A. Administrative Citations Exclusive Remedy. Notwithstanding any other provision of the Fullerton Municipal Code, this chapter shall be enforced exclusively through the City's administrative citation process, and citation fees shall not exceed the limits set forth in subdivisions (B) and (C) below. No other civil or criminal remedies may be used to enforce the provisions of this chapter unless allowed by state law.
B. A violation of this chapter by a sidewalk vendor who has a valid sidewalk vending certificate from the City is punishable only by an administrative citation pursuant to Chapter 1.10, in amounts not to exceed the following:
1. One hundred dollars ($100) for a first violation.
2. Two hundred dollars ($200) for a second violation within one year of the first violation.
3. Five hundred dollars ($500) for each additional violation within one year of the first violation.
C. A person engaged in sidewalk vending without a valid City sidewalk vending certificate is punishable by an administrative citation pursuant to Chapter 1.10, in amounts not to exceed the following, in lieu of the amounts set forth in subdivision (C):
1. Two hundred fifty dollars ($250) for a first violation.
2. Five hundred dollars ($500) for a second violation within one year of the first violation.
3. One thousand dollars ($1,000) for each additional violation within one year of the first violation.
D. Upon proof of a valid certificate of operation issued by the City, the administrative fines set forth in subsection C shall be reduced to the administrative fines set forth in subsection B, or any successor sections.
E. The Director of Administrative Services, of his or her designee, may rescind a certificate issued to a sidewalk vendor for the term of that certificate upon the fourth violation or subsequent violations.
F. City's Determination of Violators' Ability to Pay Administrative Fines.
1. When assessing an administrative fine for a violation of this chapter, if the violator meets the criteria contained in Government Code Section 68632, subdivision (a) or (b), the City shall accept twenty percent (20%) of the administrative fine imposed in full satisfaction of the fine.
2. The City's administrative citation enforcement official shall give notice to the violator of his or her right to request an ability-to-pay determination by including the notice and a checklist for eligibility of the reduced fine amount under Government Code Section 68632 together with the administrative citation. If eligible for the reduced fine, the violator must indicate, by signing under penalty of perjury, which criteria he/she meets and return the form together with the fine to the City. If the violator fails to return the form to the City prior to any hearing requested under Section 1.10.070, he or she may claim eligibility for the reduced fine amount at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. (Ord. 3288 § 2 (part) 2020)