping regulations. A. It is unlawful to stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling, giving away, displaying or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales, not to exceed ten minutes at that location or at any immediately succeeding location which is within 300 feet of the former location where the vendor completed the immediate last transaction. B. It is unlawful to stop, park or cause any food vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any food or beverage product from a food vending vehicle while on any public property. C. It is unlawful to stop, park or cause a food vending vehicle to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property or his agents, customers or employees. Section 5. That Chapter 10.22 is amended by amending the heading, the table of contents and Sections 10.22.010, 10.22.020, 10.22.030 and 10.22.040, and adding Sections 10.22.005, 10.22.025, 10.22.045, 10.22.050, 10.22.060, 10.22.070 and 10.22.080, all to read as follows: 1999 Ordinance 2 Titles 6, 7, 10 and 11 Chapter 10.22 SALES ACTIVITY AND SOLICITATION FROM OR AFFECTING VEHICLES, TRAFFIC, PUBLIC PROPERTY AND AREAS, AND COMMERCIAL PARKING AREAS Sections: 10.22.005 Purpose and intent 10.22.010 Definitions 10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in public right-of-way 10.22.025 Sale of newspapers upon public sidewalks, rights -of -ways and public property --regulated 10.22.030 Prohibition of solicitation in unauthorized locations within commercial parking areas 10.22.040 Sale of merchandise upon public sidewalks, right-of-ways and public property --prohibited 10.22.045 Vending from vehicles on public streets or private property --regulated 10.22.050 Vending from pushcarts --regulated 10.22.060 Door to door solicitors and advertising --regulated 10.22.070 Violation --penalty 10.22.080 Enforcement 10.22.005 Purpose and intent. The City Council finds and determines that in order to protect the public health, welfare and safety, promote the orderly and safe flow of traffic, enhance pedestrian safety, and maintain community aesthetics, it is appropriate to regulate certain types of public vending and solicitation activities. The objective is to improve public safety and eliminate hazards to pedestrians and vehicles. The City Council therefore enacts the regulations of this Chapter 10.22 in an organized, comprehensive, content -neutral "time, place, manner," fashion, in order to promote and obtain those goals and objectives. 10.22.010 Definitions. For the purposes of this chapter 10.22, the following meanings shall apply: A. "Solicit" or "solicitation" means an act by which the availability of goods, labor, services, money, merchandise or similar mediums of commerce, barter or exchange is made known to, or is requested of or from, other persons. It can include words, physical gestures, or passive or animated displays upon or through which a message is displayed. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed or an exchange takes place. B. "Employment" means and includes services, industry or labor performed by a person for wages or other compensation under any contract of hire, written, oral, express or implied. C. "Merchandise" means any tangible object of nominal or value greater than one cent ($.01), including but not limited to food, goods, flowers, beverages or iced flavors, but excluding "newspapers" defined in Subsection D. 1999 Ordinance 3 Titles 6, 7, 10 and 11 D. "Newspapers" means and includes any journal, newspaper of general or limited circulation, periodical, magazine or other multi -page printed material that is not a "handbill" or part of the graphics on a container. E. "Pushcart" means any non -self-propelled wagon or platform on wheels, including a bicycle or tricycle, which is not required to be registered under the California Vehicle Code. F. "Solicitor" or "attendant" means an employee or agent of a principal, or the principal, who solicits or sells as defined in this section. G. "Handbill" means any material of paper or similar lightweight material typically of a single page used to advertise an event or sale, which is capable of being blown about by the elements if not securely fastened. H. "Commercial parking area" means privately owned property designed or used primarily for the parking of vehicles, which adjoins one or more shopping centers, malls, or commercial establishments. It excludes the parking area of a "modest retail establishment." I. "Shopping center," as defined in Section 18.04.596 and as used in this Chapter 10.22, means a group of commercial establishments planned and developed, owned or managed as a unit, and related in location, size, and type of shops to the trade area which the unit serves with off-street parking and loading provided on the property. Typically, shopping centers may include but are not limited to a combination or complex of grocery, drug, mercantile, restaurant and similar shops and retail establishments which cater to the public at large. They can be characterized as a shopping area which members of the public at large may frequent, without an apparent specific purpose or intent to purchase specific goods or services from a predetermined supplier or purveyor. "Shopping center" excludes a "modest retail establishment". J. "Modest retail establishment" means a commercial parcel of less than 20,000 square feet in area which consists of and is used primarily for medical, dental, office, banking or similar professional suites and services or for specific retail services, and the parking areas of which are intended for and restricted to the tenants, employees and specific clientele of those businesses --and not the public at large. 10.22.020 Prohibition of solicitation, distribution or sales affecting vehicles in public right-of-way. A. It is unlawful for any person, while standing in any portion of the public right- of-way, including but not limited to public streets, sidewalks and driveways, to solicit or attempt to solicit from, or to sell, distribute or attempt to sell or distribute merchandise, newspapers or handbills to any person traveling in a vehicle along a public right -of way. B. It is unlawful for any person, while traveling as the occupant or driver of any vehicle, to solicit or attempt to solicit from, or to sell, buy, distribute or attempt to sell to or buy or distribute merchandise, handbills or newspapers from any person who is within the public right-of-way, including but not limited to a public street, sidewalk, or driveway. 10.22.025 Sale or distribution of newspapers upon public sidewalks, rights -of -ways and public property --regulated. A. It is unlawful for an itinerant vendor to sell or distribute newspapers from any portion of a street or from the median separating opposing lanes of vehicular traffic. B. The sale or distribution of newspapers to pedestrians by itinerant vendors upon public sidewalks, public property (other than streets or medians separating opposing lines of vehicular traffic) or public parks is not regulated or prohibited by this chapter 10.22. 1999 Ordinance 4 Titles 6, 7, 10 and 11 C. Stationary newsracks that display only newspapers for sale may be located upon public sidewalks without a permit provided the following rules regarding placement are observed: 1. The newsrack contains the name, date of installation, address, and phone number of the person or entity responsible for its distribution, maintenance and refund of coinage; 2. The sponsoring entity provides a certificate of insurance to the City Engineer certifying that the sponsor has a minimum one million dollars ($1,000,000) of comprehensive general liability insurance in effect covering the installation. 3. Dimensions, Positioning and Condition: a. The newsrack does not exceed a maximum dimension of 60 inches in height, 30 inches in width and 24 inches in depth; b. Newsracks may be placed next to each other, provided that no group containing more than five (5) newsracks shall be placed along a curb. c. The edges of the newsrack shall be designed to avoid injury or danger to sight disabled or wheelchair users. d. The newsrack may be affixed to the sidewalk by means of removable mounting bolts or fasteners; e. No newsrack will be chained, bolted, or otherwise attached to any fixture in the public right-of-way; f. The newsrack is kept painted, free of graffiti, handbills, rust and corrosion and in an operable condition at all times. 4. Content: a. Any newsrack containing printed material which openly displays "specific anatomical areas", as defined in Section 18.69.020, shall be covered with an opaque material (or blinder rack) to obscure public display of the specified anatomical areas; b. Except when located in an area that excludes minors, any newsrack containing "harmful matter" defined by Penal Code Section 313 shall be attended by an adult, in order to prevent a sale or display to a minor in violation of Penal Code Section 313.1. 5. Location: a. The newsrack is not located in front of any display window or the door of a building abutting a sidewalk; b. No portion of the newsrack projects into a distance of eighteen inches measured from the edge of the curb line, nor less than six inches (6") from any building; c. The clear unobstructed path of travel on the adjacent sidewalk is not less than four (4) feet measured horizontally, perpendicular to the curb line or street line, from the closest projecting edge of the newsrack to an opposing building, structure or utility cabinet or poles; d. The newsrack is not within one hundred (100) feet of any other newsrack on the same side of the street in the same block containing the same publication; e. The newsrack is not located on one side of a sidewalk directly opposite another newsrack; f. The newsrack is not within five (5) feet of a disabled person's parking space (curb painted blue) in accordance with the California Vehicle Code Section 21458; g. The newsrack is not within five (5) feet of any marked crosswalk, or within ten (10) feet of any curb return; 1999 Ordinance 5 Titles 6, 7, 10 and 11 opening; h. The newsrack is not within five (5) feet of any driveway top curb i. The newsrack is not within five (5) feet ahead of or fifteen (15) feet to the rear of a bus -stop sign, or within five (5) feet of the edge of a bus bench; j. The newsrack is not within five (5) feet of a fire hydrant, or within the intersections of sidewalks. k. A newsrack may be mounted on a removable concrete slab on any portion of unimproved public right-of-way behind a sidewalk's furthest edge from the curb in order to observe the restriction of this Section 10.22.025(C)(5). The slab shall be of minimum dimensions of 24 x 30 inches horizontally and 4 inches in thickness. The slab must be removed when the newsrack is removed. D. Newsracks that do not comply with Section 10.22.025C shall not be installed on public sidewalks or the adjoining parkway except upon the issuance of an encroachment permit by the City Engineer, who will be the enforcement and administration authority for this section. The permit application form will be as developed by the City Engineer. The permit fee will be as established in the National City Fee Schedule. No newsrack may be installed on other public property without an encroachment permit. An encroachment permit will not be issued if the proposed placement presents a fair risk of injury to persons or an adverse impact upon public convenience and safety, or if the placement hinders the reasonable use of the public right-of-way. E. It is unlawful to remove a newsrack for more than 72 hours unless the sidewalk or curb is restored to original condition, and all mounting holes filled in or mounted bolts are ground flush to the sidewalk surface. F. Newsracks that are installed without a permit and which do not comply with Section 10.22.025C are subject to summary removal and impound storage at the expense of the exhibitor. G. The City Manager or designate may relocate a newsrack temporarily when public work is necessary at the location. The costs of relocation and reinstallation shall be borne by the owner or permitee, which shall be a condition to the issuance of any encroachment permit or placement without a permit under this section. H. Operators of existing newsracks shall be allowed a grace period of ninety (90) days following adoption of this section in which to comply with the requirements of this Section 10.22.025. I. Allowing a newsrack to remain empty for a period of 30 consecutive days establishes a rebuttable presumption of abandonment and provides a basis for removal or revocation of the encroachment permit. The City Engineer shall communicate to the newsrack operator in writing giving advance notice of action proposed under this section. J. A permittee or applicant may appeal to the City Manager any action taken by the City Engineer in enforcement of this section by filing with the City Manager a statement within two (2) working days of such action setting forth grounds for the appeal. The City Manager may affirm, overrule, or modify the action of the City Engineer. Notice of such action will be given to the applicant in person or in writing. Similarly, any action taken by the City Manager may be appealed to the City Council by filing a statement with the City Clerk within five (5) calendar days after receipt of the written notice. 1999 Ordinance 6 Titles 6, 7, 10 and 11 10.22.030 Prohibition of solicitation in unauthorized locations within commercial parking areas. A. It is unlawful to solicit or attempt to solicit within a commercial parking area, except within an area authorized by the property owner for solicitation. This section shall not be construed to apply to solicitation to perform employment or business for the owner or lawful tenants of the subject premises. B. This section shall only apply to commercial parking areas where the following exists: 1. The owner of the commercial parking area has established a written policy which provides area(s) for lawful solicitation in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises; 2. A copy of the policy has been submitted to the city manager to be maintained in city files; and 3. The owner of the commercial parking area has posted a notice in a conspicuous place at each entrance to the commercial parking area of not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form: It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot that are not approved for such activity by the property owner. C. Where the commercial parking area is part of a modest retail establishment, the proscriptions of Section 10.22.030A shall apply without the need for compliance with the requirements of Section 10.22.030B 10.22.040 Sale of merchandise upon public sidewalks, rights -of -ways and public property --prohibited. A. Except upon the issuance of a permit issued pursuant to Chapter 15.60 or as provided in Section 10.22.040(B), it is unlawful to sell or display any merchandise upon or within a public sidewalk or right-of-way, any public park or any other public property. B. The display of merchandise, whether with or without graphics or lettering, or both, by an organization or an attendant or solicitor on behalf of an organization as part of its first amend- ment protected expressive activity will not violate Section 10.22.040(A) as merchandise displayed for sale, provided all the following apply: 1. At least one sign with a minimum dimension of twelve by eighteen inches (12" x 18") is prominently displayed at the center of the display site bearing language in English in letters of at least 1/2 inch in height that announces the following: "All merchandise on display is available for a donation in an amount of the donor's choice." To be prominently displayed, the sign must be at an eye level of between a minimum of three (3) feet to a maximum of six (6) feet and be clearly visible in its entirety from the sidewalk or right- of-way from a distance of at least ten feet (10') to any prospective donor or passerby. 2. All other signs at the site of display are restricted to a maximum size of twelve inches by eighteen inches (12" x 18") each. 1999 Ordinance 7 Titles 6, 7, 10 and 11 C. It is unlawful and a misdemeanor for a solicitor or attendant to refuse to deliver merchandise to a donor who has made a voluntary contribution for merchandise which is displayed under Section 10.22.040B by an organization which has posted the sign required by Section 10.22. 040B(1). 10.22.045 Vending from vehicles on public streets or private property --regulated. A. It is unlawful to sell from or display merchandise for sale or lease upon vehicles upon public streets except when fully stopped upon the request of a customer, and then only for the period of time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that location or at any immediately succeeding location which is within 300 feet of the former location where the vendor completed the immediate last transaction. B. Except as provided in Section 10.22.045C, it is unlawful to stop or park any vehicle upon private property upon or from which merchandise is sold, displayed or offered for sale or lease where the sale or display of the merchandise itself would violate the zoning restrictions of Title 18 of this code applicable to the property without regard to the use of the vehicle as a means of display. C. With the permission of the owner or lessee of developed private property, sales of merchandise from vehicles by a vendor properly licensed pursuant to Chapter 6.04 may be made to that owner's or lessee's tenants and employees. D. The provisions of Chapter 9.06 pertaining to health and sanitation are applicable to the vending and display of food products, including ice cream, from vehicles. 10.22.050 Vending from pushcarts --regulated. A. It is unlawful to sell merchandise from a pushcart except pursuant to a permit issued by the City Council. An identifying decal issued by the Finance Director shall be affixed to each licensed pushcart. Each pushcart shall have the name, address and telephone number of the operator visibly printed on at least one side of the puschcart using lettering of a minimum of one -inch (1") in height. No decal shall be issued until the Finance Director or his/her designee confirms satisfaction of this requirement through inspection. B. Sales of merchandise from pushcarts shall be conducted according to the following regulations: 1. Food and beverage products offered for sale from a pushcart must be stored and maintained, and, when applicable, refrigerated, in accordance with the health and sanitation regulations contained in Chapter 9.06 of this Code and the regulatory codes of the County of San Diego. 2. The original, if as a sole proprietor, or a photo copy if as an employee, of the pushcart permit and a current business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person while conducting the business of sales of merchandise. 3. An employee shall carry a letter of identification from the employer authorizing the employee to represent the employer and possesses the photocopy described in Section 10.22.050(B)(2). 4. A photo identification card, such as a driver's license or other means of identification, shall be carried on the person for verification of subsections B 1 and B2. 5. Merchandise shall not be sold from or displayed on a pushcart on streets, sidewalks, or other public property. Sales shall only be made upon the request of a customer and only for the time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that location or at any immediately succeeding location which is within 300 feet of the former location where the vendor completed the immediate last transaction. 1999 Ordinance 8 Titles 6, 7, 10 and 11 C. Sales on private property shall be made only at the express request of the owner or lessee of that property. D. Violations of this section shall be an infraction for the first offense, and a misdemeanor thereafter. 10.22.060 Door to door solicitors and sales --regulated. It is unlawful for any person conducting business by commercial door to door solicitation or sales of merchandise to fail to observe the following requirements: A. The original, if as a sole proprietor, or a photo copy if as an employee, of a current business tax license issued pursuant to Chapter 6.04 of this code shall be carried on the person. B. Each employee shall carry a letter of identification from the employer authorizing the employee to represent the employer and possesses the photocopy described in Section 10.22.060(A). C. A photo identification card, such as a drivers license or other means of identification, shall be carried on the person for verification of subsections A and B. D. Entry upon private property that is clearly posted against trespassing, solicitation or peddling is prohibited. E. Sales or display of merchandise upon public sidewalks is prohibited. F. Sales of merchandise which requires refrigeration, including eggs, is prohibited. G. Handbills must be placed so as to prevent being blown away by the elements as H. Vendors shall not remain on private property any longer than one minute, or the time actually necessary to consummate a sale of merchandise, whichever is greater. I. Vendors must immediately leave private property upon request of the property owner or agent. litter. 10.22.070 Violation --penalty. Any person violating any provision of this chapter is guilty of an infraction for a first offense with a fine not to exceed $150, or a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment, for a second or subsequent offense. 10.22.080 Enforcement. A. Non-perishable merchandise vended or displayed in violation of this Chapter 10.22 is subject to impoundment as evidence, and a receipt shall be provided to the vendor following citation and impoundment. B. The provisions of this Chapter 10.22 may be enforced by any police officer, any Code Conformance Officer, or any other official authorized to enforce any other provision of the municipal code. as follows: Section 6. That Chapter 11.32 is amended by amending Section 11.32.150 to read 11.32.150 Unlawful parking --vending by vehicle. A. It is unlawful to park or stop a vehicle upon which merchandise is displayed or offered for sale or lease, upon any street, except upon the request of a purchaser and then only for the actual time necessary to consummate a sale, not to exceed a total of ten (10) minutes at that location or at any immediately succeeding location that is within 300 feet of the former location where the vendor completed the immediate last transaction. 1999 Ordinance 9 Titles 6, 7, 10 and 11 B. The pick-up or delivery of merchandise is not regulated or made unlawful by this Section 11.32.150. C. The parking of a vehicle upon which merchandise is transported but is not being displayed or offered for sale is not made unlawful by this Section 11.32.150, provided the vehicle is otherwise lawfully parked. D. As used in this section, "merchandise" is as defined in Section 10.22.010C. Section 7. Constitutional severability. The City Council declares that the judicially declared invalidity of any section or portion of this ordinance or the chapters or sections of chapters thereby adopted shall not affect the validity of any other remaining section or portion; that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be severed or judicially interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or be judicially interpreted and, as interpreted, be applied so as to give full purpose, meaning and effect to the remaining provisions of this ordinance. PASSED and ADOPTED this 26th day of October , 1999. l.YC.a.lcl,,&z. George H. W'aters, Mayor AT'1'EST: Dalla , Ci Clerk APPROVED AS TO FORM: /3 geog, it Mich el R. George H. Biser, III City Attorney 1999 Ordinance 10 Titles 6, 7, 10 and 11 Passed and adopted by the Council of the City of National City, California, on October 26, 1999, by the following vote, to -wit: Ayes: Councilmembers Beauchamp, Inzunza, Morrison, Soto, Waters. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California f� City lerk of the City ty/of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the day of its introduction and the day of its final passage, to wit, on October 5, 1999, and on October 26, 1999. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 99-2168 of the City Council of the City of National City, passed and adopted by the Council of said City on October 26, 1999. City Clerk of the City of National City, California By: Deputy