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Thousand Oaks Overview
The City of Thousand Oaks, CA Municipal Code
THOUSAND OAKS, CALIFORNIA MUNICIPAL CODE
PREFACE
TITLE 1. GENERAL PROVISIONS
TITLE 2. PERSONNEL
TITLE 3. FINANCE
TITLE 4. PUBLIC SAFETY
TITLE 5. PUBLIC WELFARE, MORALS AND CONDUCT
CHAPTER 1. ABANDONED APPLIANCES
CHAPTER 2. ADVERTISING DISTRIBUTION
CHAPTER 3. AIR POLLUTION
CHAPTER 4. CLOSING-OUT SALES
CHAPTER 5. PUBLIC DANCES
CHAPTER 6. BINGO GAMES*
CHAPTER 7. SUBSTANDARD HOUSING OWNERS*
CHAPTER 8. MISCELLANEOUS OFFENSES
CHAPTER 9. REGISTRATION OF HOTEL AND MOTEL GUESTS
CHAPTER 10. REMOVAL OF ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLES*
CHAPTER 11. WEAPONS*
CHAPTER 12. UNLAWFUL CONDUCT ON PRIVATE SCHOOL CAMPUSES
CHAPTER 13. ALARM SYSTEMS*
CHAPTER 14. OAK TREE PRESERVATION AND PROTECTION*
CHAPTER 15. AMBULANCES
CHAPTER 16. PROHIBITION OF THE CONDUCT OF PUBLIC NUDITY*
CHAPTER 17. MASSAGE ESTABLISHMENTS, MASSAGE TECHNICIANS, AND THE PRACTICE OF MASSAGE*
CHAPTER 18. DRUG PARAPHERNALIA*
CHAPTER 19. PRICES OF EMERGENCY ITEMS AND SERVICES DURING A PROCLAIMED DISASTER*
CHAPTER 20. GRAFFITI
CHAPTER 21. NOISE
CHAPTER 22. HEALTH CLUBS
CHAPTER 23. VENDING ON PUBLIC STREETS, PUBLIC PROPERTY, PRIVATE STREETS AND RESIDENTIAL PARKING AREAS
CHAPTER 24. LANDMARK TREE PRESERVATION AND PROTECTION*
CHAPTER 25. MOBILE HOME RENT STABILIZATION
CHAPTER 26. SOCIAL HOST LIABILITY
CHAPTER 27. ALCOHOL ENERGY DRINK
CHAPTER 28. TREE PRUNING
CHAPTER 29. CANNABIS
TITLE 6. SANITATION AND HEALTH
TITLE 7. PUBLIC WORKS
TITLE 8. BUILDING REGULATIONS
TITLE 9. PLANNING AND ZONING
TITLE 10. UTILITIES
APPENDIX
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Sec. 5-23.07. Notice to applicant.
   (a)   The Finance Director shall give written notice to the applicant for a street vendor permit or a sidewalk vendor permit that the application is granted or denied.
   (b)   A street vendor permit shall include the name of the permittee, a photograph of the permittee, the name of the street vendor business, a statement that the permit is subject to the conditions imposed by Section 5-23.08, and the requirement that the permittee return the permit to the Finance Director upon termination of the permittee's employment.
   (c)   A sidewalk vendor permit shall include the name of the permittee, a photograph of the permittee, the name of the sidewalk vendor business, a statement that the permit is subject to the conditions imposed by Section 5-23.09, and the requirement that the permittee return the permit to the Finance Director upon termination of the permittee's employment.
   (d)   If the application is denied, the Finance Director shall include in such notice a statement of the grounds on which the application is denied.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)
Sec. 5-23.08. Conditions of street vendor permit.
   Every person to whom a street vendor permit is issued shall:
   (a)   Display the City-issued decal for the current calendar year on a conspicuous location on the vehicle for street vending visible to the general public;
   (b)   Obtain general liability insurance and automobile insurance for each vehicle, and keep in force during the term of the permit, public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without fifteen (15) days' prior written notice to the Finance Director. The insurance policy shall insure the street vendor and shall name the City as an additional insured of such vehicle against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such vehicle, or from violation of this chapter or of any other law of the state or the United States. The insurance policy shall be in the sum as determined by the City. The City may accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the City determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the City; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;
   (c)   Obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business;
   (d)   Comply with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws;
   (e)   Comply with the following conditions, if using signs:
      (1)   Sign shall be placed on a vehicle displaying goods or merchandise for sale. This shall not apply to signs permanently affixed to a vehicle;
      (2)   Sign shall not exceed three (3) square feet; and
      (3)   No free-standing sign shall be placed on a public street or sidewalk.
   (f)   Notify the Finance Director immediately when any vehicle not described in the application for the permit is placed in service for street vending;
   (g)   Possess a valid city business tax certificate if owner of the street vendor business or self-employed;
   (h)   Immediately report a lost or stolen permit to the Finance Department;
   (i)   Return the permit to the Finance Director immediately on termination of employment or self-employment. A street vendor permit shall become void upon termination of employment or self-employment;
   (j)   Maintain a clean selling area and properly dispose of all trash generated by his/her operation. Each vending area must be cleared of all merchandise, vehicles, or other items which belong to or are used by the street vendor when not in use by the street vendor;
   (k)   Maintain each vehicle in safe operating condition, good repair, clean, and sanitary condition;
   (l)   Comply with Section 415 of Article 4 of Chapter 3 of Title 4 of this code regarding vending near schools;
   (m)   Comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113.700 et. seq., if vending food;
   (n)   Not vend within five hundred (500') feet of an area designated for a special event;
   (o)   Not vend in a park owned or operated by the City if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
   (p)   Not vend upon a street median;
   (q)   Not vend within one hundred (100') feet of the nearest curb on the cross street of any intersection of two (2) or more public streets, if there is no curb then one hundred (100') feet of the edge of the pavement of the cross street;
   (r)   Not vend within five hundred (500') feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;
   (s)   Not attempt to reserve any street or public parking area exclusively for themselves or their customer parking;
   (t)   Not occupy more than thirty (30') feet of parallel parking area on a street;
   (u)   Not vend during peak traffic hours and specified days and/or times as determined by the Public Works Director due to traffic safety concerns, parking shortages, repairs or needs for the street as listed on traffic and parking regulations page;
   (v)   Not vend upon any specific street, or portion thereof, which as a result of the limited parking, limited line of sight, traffic control impacts, high traffic flow is designated by the Public Works Director as unsafe for vending as listed on parking and parking regulations page;
   (w)   Not vend or operate any noise-making device in a residential zone, except between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time, and between 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time. No vendor shall remain in any one location for more than four (4) hours; and
   (x)   Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this code, unless previously reported as lost or stolen as indicated in this section.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)
Sec. 5-23.09. Conditions of sidewalk vendor permit.
   (a)   Every person to whom a sidewalk vendor permit is issued shall:
      (1)   Display the City-issued decal for the current calendar year on a conspicuous location on the human powered device or vending device visible to the general public;
      (2)   Obtain general liability insurance and keep in force during the term of the permit public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without fifteen (15) days' prior written notice to the Finance Director. The insurance policy shall insure the sidewalk vendor and shall name the City as an additional insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the sidewalk vending device, or from violation of this chapter or of any other law of the state or the United States. The insurance policy shall be in the sum as determined by the City. The City may accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the City determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the City; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;
      (3)   Obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business;
      (4)   Comply with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws;
      (5)   Comply with the following conditions, if using signs:
         (i)   Signs shall be placed on a human powered device displaying goods or merchandise for sale. This shall not apply to signs permanently affixed to a vehicle;
         (ii)   Signs shall not exceed three (3) square feet; and
         (iii)   No free-standing signs shall be placed on a public street or sidewalk.
      (6)   Notify the Finance Director immediately when any vending device not described in the application for the permit is placed in service for sidewalk vending;
      (7)   Possess a valid city business tax certificate if owner of the sidewalk vendor business or self-employed;
      (8)   Immediately report a lost or stolen permit to the Finance Department;
      (9)   Return the permit to the Finance Director immediately on termination of employment or self-employment. A sidewalk vendor permit shall become void upon termination of employment or self-employment;
      (10)   Maintain a clean selling area and properly dispose of all trash generated by his/her operation. Each vending area must be cleared of all merchandise, vehicles, or other items which belong to or are used by the sidewalk vendor when not in use by the sidewalk vendor;
      (11)   Comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113.700 et. seq., if vending food;
      (12)   Not vend from any structure, stand, display, showcase, rack, ground placed display, or human powered device which exceeds fifteen (15) square feet, and also not exceed a linear distance greater than five (5') feet, on any one side;
      (13)   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 (Public Law 101336) and other disability access standards;
      (14)   Not vend within five hundred (500') feet of an area designated for a special event;
      (15)   Not vend upon a street median;
      (16)   Not vend within one hundred (100') feet of the nearest curb on the cross street of any intersection of two or more public streets, if there is no curb then one hundred (100') feet of the edge of the pavement of the cross street;
      (17)   Not vend within five hundred (500') feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;
      (18)   Not vend within five hundred (500') feet of the property line of any public school between the hours of 7:00 a.m. and 4:00 p.m. on the days the public school is in session, unless approved by the City Engineer;
      (19)   Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this code, unless previously reported as lost or stolen as indicated in this section; and
      (20)   Shall not vend or operate any noise-making device in a residential zone, except between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time, and between 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time. No vendor shall remain in any one location for more than four (4) hours.
   (b)   In addition to the requirements imposed by this section, stationary sidewalk vendors shall be prohibited from vending in a park owned or operated by the City if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or goods or merchandise by the concessionaire.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)
Sec. 5-23.10. Annual permit renewal.
   (a)   Street and sidewalk vendor permits shall continue in effect for the remainder of the calendar year in which they are issued, unless revoked or modified as provided in Section 5-23.11; provided, however, that street and sidewalk vendor permits shall automatically become void on termination of employment or self-employment as a vendor on public property. A street vendor or sidewalk vendor permit issued in the last quarter of a calendar year shall continue in effect for the remainder of the calendar year in which it is issued, and for the next calendar year, subject to the foregoing provisions regarding revocation, modification and automatically becoming void.
   (b)   Permittees shall submit to the Finance Director applications to renew street vendor and sidewalk vendor permits for following calendar years, together with fees for the renewal and any changes in the information provided in the initial application or a previous renewal application. In addition, an applicant shall submit a new photograph, evidence that required insurance will be in effect for the new calendar year, and a valid health permit, if applicable.
   (c)   The Finance Director shall refer to the Chief of Police completed applications for renewal of street vendor and sidewalk vendor permits. The Chief of Police and the Finance Director shall process and grant or deny the applications for renewal as provided in Section 5-23.06. Conditions on renewed permits shall be as provided in Sections 5-23.08 and 5-23.09.
   (d)   Applications for renewal of street vendor and sidewalk vendor permits shall be submitted by December 1 of each year to allow sufficient time for processing before the current permit expires on December 31.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)
Sec. 5-23.11. Revocation, suspension or modification of a vendor permit.
   (a)   A street vendor or sidewalk vendor permit may be revoked or suspended or additional conditions imposed thereon for failure of the permittee to comply with applicable laws, regulations and conditions, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.
   (b)   The Chief of Police may file with the Finance Director a written request for revocation, suspension or modification of a street vendor or sidewalk vendor permit, stating facts showing that the permittee has not complied with applicable laws, regulations, or permit conditions, has had a subsequent arrest, or poses a danger to public safety, and recommending that the permit be revoked or suspended or in what respect the permit should be conditioned.
   (c)   On receiving the request, the Finance Director shall mail to the permittee a notice that the permit is recommended for revocation, suspension, or conditioning in a specific manner and stating the reasons for that recommendation. The notice shall inform the permittee that the recommendation will be adopted and the permittee will be deemed to concur with the recommendation if the permittee does not make a written request for a hearing in the manner provided in Section 5-23.12.
   (d)   The procedures for appealing, rendering a decision, and seeking judicial review of the decision shall be as provided in Section 5-23.12 of this code.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)
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