(A) Authority to impound. An enforcement officer may impound a sidewalk vendor's sidewalk vending receptacle, food, or merchandise that:
(1) Reasonably appear to be abandoned on public property; or
(2) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (i) operates in violation of this chapter; and (ii) refuses to remove their sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer; or
(3) Are displayed, offered, or made available for rent or sale by a sidewalk vendor who (i) does not possess a valid applicable sidewalk vendor permit; and (ii) refuses to remove their sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer; or
(4) Is (i) creating an imminent and substantial safety or environmental hazard by the location of the sidewalk vending receptacle or the nature of the goods being offered for sale, and (ii) refuses to remove the sidewalk vending receptacle, food and/or merchandise after being instructed to do so by an enforcement officer.
(B) Immediate disposal of perishable items. The city may immediately dispose of impounded materials that are perishable or cannot be safely stored.
(C) Impound fee. A sidewalk vendor may recover impounded materials that have not been disposed of pursuant to division (B) above upon demonstrating proper proof of ownership and paying all applicable impound fees as established by resolution of the City Council.
(D) Notice of impoundment.
(1) The enforcement officer shall provide the sidewalk vendor with a receipt and instructions for the retrieval of the impounded materials. The receipt and instructions shall either be given to the sidewalk vendor at the time the enforcement officer impounds the materials or immediately mailed, by first-class mail, to the sidewalk vendor provided the sidewalk vendor's name and contact information are provided to the enforcement officer.
(2) The receipt and instructions shall notify the sidewalk vendor that the impounded materials must be claimed within 90 days after the enforcement officer impounds the materials or the impounded materials will be disposed of in accordance with state law.
(3) If the owner or person responsible for unattended or abandoned items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period and location the items were observed, the circumstances supporting the enforcement officer's finding that the items were unattended or abandoned, any reasonable attempt to locate the owner of such items, including refusal to provide identification, a complete description of such items, including any items that were immediately disposed of pursuant to division (B) above. This document shall be maintained by the city with any impounded property.
(E) Forfeiture of impounded materials. Any unclaimed impounded materials will be considered abandoned and forfeited to the city after 90 days following impoundment and disposed of in accordance with state law.
(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)