HomeMy WebLinkAboutOrdinances_2910ORDINANCE NO. 2910
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 10.34
TO THE REDLANDS MUNICIPAL CODE TO ESTABLISH REGULATIONS
GOVERNING FOOD VEHICLE VENDING
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 10.34, titled "Food Vehicle Vending" is hereby added to the
Redlands Municipal Code to read as follows:
"10.34 FOOD VEHICLE VENDING
SECTIONS:
10.34.010 Definitions
10.34.020 Business License Required
10.34.030 Compliance with County Health Regulations
10.34.040 Lighting/Signage
10.34.050 Prohibited Distance of Activities
10.34.060 Stationary Vending and Operational Limits
10.34.070 Exemptions
10.34.080 Prohibited Vending Areas
10.34.090 Enforcement and Penalty
10.34.010 DEFINITIONS: For purposes to this Chapter, the following words shall have the
meanings ascribed to them.
A. Crosswalk: As defined by the Vehicle Code, as that term may be amended from time to
time.
B. Director: The Facilities and Community Services Department, and the director's designee.
C. Food Vending Vehicle or Vending Vehicle: Any vehicle or trailer, as those terms are
defined in the Vehicle Code, which is equipped or used for retail sales of produce and/or
prepared, prepackaged, or unprepared, unpackaged food or foodstuff of any kind, on any
public street, alley, or highway, or private street or alley, within the city. The inventory of
these vehicles is not necessarily limited to edible items and may include nonfood sundries.
D. Operator: Any entity and all persons that own, control, manage, and/or leases a food
vending vehicle; and/or contracts with any person to drive, operate, prepare food in, and/or
vend from, a food vending vehicle; and/or drive, operate, vend and/or prepare food in or
from a food vending vehicle.
E. Person: One or more persons, groups, businesses, business trusts, companies, corporations,
joint ventures, joint stock companies, partnerships, entities, associations, clubs, or
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organizations composed of two or more individuals (or the manager, lessee, agent, servant,
officer, or employee of any of them), whether engaged in business, nonprofit, or any other
activity.
F. Restocking: The transfer of food, goods or merchandise to a food vending vehicle from
any other person or vehicle and includes, but is not limited to, loading and delivery of food,
goods and merchandise.
G. School: Any institution of learning for minors, whether public or private, offering
instruction in those courses of study required by the Education Code and maintained
pursuant to standards set by the state board of education. This definition includes a nursery
school, kindergarten, elementary school, middle or junior high school, senior high school,
or any special institution of education, but it does not include either a vocation institution
or a professional institution of higher educations, including a community or junior college,
college, or university.
H. Street: Shall be defined by the Vehicle Code, as that tern may be amended from time to
time.
I. Vend or Vending: To sell, offer for sale, display for sale, or solicit offers to purchase food,
food products, beverages, goods, or merchandise on a public or private street, alley,
highway or public place within the city and includes the movement or standing of a food
vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of
produce, prepared food, prepackaged food or nonfood sundries.
10.34.020 BUSINESS LICENSE REQUIRED:
A. No person, either for themselves or for any other person, shall conduct or engage in food
vehicle vending within the city without first obtaining a city business license pursuant to
this section.
B. Each operator shall possess and at all times display in conspicuous view upon each such
vehicle a city business license.
C. Every food vending vehicle shall have the name, address, and telephone number of the
holder of the business license permanently affixed on both the left and right sides of the
vehicle. Such information shall be in letters and numerals not less than four (4) inches in
height and shall be in contrast to the color of the background upon which the letters are
placed.
10.34.030 COMPLIANCE WITH COUNTY HEALTH REGULATIONS: Each operator vending
any produce or other food items shall comply with all San Bernardino County Environmental
Health Services Department requirements for mobile food facilities, as well as all required food
handling permits. Each operator shall possess and at all times display such permits in conspicuous
view upon each vending vehicle.
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10.34.040 LIGHTING/SIGNAGE: No additional lighting, other than that required by the Vehicle
Code, may be installed or operated on a food vending vehicle. Any signage or display for a food
vending vehicle must comply with the generally applicable sign regulations contained in chapter
15.36 of this code.
10.34.050 PROHIBITED DISTANCE OF ACTIVITIES:
A. No operator of a food vending vehicle shall operate any sound amplification systems or
other sound making devices or music systems to advertise, draw attention to, or announce
the presence of any such vehicle while such vehicle is moving, stopped, standing, or parked
upon any public or private street.
B. No owner or operator of a vending vehicle shall permit vending within two hundred fifty
(250) feet from a school, park, community center, public playground facility, or certified
farmer's market.
C. No owner or operator shall permit the vending vehicle to vend within fifty (50) feet of a
marked or umnarked crosswalk in an intersection.
D. No food vending vehicle shall be parked, stopped, or left standing in any manner which
blocks or impedes vehicular access to any driveway or restricts the free movement of other
vehicles upon any public or private street.
E. No food vending vehicle shall be parked, stopped, or left standing in any manner which
blocks or impedes vehicular access to any driveway or restricts the free movement of other
vehicles upon any public or private street. Vending shall only be permitted where the food
vending vehicle has been brought to a complete stop and parked adjacent to the curb in a
lawful manner.
F. Vending from a food vending vehicle while the vehicle is parked, stopped, or standing on
any public or private street, alley, or highway is permitted only when that part of the food
vending vehicle open to prospective customers is on the side of the vehicle immediately
next to the right side of the public or private street, alley, or highway. Under no
circumstances may vending occur from the left side of a food vending vehicle.
Notwithstanding the above provisions, no person shall vend to any customer whose
location creates a traffic hazard.
G. All food vending vehicles shall maintain and make refuse containers available large enough
to contain all trash and refuse generated by the operation of such vehicle. The operator of
the food vending vehicle shall pick up all trash and refuse generated by the operator's
vending, during the time the vehicle is stopped, that is within not less than a fifty (50) foot
radius of the vehicle, before such vehicle is moved. Restocking of a food vending vehicle
shall only occur where the vehicle is lawfully parked, and such restocking does not restrict
vehicle or pedestrian traffic or otherwise create a traffic hazard.
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10.34.060 STATIONARY VENDING AND OPERATIONAL LIMITS:
A. No food vending vehicle shall attach to, or receive, any electrical power or other utilities
from any public or private property while the vehicle is located on any private or public
street or alley, without a permit issued by the city.
B. A food vending vehicle doing business atone location for more than one hour must operate
within two hundred (200) feet of an approved restrooln, the distance being measured from
the food vending vehicle to the entrance of the structure in which the restroom facilities are
located.
C. Approved restrooln must have warm water of a temperature at least one hundred degrees
Fahrenheit (100°F), soap, hand dryer and single -use paper towels.
D. Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on
any public street, alley, or highway where the posted speed limit on the public street, alley,
or highway is thirty-five (35) miles per hour or greater.
E. No owner or operator of a vending vehicle shall permit objects, including but not limited
to tables, chairs, or other furniture, trash receptacles, generators or equipment, to be placed
into that portion of the street, alley or highway which is open to vehicular traffic, nor shall
any object, including but not limited to tables, chairs, other furniture, trash receptacles,
generators or equipment, be placed within or upon the parkway or sidewalk.
F. In conformance with the California Retail Food Code, and County of San Bernardino
Environmental Health Services Department, food vending vehicles shall be stored at or
within an approved commissary in order to have protection from unsanitary conditions.
Food vending vehicles shall not be stored overnight outside of an approved commissary.
10.34.070 EXEMPTIONS: This chapter shall not apply to any city -sponsored event where the
operator of the food vending vehicle is operating pursuant to a valid contract with, or other written
approval by, the City Manager or his or her designee.
10.34.080 PROHIBITED VENDING AREAS:
A. Notwithstanding any ordinance to the contrary, it is unlawful for any person to operate a
food vending vehicle on the following designated public streets and sidewalks within the
City of Redlands.
1. East State Street, from the west side of Orange Street to Redlands Boulevard.
2. East Citrus Avenue, from Eureka Street to the east side of 9 b Street.
3. Redlands Boulevard, from Texas Street to East Citrus Avenue.
4. West State Street, from North Center Street to the east side of North Eureka Street.
5. Oriental Avenue, from Texas Street to the east side of Orange Street.
6. West Stuart Avenue, from Texas Street to the east side of Orange Street.
7. Eureka Street, from West Citrus Avenue to West Pearl Avenue.
8. Cajon Street, from East Olive Avenue to West Pearl Avenue.
9. 3rd Street, from West Redlands Boulevard to Oriental Avenue.
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10. 6`1' Street from East Olive Avenue to West Pearl Avenue.
11. East Olive Avenue, from Cajon Street to East Citrus Avenue.
12. East Vine Street, from Cajon Street to 6' Street.
13. North 5rh Street, from East Citrus Avenue to East Redlands Boulevard.
14. 7t' Street, from East Citrus Avenue to East Redlands Boulevard.
15. 8"' Street, from East Citrus Avenue to East Redlands Boulevard.
16. 9t' Street, from East Citrus Avenue to East Redlands Boulevard.
B. Notwithstanding any ordinance to the contrary, it is unlawful for any person to operate a
food vending vehicle within any area of the City with a single-family residential zoning
designation or any variation thereof.
10.34.090 ENFORCEMENT AND PENALTY: Unless a different penalty is prescribed for
violation of a specific provision of this code, every act prohibited or declared unlawful, and every
failure to perform an act made mandatory by this code, is punishable as a misdemeanor. Every
person who causes, aids, abets or conceals a violation of this code is guilty of violating this code.
Each person, firm or corporation shall be deemed guilty of a separate offense for each day or
portion thereof during which any violation of any provision of this code is committed, continued
or permitted by such person, firm or corporation and shall be punishable therefor as provided in
this chapter. The remedies provided by this chapter are cumulative and in addition to any other
remedies available at law or in equity. All violations of this chapter, at the discretion of the city,
shall be punishable misdemeanors."
Section 2. That the City Council hereby fords and determines that the adoption of this
ordinance is exempt from review under the California Environmental Quality Act ("CEQA")
pursuant to sections 15061(b)(3) and 15301(c) of the State's Guidelines implementing CEQA.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a sunnmary 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 in accordance with law.
Paul W. Foster, Mayor
ATTEST:
e 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 2 1 ' day of
July 2020, by the following vote:
AYES: Councilmembers Tejeda, Momberger, Davis; Mayor Foster
NOES: None
ABSENT: Councilmember Barich
ABSTAINED: None
S)e� 4�—W �-
Je e Donaldson City Clerk
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