(Title and Section Amended by Ord. No. 185,278, Eff. 12/7/17.)
(a) Catering Trucks. (Amended by Ord. No. 150,561, Eff. 3/19/78.)
1. Definitions: (Amended by Ord. No. 173,264, Eff. 6/26/00.) For the purposes of this Section, the following definitions shall apply:
A. “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, sidewalks and public ways.
B. “Catering truck” shall mean any motorized vehicle designed primarily for dispensing victuals. For purposes herein, the term “catering truck” shall include any trailer designed primarily for dispensing victuals but only if attached to a motor vehicle at all times during which victuals are being dispensed. “Catering truck” shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing victuals.
C. “Dispense or dispensing” shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.
D. “Victuals” shall mean fruit, meat, vegetables, beverages or food of any kind, nutritious or otherwise, dispensed in prepared, packaged or other form suitable for immediate ingestion or consumption by human beings. For purposes herein, victuals shall not include other goods, wares or merchandise.
E. “Residential location” shall mean any location on a residential street as defined in Section 85.06(b) where a catering truck parks for the purpose of dispensing victuals. (Added by Ord. No. 185,163, Eff. 10/14/17.)
F. “Block” shall mean both sides of a street between the nearest intersecting or intercepting street, dead-end terminus, waterway, railroad right-of-way, or un-subdivided acreage of a City boundary. (Added by Ord. No. 185,163, Eff. 10/14/17.)
2. Restrictions:
A. (Amended by Ord. No. 173,264, Eff. 6/26/00.) The dispensing of victuals shall be permitted on any street except at or from:
(1) Any trailer, wagon or pushcart not included within the definition of “catering truck”, except as may be authorized under Section 42.00 of this Code.
(2) (Deleted by Ord. No. 174,284, Eff. 12/8/01.)
(3) Any location within 100 feet of the nearest part of:
(i) any intersection, or
(ii) (Deleted by Ord. No. 174,284, Eff. 12/8/01.)
(4) Any location within 200 feet of:
(i) Balboa Park, Banning Park, Robert Burns Park, MacArthur Park, the following portions of Griffith Park: Riverside Drive between the Glendale Boulevard off-ramp and Los Feliz Boulevard, between the Los Angeles River and the City limits (Betty Davis Picnic Area); and Ferndell Drive between Los Feliz Boulevard and Red Oak Drive.
(ii) The roadway of any freeway on-ramp or off-ramp.
(5) Any location within 500 feet of the nearest property line of any school. In the event of a conflict between any of the above specified distances and a greater distance otherwise required by law, said greater distance shall prevail and be controlling.
B. No person shall stop, stand or park a catering truck upon any street for the purpose of dispensing victuals under any circumstances in violation of stopping, standing or parking prohibitions or restrictions either shown by signs or curb markings or as otherwise provided by the State Vehicle Code or the health, safety, fire, traffic, business or other regulations set forth in the Los Angeles Municipal Code.
C. No person shall dispense victuals from any portion of a catering truck on any street in any manner which causes any person to stand in that portion of the street which is between the catering truck and the center of the street.
D. Persons who dispense victuals under the provisions of this section may not do so unless at that time they provide or have available in a conspicuous place in the immediate vicinity of the catering truck, a litter receptacle which is clearly marked with a sign requesting its use by patrons.
E. After dispensing victuals, at any location, a catering truck operator, prior to leaving the location, shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed from the catering truck, including any packages or containers, or parts of either, used with or for dispensing the victuals.
F. No catering truck shall park at any Residential Location for a period that exceeds 30 minutes. No catering truck shall park at any Residential Location within two blocks of where the catering truck had been parked at a Residential Location within the previous four hours. Moving the catering truck outside the Residential Location during the four-hour period or not dispensing victuals for some portion of the four-hour period will not nullify the time or distance requirements set forth in this subsection. Failure to comply with the time or distance requirements set forth in this subsection shall constitute a separate and distinct offense for every 30-minute period that a catering truck remains out of compliance with either the time or distance requirements, with each subsequent violation subject to the escalated civil penalties listed in Section 89.60 of this Code. (Amended by Ord. No. 185,163, Eff. 10/14/17.)
No catering truck shall remain parked at any commercial location for the purpose of dispensing victuals, or at any commercial location within a half mile radius of that location, for a period of time, adding together all times parked at each commercial location, which exceeds one hour. Upon the elapse of that period of time, any catering truck that continues to be used for the purpose of dispensing victuals must be parked at a location more than half a mile distant, as measured in a straight line, from the location where the vehicle was parked at the beginning of the one hour period, and the vehicle shall not return to that location for at least another 60 minutes from the time of departure or relocation.
G. (Added by Ord. No. 173,264, Eff. 6/26/00.) Notwithstanding the provisions of Municipal Code Sections 114.04 and 114.05, no person shall drive or operate a catering truck for the purpose of dispensing victuals unless such catering truck is equipped with an audible alarm which can be heard at a distance of 100 feet from the vehicle, which will be automatically activated in the event the vehicle backs up. Such alarm must be installed within six months of the effective date of this regulation.
H. (Amended by Ord. No. 173,854, Eff. 5/11/01.) No person shall lease, sublease or rent a catering truck to any other person knowing that such person does not possess one or more valid licenses or permits required by the City or by the County of Los Angeles in order to dispense victuals from a catering truck. Provided, however, this provision shall not apply to any license or permit which cannot be secured until the vehicle is in the possession of the lessee, sublessee or renter. Notwithstanding the provisions of Sections 11.00(m), 80.76, 80.76.1 and 80.76.2 of this Code, a violation of this provision shall be punishable by a civil penalty of $500.00 for the first offense and $1,000.00 for the second and each subsequent offense.
(b) (Deleted by Ord. No. 174,284, Eff. 12/8/01.)
(c) No person shall park or stand any vehicle, or wagon used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle, or wagon without first obtaining a written permit to do so from the Department which shall designate the specific location where such vehicle may stand. No permit shall be issued for any such location within the Central Traffic District. (Amended by Ord. No. 134,523, Eff. 7/17/67.)
(d) No person shall stand or park a vehicle upon any street for the purpose of displaying such vehicle for sale by sign or otherwise. (Amended by Ord. No. 134,523, Eff. 7/17/67.)
(e) Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified therein, no person shall park or stand any vehicle, wagon, or push cart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court of competent jurisdiction, for violating any of the provisions of this section, such permit shall be forthwith revoked by the Department upon the filing of the record of such conviction with it, and no permit shall thereafter be issued to such person until six (6) months have elapsed from the date of such revocation. (Amended by Ord. No. 134,523, Eff. 7/17/67.)
(f) Notwithstanding the provisions of Section 11.00(m) of this Code, every violation of any of the provisions of this Section which is punishable as an infraction, shall be punished by a fine of not less than $100 for the first violation, $200 for the second violation and $250 for each subsequent violation within one year. (Amended by Ord. No. 173,264, Eff. 6/26/00.)
(g) Severability. If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. (Added by Ord. No. 185,163, Eff. 10/14/17.)