A. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not defined by this section have the meaning set forth elsewhere in this code, the California Business and Professions Code, California Vehicle Code, or California Government Code. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
B. For purposes of this chapter, the following definitions shall apply:
"Building" means a structure of a permanent nature located or constructed on a parcel of land, and shall include but not be restricted to, dwelling, hotel, apartment house, apartment, court, rooming house, boarding home for the aged, motel, cottage, house trailer, commercial establishment, store, office, plant, factory, warehouse, and similar buildings.
"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.
"City" means the city of Yucaipa.
"City council" means the city council of the city of Yucaipa.
"Employ" means retain, hire or engage.
"Fire station" means any facility where fire engines and other equipment of the Yucaipa fire department are housed within the city.
"Food" means any item provided in Health and Safety Code Section 113781, or any successor section.
"Food truck" or "truck" means any vehicle or trailer, as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of produce and/or prepared, pre-packaged or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley or highway or private street or alley within the city. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries.
"Food truck activities" or "food truck activity" means actions that qualify a person as a mobile food truck operator or actions done in anticipation of becoming a food truck operator such as, but not limited to, placement, or maintenance of any food truck.
"Food truck operator" or "operator" means any entity and all person(s) that:
1. Owns, controls, manages, and/or leases a food truck ; and/or
2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a food truck; and/or
3. Drive, operate, vend and/or prepare food in or from a food truck.
"Immediate vicinity" means the streets abutting an activity or event (and any contiguous parking areas), the sidewalks on either side of such streets, as well as any open or unoccupied space between the activity or event and the abutting streets and sidewalks.
"Park" means a public park owned or operated by the city.
"Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and/or maintaining street trees.
"Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.
"Permit" means a city of Yucaipa itinerant vendor permit issued and managed by the city department designated by the city manager in addition to any other required permits, including a general business license.
"Public property" means any real property owned, leased, operated, or controlled by the city of Yucaipa other than a street alley, parkway, sidewalk or other area dedicated, identified or used as a public right-of-way.
"Public right-of-way" means any public street, road, avenue, highway, named or unnamed alley, lane, court, place, trail, parkway, sidewalk or other public way, operated and/or controlled by the city or other public entity, or subject to an easement owned by or dedicated or granted to city. For purposes of this chapter, public right-of-way does not include parking lots owned, operated and/or controlled by the city or other public entity.
"Residential" means any area zoned or used exclusively as residential in the city.
"Sidewalk" means any portion of a highway, other than the street or roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel and that is owned by the city or other public entity, excluding any parkway.
"Special event" means a city-sponsored or city-permitted event including, but not limited to, carnivals, sporting events, fairs, art shows, and/or cultural events.
"Swap meet" means a location operated in accordance with Article 6 commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.
"Vend" or "vending" shall mean any act of soliciting, displaying, offering for sale for monetary consideration, or sale, of any goods or merchandise to the public; offering produce, prepared food, prepackaged food or nonfood sundries of any kind for sale from a food truck on a public right-of-way and/or private property and includes the movement or parking of a food truck for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. (Ord. 444 § 2, 2024)