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 chapter 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 chapter, 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.
"Cart" means a push cart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vendor activity.
"City" means the city of Yucaipa.
"City council" means the city council of the city of Yucaipa.
"Compact mobile food facilities/operations" means mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance.
"Employ" means retain, hire or engage.
"Feet" means feet within a radius of the location from which measurement is made.
"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.
"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.
"Impound" means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "items") because of a violation of any applicable law or regulation.
"Merchandise" means any tangible personal property that can be sold and immediately obtained from a sidewalk vendor, excluding food. Items for rent shall not be considered merchandise. Merchandise excludes any service. Tangible personal property that is given to persons who sign up for a service or in exchange for a signature and/or other personal identifying information, does not constitute "merchandise" for purposes of this chapter. Tangible personal property that is ordered for future delivery does not constitute "merchandise" for purposes of this chapter.
"Park" means a public park within the city owned and operated by the city or another public entity.
"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.
"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.
"Sidewalk vendor" or "vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other pathway, or other such meaning of term as may be ascribed by Government Code Section 51036(a) from time to time, and specifically includes compact mobile food operation when in compliance with Health and Safety Code Sections 114368.2 and 113468.4. A person who takes or solicits orders for merchandise for future delivery does not constitute a sidewalk vendor for purposes of this chapter. A person who gives tangible personal property in exchange for a signature and/or other personal identifying information or in exchange for registering for a service does not constitute a sidewalk vendor for purposes of this chapter. A sidewalk vendor may be any of:
1. "Roaming sidewalk vendor," which means a sidewalk vendor who moves from place to place and stops only to complete a transaction; or
2. "Stationary sidewalk vendor," which means a sidewalk vendor who utilizes a singular sidewalk location and does not move from place to place.
"Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement, or maintenance of any cart.
"Special event" means a 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 sidewalk vendor on a sidewalk and/or private property and includes the movement or standing of a sidewalk vendor for the purpose of searching for, obtaining or soliciting retail sales of produce, prepared food, prepackaged food or nonfood sundries. (Ord. 444 § 1, 2024)