(A) Definitions - For the purposes of this section, the following words shall have the following meanings.
(1) GOODS OR MERCHANDISE - Items and products of every kind and description, including all food, produce, and beverage items.
(2) HUMAN POWERED DEVICE - Any device moved by human power, including, but not limited to, a pushcart, wagon, bicycle, tricycle, pedal-driver cart, other non-motorized conveyance, or other wheeled container or mechanism, or from one's person.
(3) ROAMING SIDEWALK VENDOR - A sidewalk vendor who moves from place to place and stops only to complete a transaction.
(4) SIDEWALK VENDOR - A person who vends goods or merchandise upon a public sidewalk from a structure, stand, display, showcase, rack, or human powered device.
(5) SPECIAL EVENT - A city permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.
(6) STATIONARY SIDEWALK VENDOR - A street vendor who vends from a fixed location with a valid encroachment permit.
(7) STREET VENDOR - A person who drives a vehicle for the purposes of vending on a public street.
(8) VEND OR VENDING - Any act of hawking, operating noise-making devices to attract attention to the vendor, or the displaying, selling, or offering for sale of any displayed goods or merchandise to the public from any carrying device, box, bag, stand, or human powered device.
(B) Street vending - Except as provided in this section, no person shall park any vehicle from which merchandise, food, or other items are sold or displayed ,or offered for sale, barter, or exchange, on any portion of any street, alley, sidewalk, or public property within the city.
(1) No person shall park such vehicle within or from the following locations:
(a) The public right-of-way on C Street, Channel Islands Boulevard, Camino Del Sol, Del Norte Boulevard, Fifth Street, Gonzales Road, Harbor Boulevard, Hueneme Road, Oxnard Boulevard, Pleasant Valley Road, Rice Avenue, Rose Avenue, Saviers Road, Ventura Road, Victoria Avenue, Vineyard Avenue, or Wooley Road; or
(b) The public right-of-way within 100 feet of any intersection, or within 50 feet of any driveway or of another such vehicle parked on the public right-of-way.
(2) Every person operating such vehicles shall have in his or her possession a valid business tax certificate issued by the city.
(3) No person shall park any such vehicle within 900 feet of any school or daycare center between 7:00 a.m. and 4:00 p.m., on the days school is in session.
(4) In residential areas, as shown on a map on file with the license collector, no person shall park any such vehicle or container on any day before 9:00 a.m. or sunrise, whichever is later, or after 7:00 p.m. or sunset, whichever is earlier.
(5) When parked, the person operating such vehicle or container shall:
(a) Stop playing music, ringing bells, or making other noise that advertises such person's presence or wares; and
(b) Provide a visible trash receptacle for use by bona fide purchasers.
(6) The provisions of this section shall not apply to:
(a) A person delivering items from a store or other fixed place of business, or distribution to a customer pursuant to an order of, or by agreement with, such customer;
(b) A person who has obtained a temporary use permit to park such a vehicle on specific public property; or
(c) A person who has a written license agreement with the city to park such vehicle on specific public property.
(C) Sidewalk vending -
(1) In residential areas, only a sidewalk vendor with a valid vendor permit issued pursuant to Chapter 11, Article 1, Division 3 of this code may vend upon the city's public right-of-way.
(2) Every person to whom a valid business tax certificate and/or permit is issued shall:
(a) Comply with the California Retail Food Code as codified in Part 7 of Cal. Health and Safety Code, Section 113.700 et seq., if vending food;
(b) Not vend from any structure, stand, display, showcase, rack, ground placed display, or human powered device which exceeds 18 square feet, or exceeds a linear distance greater than six feet, on any one side;
(c) Not occupy space on any sidewalk or path of travel in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant to the federal Americans with Disabilities Act of 1990 or other disability access standards;
(d) Not vend within 500 feet of an area designated for a special event;
(e) Not vend upon a street median;
(f) Not vend within 100 feet of any intersection;
(g) Not vend within 500 feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;
(h) Not vend within 900 feet of the property line of any school or any daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in session;
(i) Sidewalk vending hours’ limitations in areas zoned for nonresidential use shall be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours;
(j) In residential areas, roaming sidewalk vending shall be limited to the hours of 9:00 a.m. or sunrise, whichever is later, and 7:00 p.m. or sunset, whichever is earlier;
(k) Stationary sidewalk vending is prohibited in areas that are exclusively residential; and
(l) Stationary sidewalk vendors are prohibited from operating in a city park if the city has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaries for that city park.
(D) Penalties -
(1) Every person vending in violation of this section is guilty of an administrative violation punishable by administrative fines established by city council resolution.
(2) Failure to pay an administrative fine is not punishable as an infraction or misdemeanor.
(3) If a violator of this section fails to pay any fines, fees, or other assessments, the city may levy a lien on a violator's real or personal property, including the vehicle used for vending purposes.
(Ord. 2952)