A. The California Vehicle Code § 22455 allows municipalities to regulate mobile food vending in order to protect public safety and Article XI, Section 7 of the California Constitution extends to municipalities the police power authority to regulate in furtherance of public health and welfare.
B. The evening operation of mobile food vending trucks in the City of Fullerton Downtown area, prior to the prohibition of such activity in or about April, 2010, constituted a significant public safety problem, as evidenced by the repeated and regular need for law enforcement assistance to address and resolve public safety problems caused by the congregation of Downtown area bar patrons at or near mobile food vending trucks parked in the Downtown area during the evenings.
C. Continuing public safety problems are caused by the operation of fast food establishment and/or inexpensive food establishments operating in the Downtown area during the evening, which attract Downtown area bar patrons requiring repeated and regular law enforcement assistance to address and resolve public safety problems caused by their congregation.
D. Mobile food vending vehicles create the potential for safety hazards, such as blocking sight lines at intersections and crosswalks, encouraging pedestrians to cross streets mid-block to reach a vending vehicle, and causing additional conflicts between drivers and pedestrians, especially if the mobile food trucks are parked and serving customers on streets with posted speed limits over 35 mph.
E. The act of looking for prospective buyers while operating a mobile food vending vehicle may make the operator less attentive to pedestrian and vehicular traffic. When done on public roadways, this poses obvious traffic and safety risks to the public, which the City seeks to prevent.
F. Mobile food vendors who fail to park their vehicles correctly during a transaction attract prospective buyers onto public roadways, creating a further traffic and public safety hazard.
G. The City has an important and substantial public interest in providing regulations to prevent safety, traffic and health hazards, as well as to preserve the peace, safety and welfare of the community. (Ord. 3191 § 1, 2013)