HomeMy WebLinkAboutOrdinances_2860 ORDINANCE NO 2860
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8 27 TO THE
REDLANDS MUNICIPAL CODE RELATING TO FOOD SHARING EVENTS
WHEREAS, outdoor food sharing events take place on City-owned property, and a number
of people served are homeless, but many are also people with very limited economic means who
are housed and who are able to avoid homelessness in part by accessing food from these events,
and
WHEREAS, individuals and organizations currently engage In the distribution of food to
those in need without having to obtain permits or operate under regulations that control the manner
in which food is prepared, stored,transported, or served, and
WHEREAS, City departments have been called to address public nuisance and other illegal
behavior, clean-up human waste, litter, trash and other debris left over from the food sharing
events, and
WHEREAS, these activities often result in the deterioration of the condition of public
property and the overall quality of life in Redlands, and
WHEREAS, the parks in Redlands are urban pocket parks with limited space to
accommodate these types of events and also allow for normal use by the public,
THE CITY COUNCIL OF THE CITY OF REDLANDS does ordain as follows
Section 1 Chapter 8 27, entitled "Food Sharing Events," is hereby added to the
Redlands Municipal Code to read as follows
"Chapter 8 27
FOOD SHARING EVENTS
8.27.010 Purpose.
8 27 020 Defmitions
8.27.030 Permit Required.
8 27 040 Permit Application Procedure
8.27.050 Event Regulations.
8 27 060 Basis for Denvin2 Permit
8 27 070 Revocation of Permits
8.27.080 Administrative Appeals
8.27.090 Administrative Appeal Hearing Procedure
8.27.100 Exemptions.
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8 27 010 Purpose The purpose of this Chapter is to protect public health, safety and
welfare by requiring all persons or organizations that sponsor, promote or engage in food sharing
events on City-awned property to obtain a permit issued by the City prior to engaging in such
activity and requiring compliance with applicable San Bernardino County regulations regarding
food preparation and distnbution, to accommodate competing interests and uses for the limited
park space when these activities take place in City parks, and to ensure that events taking place on
City-owned property are consistent with the intended pnmary uses of the property
8 27 020 Definitions For the purpose of this Chapter, certain words and phrases are
defined, and certain provisions shall be construed as herein set out,unless it shall be apparent from
their content that a different meaning is intended
A "City-owned property" includes municipal parking lots, municipal parking
structures, public sidewalks, public rights-of-way and City parks
B "City Park" means the City Hall Plaza and any public park or open space
within City limits City Hall Plaza includes the pathways, green space and
rights-of-way located on the property bounded by Citrus Street to the North,
Sixth Street to the East, Capon Street to the West, and Vine Street to the
South
C "Food sharing event" means a non-social gathering that is planned,
organized, promoted or advertised where food is distributed or offered for
charitable purposes at no cost, or for a nominal charge, to any member of
the public
8 27 030 Permit Reauired It is unlawful for any individual or organization to sponsor,
promote or engage in a food sharing event on City-owned property in violation of the provisions
of this Chapter Any enforcement officer identified in Chapter 124 of this Code may issue an
administrative citation for a violation of this Chapter Enforcement officers, in order to protect
public health, safety and welfare, are authorized to order immediate discontinuance of a food
sharing event if the sponsor cannot provide proof of compliance with the county of San
Bemardmo's regulations concerning food preparation and distribution
8 27 040 Permit M-Plication Procedure Any person or organization sponsoring,
promoting or engaging in a food sharing event on City-owned property must obtain a permit issued
by the City's Quality of Life Department and comply with the following requirements
A Submit a permit application on a form provided by the City,
B Submit a permit fee in an amount established by resolution of the City
Council,
C Provide proof of compliance with all applicable county of San Bemardino
regulations relating to food preparation and distribution,
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D Provide proof of General Liability insurance with coverage limits up to
$1,000,000 per occurrence with the City of Redlands named as an additional
insured,
E Agree to indemnify, hold harmless and defend the City from claims arising
from negligent acts, omissions or reckless or willful conduct of the
Permittee or Permittee's employees, agents or volunteers related to the
Penriittee's activities pursuant to the permit,
F Provide a refundable deposit in the amount of$500 for maintenance and
cleaning costs and agree to reimburse the City for maintenance and cleaning
costs in excess of the deposit
8 27 050 Event ReLulations A Permittee must comply with the following regulations
when conducting a food sharing event
A Notify the City Manager's Office at least seventy two (72)hours prior to an
event, providing the location, date and time of the event
B Permittees shall be prepared to show proof of a valid permit issued pursuant
to this Chapter upon request by any enforcement officer of the City
C Permittees shall be prepared to show proof of compliance with all applicable
county of San Bernardino regulations relating to food preparation, handling
and distribution upon request by any enforcement officer of the City
D Permittees shall not conduct an event in a manner that prevents normal use
of public streets, sidewalks or rights-of-way
E Pernuttees shall not conduct food sharing events in any municipal parking
lot or parking structure
F Food sharing events shall not be conducted between the hours of sunset and
sunrise of the following day
G Permittees shall hold no more than one (1) event per month, regardless of
location No location will host more than one event per month
H No food sharing event shall be permitted to last more than three (3) hours
in duration
8 27 060 Basis for Denvins? Permit The City Manager or City Manager's designee shall
issue a permit pursuant to this Chapter, unless
A The applicant fails or refuses to pay the required permit fee
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B The applicant fails or refuses to sign an agreement indemnifying the City
for any claims that may arise from the Permittee's activities in relation to
the pen-nit
C The applicant fails or refuses to obtain appropriate insurance coverage for
the event
D The applicant fails to provide proof of compliance with the county of San
Bernardino's regulations applicable to food preparation, storage,
transportation, and distribution
E The applicant fails or refuses to provide the required deposit for
maintenance and cleaning costs
8 27 070 Revocation of Permits Any permit granted pursuant to the provisions of this
Chapter may be revoked by the City Manager or the City Manager's designee for any violation of
this Chapter, any applicable provision of the Redlands Municipal Code or laws and regulations of
the county of San Bernardino, or State of California Such revocation shall be made only after
written notice of the City's decision to revoke has been provided to the permit holder and upon a
hearing granted to the holder of the permit so revoked as specified in this Chapter A permit holder
may not sponsor, promote or engage in a food sharing event once written notice of the permit
revocation has been issued
8 27 080 Administrative Appeals An applicant or permit holder may appeal the denial of
a permit application,revocation of a permit, or issuance of an administrative citation by completing
a Request for Hearing form and returning it to the City within fifteen (15) days from the date of
being notified of the denial of the application, revocation of the permit, or issuance of the
administrative citation The applicant or permit holder shall be entitled to a hearing pursuant to the
provisions of this Chapter
8 27 090 Administrative Appeal Hearm�4 Procedure
A Any hearing pursuant to this Chapter shall be undertaken or held by a person
designated by the City Manager The person to whom a matter is assigned
shall be deemed a "Hearing Officer" The Hearing Officer shall not be a
City employee The employment, perforinance evaluation, compensation,
and benefits of the Hearing Officer, if any, shall not be directly or indirectly
conditioned upon the amount of fines upheld by the Hearing Officer or the
outcome of any appeal
B A hearing before the Hearing Officer shall be set for a date that is not less
than fifteen (15) and not snore than thirty (30) days from the date that the
request for hearing is filed in accordance with the provisions of this Chapter
The person requesting the hearing shall be notified of the time and place set
for the hearing at least ten(10) days prior to the date of the hearing
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C In conducting such hearings the Hearing Officer shall not be bound in the
conduct thereof by the common law or statutory rules of evidence and
procedure, but inquiry shall be made in the matter, through oral testimony
and records, which is best calculated to ascertain the substantial rights of
the public and parties The Hearing Officer shall ensure a records of the
hearing in made
D The Hearing Officer may continue the hearing and request additional
information from the parties prior to issuing a written decision
E After considering all of the testimony and evidence submitted at the hearing,
the Hearing Officer shall issue a written decision containing findings of fact
and an evaluation of the sufficiency of evidence to support the denial of an
application, revocation of a permit or finding of a violation The written
decision shall be prepared and mailed to the appellant within ten (10) days
of the conclusion of the hearing and shall list in the decision the reasons for
that decision The decision of the Hearing Officer shall be final
F If the Hearing Officer determines that an administrative citation should be
upheld, then the fine amount shall be paid to the City in accordance with
the provisions of Chapter 1 22 of the Redlands Municipal Code
G If the Hearing Officer deterinines that a denial of an application for a permit
should be reversed, the Hearing Officer's written decision shall include
direction to City staff to issue a permit consistent with the Hearing Officer's
findings
H If the Hearing Officer deterinines that a revocation of a permit should be
reversed, the Hearing Officer's written decision shall include direction to
City staff to reinstate the permit consistent with the Hearing Officer's
findings
8 27 100 ExeinDtions The provisions of this Chapter shall not apply to the City's Market
Night, to farmer's markets or events/activities where commercial food distribution takes place "
Section 2 Severability
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this
Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness
of the remaining portions of this Ordinance or any part thereof The City Council hereby declares
that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance irrespective of the fact that one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid or
ineffective To this end, the provisions of this Ordinance are declared to be severable
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Section 3 The City Council hereby determines that the adoption of this ordinance is
exempt from review under the California Environmental Quality Act ("CEQA") pursuant to State
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that such action will have a significant effect on the environment
Section 4 The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law
Paul W Foster, Mayor
ATTEST
99ne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 16th day of
January, 20118, by the following vote
AYES Councilmembers Harrison, Barich, Tejeda, Momberger, Mayor Foster
NOES None
ABSENT None
ABSTAIN None
JqgWie Donaldson, City Clerk
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