4-22-10: PENALTIES:

For purposes of this section, "sidewalk vending program" refers to the provisions of sections 4-22-6 through 4-22-9, inclusive, and the requirement to obtain a special business permit pursuant to subsection 4-22-3(B).

   (A)   A violation of any provision in sections 4-22-6 through 4-22-9, inclusive, may only be punished by the following:

      1.   An administrative fine not exceeding one hundred dollars ($100.00) for a first violation.

      2.   An administrative fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation.

      3.   An administrative fine not exceeding five hundred dollars ($500.00) for each additional violation within one year of the first violation.

      4.   Rescission of the sidewalk vendor's special business permit for the term of that permit upon the fourth violation or subsequent violations.

   (B)   Vending without a special business permit may be punished by the following:

      1.   An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first violation.

      2.   An administrative fine not exceeding five hundred dollars ($500.00) for a second violation within one year of the first violation.

      3.   An administrative fine not exceeding one thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

   Upon proof of a valid special business permit, an administrative fine imposed under subsection (B) shall be reduced to the respective administrative fine set forth in subsection (A).

   (C)   No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed by subsections (A) and (B).

   (D)   Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in sections 4-22-6 through 4-22-9, inclusive, nor a failure to pay an administrative fine, imposed by subsections (A) or (B) shall be punishable as an infraction or misdemeanor.

   (E)   Any person who receives an administrative fine under subsections (A) or (B) shall have the right to request an ability-to-pay determination.

      1.   The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.

      2.   A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program.

      3.   Upon receipt of a request for an ability-to-pay determination, the city manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of section 68632 of the Government Code. The determination of the city manager or his or her designee shall be final.

      4.   If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.

   (F)   The city manager may, in his or her discretion, allow a person who receives an administrative fine under subsections (A) or (B) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

   (G)   Nothing in the chapter shall be construed to limit the City's ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or to take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code. (Ord. 852-23, 7-18-2023)