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.010 Definitions. The following words and terms as used in this section shall have the following meanings:
.0101 "Goods" or "merchandise" includes items and products of every kind and description, including all foods, produce, and beverage items.
.0102 "Human powered device" shall mean any device moved by human power including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container or conveyance.
.0103 "Operator" shall mean any person or entity owning, operating, or otherwise controlling any business involving the vending of goods or merchandise from a vehicle.
.0104 "Person" shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
.0105 "Public property" shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Anaheim other than a street, alley, parkway, or sidewalk.
.0106 "Residential zone" or "zoned for residential purposes" shall mean any property which, by ordinance of the City of Anaheim, is then currently classified into either (i) any one of the residential zones specified in Chapter 18.04 and Chapter 18.06, inclusive, of Title 18 of this Code, or (ii) any specific plan zone of the City of Anaheim in which residential dwellings are an expressly permitted use.
.0107 "Vehicle" shall mean as defined in the Vehicle Code of the State of California, and shall not include any human powered device.
.0108 "Vend" or "vending" shall mean the sale or offering for sale of any goods or merchandise to the public from a vehicle.
.0109 "Vendor" shall mean any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.
.020 Sales from Human Powered Devices Prohibited. Except for any person engaged in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor's Permit, it is unlawful for any person to sell or offer for sale, or operate a human powered device or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any human powered device parked, stopped, or standing upon any public street, alley, parkway, sidewalk or other public property in the City of Anaheim.
.030 Regulations for Sales from Vehicles. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street, alley, parkway, sidewalk, or other public property in the City of Anaheim except in accordance with all applicable provisions of this code and in compliance with each of the following requirements:
.0301 Such vending shall be only by means of a vehicle duly registered and licensed by the State of California with an unladen weight of less than six thousand pounds.
.0302 Such vending shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property.
.0303 Each operator shall possess and at all times display in conspicuous view upon each such vehicle a City of Anaheim business license issued pursuant to Title 3 of this Code.
.0304 Each operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle.
.0305 No vending from such vehicle shall be permitted within sixty feet of any intersection of two or more public streets nor within five hundred feet of any public or private elementary, junior high, or high school.
.0306 No vending from such vehicle shall be permitted for a period of time in excess of ten minutes in any one location and said vehicle must be moved a distance of not less than one hundred feet between consecutive stops at which vending occurs.
.0307 No 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 the public street.
.0308 Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
.0309 Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator.
.0310 No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.
.0311 Any vehicle from which vending occurs pursuant to this section shall have the name, address, and telephone number of the holder of the operator's permit permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four inches in height and shall be in contrast to the color of the background upon which the letters are placed.
.0312 No vending shall be permitted by any operator or conducted by any vendor except between the hours of nine a.m. and eight p.m. of each day.
.0313 Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to, or announce the presence of any such vehicle shall comply with the limitations and provisions set forth in Chapter 6.72 of this Code. No amplified sound making devices shall be used for such purposes upon any public street immediately contiguous to any residentially zoned property within the City. Nonamplified sound making devices shall be permitted for such purposes provided (i) such sounds shall not be made while the vehicle is stopped, parked, or otherwise in a stationary position; and (ii) such sounds shall not be audible to a person with normal hearing for a distance of more than two hundred feet.
.040 Application for Operator's Permit; Contracts; Required Fee. Any person desiring to obtain an operator's permit to conduct or otherwise operate the business vending goods or merchandise from a vehicle pursuant to this section shall make application to the City License Collector. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for such renewal application. Each applicant for an operator's permit shall furnish the following information and documentation as part of or in conjunction with such application:
.0401 The present or proposed address from which the business is to be conducted;
.0402 The full true name under which the business will be conducted;
.0403 The full true name and any other names used by the applicant;
.0404 The present residence and business addresses and telephone numbers of the applicant;
.0405 A description of the goods or merchandise which the business will vend;
.0406 The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, State license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle; and
.0407 A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles.
.050 Exemptions. The requirements of this section shall not apply to:
.0501 Any person delivering any goods or merchandise by vehicle where such goods or merchandise has been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise is being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.
.0502 Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the City of Anaheim to engage in such activity by a permit, lease, real property license, agreement, or other entitlements issued by the City for such purpose.”
.060 Penalties. Notwithstanding any other provision of this Code to the contrary:
.0601 Any violation of subsection .020, paragraph .0304 of subsection .030 or subsection .040 of this Section shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370 of this Code.
.0602 Any violation of paragraphs .0303, .0308, .0309, .0311, .0312, or .0313 of subsection .030 of this Section shall constitute an infraction and shall be punishable by a fine as provided by state law.
.0603 Any violation of paragraphs .0302, .0305, .0306, .0307, .0310, or .0312 of subsection .030 of this Section shall be punishable as a civil complaint pursuant to the provisions of Section 14.32.320 of this Code.
(Ord. 5520 § 2; September 19, 1995: Ord. 5632, June 2, 1998: Ord. 6449 § 7; November 20, 2018.)