A. Impoundment authorization. Any city official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a sidewalk vendor's items used in violation of this chapter pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable city, county, or state law for any of the following reasons:
1. Food displayed, offered, or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.
2. Items reasonably appear to be unattended or abandoned on public or private property for more than thirty (30) consecutive minutes without moving from the exact spot it was located, and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty (50) feet of the items.
3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable city itinerant vendor permit.
4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter; and refuses or fails to provide identification.
5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to remove items from public or private property within thirty (30) consecutive minutes after being instructed to do so by a city official.
6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of forty-eight inches (48") of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or city laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
9. Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a twenty-four (24)-month period, been issued three (3) or more administrative citations for violations of this chapter.
10. Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any city, county, state, or federal law or regulation excluding this chapter. Such Items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.
B. Forfeiture Impoundment Authorization for Repeat Offenders. The city may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this chapter two (2) or more times within a twenty-four (24)-month period (herein identified as a repeat offender) after being contacted by a city official who issued a notice of violation. An aggrieved repeat offender may appeal a city forfeiture impoundment action pursuant to the procedures set forth in this section.
C. Disposal Authorization. The city may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
D. Impoundment Period of Items Held By City. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the city for not less than thirty (30), nor more than sixty (60), calendar days from the date of impoundment.
E. Impoundment Notification. Upon impoundment of items under this section, the city manager or designee shall do all the following:
1. Take responsibility for the storage, documentation, and disposition of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
2. Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the city official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken.
3. If the city official has knowledge that the person from whom the items were taken is not the owner, the city manager or their designee shall make reasonable efforts to identify the owner. If the owner is identified, the city manager or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within: (A) thirty (30) calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code; and/or (B) sixty (60) calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable thirty (30) or sixty (60) calendar days, the person may do one of the following:
i. Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
ii. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
iii. Notify the city in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the city to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the city that they are unable to either retrieve the items within the applicable thirty (30) or sixty (60) calendar days, or have an authorized person retrieve the items, the city shall hold the items for not longer than ten (10) additional months, after which time the city may dispose of the items in accordance with the disposal provisions of this code or any other applicable county or state law.
b. Pursuant to state law, the city shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
F. Appeal of Impoundment. An aggrieved sidewalk vendor may, within fifteen (15) calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before city manager or their designee pursuant to the procedures described in Section 5.12.120 of this chapter and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.
G. Recovery of Impounded Items and Payment of Impound Fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.
H. The city council may by resolution adopt impound fees, which shall reflect the city's personnel, enforcement, investigation, storage, disposal, and impound costs.
I. Unclaimed Items. Any unclaimed items will be considered abandoned and forfeited to the city after: (A) thirty (30) calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code; and/or (B) sixty (60) calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable city, county, or state law.
J. The city manager is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter. (Ord. 444 § 1, 2024)