A. The city council hereby finds that, to promote the health, safety and welfare, restrictions on food truck activity are necessary in part to:
1. Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.
2. Ensure no interference with pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
3. Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.
4. Provide reasonable access for food truck activities in portions of the city while preserving the use and maintenance of public rights-of-way, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation services.
5. Reduce exposure to the city for personal injury or property damage claims and litigation.
6. Ensure the safe sale of food and merchandise in the public right-of-way by providing the public a simple way to ensure food truck operators prepare food safely and according to San Bernardino department of public health requirements.
7. Prevent unsanitary conditions and ensure trash and debris in the areas where vending is taking place are removed by food truck operators.
8. Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other public rights-of-way are protected while accommodating food truck equipment.
9. Protect the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles.
10. Ensure reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/ or planters, as well as access to locations used for public transportation services.
11. Mitigate the impacts of food truck activity and protect the unique characteristics of the city.
B. The city council hereby finds that the unique characteristics of the city require certain restrictions on food truck activities as follows:
1. The city council finds that food truck operators in the city seek and do draw patrons to their food and merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through crosswalks and impeding the response time of safety personnel, particularly in city parks and in residential areas. Food truck operators can also impact access to and egress from businesses. This chapter imposes reasonable time, place, and manner restrictions on food truck operators to the extent necessary to ensure the safety of food truck operators, their patrons, and the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the city;
2. The city's parks provide passive and active recreational opportunities; restrictions on food truck activity are necessary to protect the health, safety and welfare of those persons engaged in, and the spectators of, active sports activities, the recreational opportunities, as well as protect the scenic and natural character of these parks; and
3. The city seeks to preserve the peace and quiet of the residential zones of the city, by prohibiting commercial activities such as food truck activity. (Ord. 444 § 2, 2024)