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(Added by Ord. No. 176,830, Eff. 8/27/05.)
(a) Definitions.
“Ice cream truck” shall mean a motor vehicle engaged in the curbside vending or sale of frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for sale to children under 12 years of age.
“Dispense or dispensing” shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.
“School” shall mean any elementary school, middle school, junior high school, four-year high school, senior high school, continuation high school, or any branch thereof.
“Street” shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks.
(b) Sales from Ice Cream Truck. No person shall dispense any item, other than food, from an ice cream truck on a street.
(c) Hours of Sales. No person shall dispense any item, including food, from an ice cream truck on a street during the following hours: From 8:30 p.m. to 7:30 a.m. during the months of April through October and from 5:30 p.m. to 7:30 a.m. during the months of November through March.
(d) Sales near Schools. No person shall dispense any item, at any time, including food, from an ice cream truck parked or stopped within 500 feet of the property line of a school between 7:30 a.m. and 4:00 p.m. on regular school days.
(e) Minors in Vehicle. No person shall permit a person under sixteen (16) years of age to ride in or on an ice cream truck unless the person in control of the ice cream truck is the parent or guardian of the minor.
(f) Penalties. A violation of any of the provisions of this section is a misdemeanor. Violations set forth in this section are cumulative to, and in addition to, any other violations of state or local law. For a second or subsequent violation of subsection (b), the court shall, in addition to any other penalties, order that the ice cream truck involved in the second or subsequent violation be impounded for 30 days if at the time of the second or subsequent violation, the vehicle was registered to the violator.
(Amended by Ord. No. 145,692, Eff. 5/3/74.)
No person, except as otherwise provided in Section 42.00, shall use any area in front of any building occupied by a sidewalk or used or intended for use for sidewalk purposes and extending eighteen (18) feet back of the curb line for any purpose other than for the free and unobstructed passage of pedestrians thereon within the Central Traffic District as said district is described in Ordinance No. 50,515, adopted December 19, 1924, or Chapter 8 of this Code.
The use of any such sidewalk or area other than for the free and unobstructed passage of pedestrians thereon shall constitute a public nuisance.
(a) It shall be unlawful for any person in or on any street, sidewalk, or other public way to importune, or solicit any other person, by word of mouth, gesture, or otherwise, to enter a place where goods, wares, or merchandise is sold, or where for a price or a donation, services are offered, or any exhibition, motion picture, play or performance is shown.
(b) It shall be unlawful for anyone who is visible or audible to any person on any street, sidewalk, or other public way, in a loud, boisterous, raucous, offensive or insulting manner to importune or solicit any other person to enter a place where goods, wares, or merchandise is sold, or where for a price or donation, services are offered, or any exhibition, motion picture, play or performance is shown.
Insofar as 42.02 prohibits the solicitation of sales of goods by merchants by the use of entrances, doorways or hallways abutting on public ways, it cannot be sustained as a valid exercise of police power as applied to merchants who solicit business in a quiet, dignified and peaceful manner, without pressure or undue influence, and who make no sales except inside their store. The ordinance violates California Constitution, Article I, Section 1 and 13, and the Constitution of the United States, Fourteenth Amendment, and violates the constitutional guaranty of free speech.
McKay Jewelers v. Bowron, 19 Cal. 2d 595, 599, 600.
A legislative body may not, under the guise of the police power, impose unnecessary and unreasonable restrictions on the use of private property or the pursuit of useful activities.
McKay Jewelers v. Bowron, Supra.
(Amended by Ord. No. 182,813, Eff. 12/10/13.)
(a) No Person upon any Street, park or public property shall engage in the Business of selling or re-selling Tickets.
(b) No Person upon any Place Open to the Public shall engage in the Business of selling or re-selling Tickets.
(c) The provisions of Subsections (a) and (b) of this section shall not include or apply to the sale of any Ticket at or from any office, booth or other similar place regularly and permanently established and maintained therefor with the express permission and authorization of the person or governmental agency in charge, care or control of the property on which such office, booth or place is located.
(d) For purposes of this section, the definitions in Section 42.00 and the definition of the following phrase shall apply:
“Place Open to the Public” shall mean every place of public amusement or entertainment, stadium, auditorium, theater, athletic field, concert hall or arena and the property upon which such place is located or any other property contiguous thereto which is under the same care, management or control.
No person shall solicit custom or patronage for any vehicle used or intended for use in the conveyance or transportation of persons, property, goods, wares, or merchandise, or for an place where meals and board or lodging are furnished for a consideration, or for any railway trip or boat trip upon any street or sidewalk within the district bounded and described as follows:
First Street from Central Avenue to Olive Street; Olive Street from First Street to Seventh Street; Seventh Street from Olive Street to Grand Avenue; Grand Avenue from Seventh Street to Pico Street; Pico Street from Grand Avenue to Los Angeles Street; Los Angeles Street from Pico Street to Sixth Street; Sixth Street from Los Angeles Street to Central Avenue; Central Avenue from Sixth Street to First Street.
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