Ordinance No. 1175332
ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 16-62 OF ARTICLE X OF
CHAPTER 16 OF THE CYPRESS CITY CODE, RELATING TO
STREET AND SIDEWALK VENDOR REGULATIONS
WHEREAS, effective January 1, 2019, Chapter 6.2 of the Government Code,
commencing at Section 51036, authorized sidewalk vending and limited a local authority's
scope of regulation of vending upon a sidewalk; and
WHEREAS, the City Council desires to update the City's regulations so that it is
consistent with State law and finds that the regulations contemplated by this Ordinance
are necessary to:
1. Protect the public health, safety, and welfare;
2. Ensure the public's use and enjoyment of the City's natural resources and
recreational opportunities, including but not limited to City parks, streets,
and sidewalks;
3. Prevent undue concentration of commercial activity that unreasonably
interferes with the scenic and natural character of City parks; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth
in the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. Section 16-62, "Parking of peddler's, vendor's, etc., vehicles subject
to special provisions," of the Cypress City Code is hereby amended as follows
(strip# represents deleted language while bold italics represents added
language):
"Sec. 16-62. Parking of peddler's, vendor's, etc., vehicles subject to special
provisions.
(a) Except as otherwise provided in this section no person shall stand or park
any vehicle, wagon or pushcart from which goods, wares, merchandise,
fruits, vegetables or food stuffs are sold, displayed, solicited or offered for
sale or bartered or exchanged, or any lunch wagon or eating car or vehicle,
on any portion of any street and/or sidewalk within this city except that
such vehicles, wagons or pushcarts may stand or park only if in
compliance with all applicable laws, including but not limited to traffic
safety laws
to exceed ten (10) minutes at any one place. The provisions of this
subsection shall not apply to persons delivering such articles upon order of,
or by agreement with a customer from a store or other fixed place of
business or distribution.
(b) No sidewalk vendor shall operate within 500 feet of a certified farmers'
market, or swap meet during the operating hours of that certified
farmers' market or swap meet.
such cart shall stand.
(c) No stationary sidewalk vendor shall operate within a park owned or
operated by the City if the City has signed an agreement for
concessions that exclusively permits the sale of food or merchandise
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by the concessionaire.
(d) For the purposes of this section, the following definitions apply:
(i)
A "certified farmers' market" means a location operated in
accordance with Chapter 10.5 (commencing with Section 47000)
of Division 17 of the California Food and Agricultural Code and
any regulations adopted pursuant to that chapter.
(ii) A "swap meet" means a location operated in accordance with
Article 6 (commencing with Section 21660) of Chapter 9 of
Division 8 of the California Business and Professions Code, and
any regulations adopted pursuant to that article.
(iii) The terms "sidewalk vendor," "roaming sidewalk vendor," and
"stationary sidewalk vendor" shall have the same meaning as
those terms are defined by Government Code Section 51036, as
it may be amended from time to time.
(e) Violations by Sidewalk Vendors, Roaming Sidewalk Vendors, or
Stationary Sidewalk Vendors.
(i)
A violation of this Section 16-62 of the Cypress City Code by a
sidewalk vendor, roaming sidewalk vendor, or stationary
sidewalk vendor is only punishable by the following
administrative fines:
(1) An administrative fine not exceeding one hundred dollars
($100) for a first violation.
(2) An administrative fine not exceeding two hundred dollars
($200) for a second violation within one year of the first
violation.
(3)
An administrative fine not exceeding five hundred dollars
($500) for each additional violation within one year of the
first violation.
(ii) All administrative fines imposed pursuant to Section 16-62(e) of
the Cypress City Code shall be subject to the procedures
provided in Sections 1-12.1 and 1-12.2 of the Cypress City Code
except as follows:
(1) As provided by Government Code section 51039(c), the
City shall not assess additional fines, fees, assessments,
or any other financial conditions beyond those
authorized in Section 16-62(e)of the Cypress City Code.
This includes but is not limited to fees associated with a
hearing officer as provided under Subsection (h) of
Section 1-12.1 of the Cypress City Code and additional
delinquency penalties and interest as provided in
Subsection (k) of Section 1-12.1 of the Cypress City Code.
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334
(2) Sections 1-12.1 and 1-12.2 of the Cypress City Code shall
be applied in a manner consistent with California
Government Code sections 51036 through 51039.
(iii) All fines imposed pursuant to this Section 16-62(e) of the
Cypress City Code shall be subject to an ability -to -pay
determination as described in California Government Code
section 51039(0. Concurrently with issuing a citation for such
fines to a person, the City shall provide the person with notice
of his or her right to request an ability -to -pay determination and
shall make available instructions or other materials for
requesting an ability -to -pay determination.
(f) A violation of this Section 16-62 of the Cypress City Code by any
person who is not a sidewalk vendor, roaming sidewalk vendor, or
stationary sidewalk vendor shall be punishable as an administrative
citation, infraction, or misdemeanor pursuant to Sections 1-7, 1-12, 1-
12.1, and 1-12.2 of the Cypress City Code, as applicable.
Article 11 of Chapter 15 of the Cypress City Code shall not apply to
sidewalk vendors, roaming sidewalk vendors, and stationary sidewalk
vendors."
(g)
SECTION 3. Inconsistencies. Any provision of the Cypress City Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 4. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this Ordinance or the application of this Ordinance to
any other person or circumstance and, to that end, the provisions hereof are severable.
The City Council of the City of Cypress declares that it would have adopted all the
provisions of this ordinance that remain valid if any provisions of this ordinance are
declared invalid.
SECTION 5. Effective Date. This Ordinance shall become effective 30 days from
its adoption.
SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard.
FIRST READING at a regular meeting of the City Council of the City of Cypress held
on the 8th day of April, 2019 and finally adopted and ordgred posted at a regular meeting
held on the 22nd day of April, 2019.
MAYOR OF HE CITY OW CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of said City Council held on
the 22"d day of April, 2019, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
11,(,,Jt
CITY CLERK OF THE CITY O = CYPRESS
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