(A) A violation of this chapter shall not be punishable as an infraction or misdemeanor, and no person shall be subject to arrest for any such vending violation unless said person has violated a law for which a person may be arrested.
(B) Violating a provision of this chapter is punishable by an administrative fine not to exceed:
(1) One hundred dollars for a first violation.
(2) Two hundred dollars for a second violation within one year of the first violation.
(3) Five hundred for each additional violation within one year of the first violation.
(C) In lieu of the administrative fines set forth in division (B), vending without a sidewalk vending permit is punishable by an administrative fine not to exceed:
(1) Two hundred fifty dollars for a first violation.
(2) Five hundred dollars for a second violation within one year of the first violation.
(3) One thousand dollars for each additional violation within one year of the first violation.
(D) Upon proof of a valid permit issued by the city, the administrative fine in division (C) will be reduced to the corresponding administrative fine in division (B).
(E) Notwithstanding any other provision of this code, failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor, and no additional fines, fees, assessments, or other financial conditions may be assessed beyond those authorized in divisions (B) and (C).
(F) When assessing an administrative fine pursuant to this chapter, the adjudicator shall take into consideration a person's ability to pay the fine. The city shall notify an assessee of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. Assessees may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(1) If an assessee meets the criteria for waiver of court fees and costs under subdivision (a) or (b) of Cal. Gov't Code § 68632, the city shall accept, in full satisfaction, 20% of any administrative fine imposed pursuant to this chapter.
(2) The city may allow an assessee to complete community service in lieu of paying the total amount of an administrative fine, may waive an administrative fine, or may offer an alternative disposition.
(G) No provision in this chapter shall be construed to impede the city's or county's ability to enforce the County Health Department codes and regulations.
(Ord. 1309, passed 7-7-21)