HomeMy WebLinkAboutORD 01 (2019)ORDINANCE NO. 01(2019Y
AN ORDINANCE OF THE CITY OF DIAMOND BAR,
CALIFORNIA, AMENDING THE PROVISIONS OF THE
DIAMOND BAR MUNICIPAL CODE RELATED TO
STREET VENDING
WHEREAS, the State Legislature adopted Senate Bill 946, Government Code
sections 51036 et seq. (SB 946), imposing significant restrictions on the ability of cities to
regulate sidewalk vendors; and
WHEREAS, SB 946 provides that cities may not enforce regulations it may have
specific to sidewalk vendors it they are not in substantial compliance with SB 946 and/or
directly related to objective health, safety and welfare concerns; and
WHEREAS, the City has historically imposed few regulations on any type of
peddling or soliciting within the City, but finds it necessary to amend certain provisions of
its Municipal Code to ensure it is in compliance with SB 946; and
WHEREAS, in adopting this ordinance the City Council of the City of Diamond
finds that it is in substantial compliance with SB 946 and its provisions are directly related
to- objective health, safety and welfare concerns.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
SECTION 1. Section 5.04.010 of the Diamond Bar Municipal Code, entitled
"Investigation of specific businesses", subdivision (a)(10) is hereby amended to read as
follows:
°(10) Peddling -solicitation entering private property."
SECTION 2. Section 5.08.090 of the Diamond Bar Municipal Code, entitled
"Peddling—Solicitation", is hereby amended to add a new subdivision (a)(5) under
"Definitions", as follows:
°(a)(5) Sidewalk vendor shall mean a person who sells food or merchandise from
a pushcart, stand, display, pedal -drive cart, wagon, showcase, rack, or
other nonmotorized conveyance, or from one's person, upon a City sidewalk
or other City pedestrian path."
SECTION 3. Section 5.08.090(d) entitled "Operating Requirements" is repealed
in its entirety and replaced with the following;
"(d) Operating Requirements
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(1) No person shall engage in peddling or solicitation in any area of the
City which is zoned for residential uses under this Code between the
hours of 8 p.m. and 9:00 a.m.
(2) No person shall affix any object to another person, onto private
property, or public property without first receiving express permission
from such person or the owner of the property.
(3) No peddler or sidewalk vendor shall continue to engage in peddling
or solicitation directed at another person, if such person informs the
peddler or sidewalk vendor of his or her desire not to be subject to
peddling or solicitation.
(4) No person shall obstruct any street, sidewalk or other place open to
the public in a manner which interferes with the members of the
public, including those with disabilities, ability to use such facilities in
the manner for which they are intended.
(5) No person shall engage in peddling or solicitation for commercial
purposes upon any designated bike path or dirt trail.
(6) No person shall engage in peddling or solicitation for commercial
purposes upon any public property other than a sidewalk or
paved/decomposed granite path or upon any private property without
the express permission of the owner or the owner's agent.
(7) Peddlers and sidewalk vendors shall operate in a clean and sanitary
manner, be able to dispose of trash generated by their business and
at all times be in compliance with all applicable laws and if selling
food, specifically Part 7 (commencing with Section 1137001 of
Division 104 of the Health and Safety Code.
(8) Peddlers and sidewalk vendors shall not operate within a City park
during times when the City park is hosting a City -sponsored event,
or any other event that has been granted a special event permit by
the City.
(9) A sidewalk vendor who violates subdivision (d)(1), (7) or (8) of this
subdivision shall be subject to administrative fines in the amounts set
forth in Government Code section 51039. The fines set forth in
Government Code section 51039 shall be in addition to and in not
lieu of penalties that may be imposed against sidewalk vendors who
violate other generally applicable laws in this Code, including this
subdivision."
SECTION 4. Section 9.00.820 of the Diamond Bar Municipal Code, entitled
"Exceptions to divisions", is hereby amended to add a new subdivision (d) as follows:
°(d) Sidewalk vendors. This division does not prohibit solicitation upon a City
sidewalks or City pedestrian path by a `sidewalk vendor' as defined in
Section 5.08.090(e) of this Code."
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SECTION 5. Section 12.00.290 of the Diamond Bar Municipal Code, entitled
"Soliciting for selling merchandise; restrictions", is hereby amended to add a new
subdivision (5) as follows:
"(5) A sidewalk vendor who is upon a City sidewalk or City pedestrian path and
is otherwise in compliance with this Code."
SECTION 6. The adoption of this Ordinance is not a project within the meaning
of the California Environmental Quality Act in that it will not cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment.
SECTION t. if any section, clause, phrase, word or portion of this Ordinance is,
for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted this
Ordinance and each other section, clause, phrase, word or portion thereof, irrespective
of the fact that any one or more sections, subsections, subdivisions, clauses, phrases,
words, or portions thereof be declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published once within
fifteen (15) days after this Ordinance is passed and adopted in a newspaper of general
circulation, published and circulated in the City of Diamond Bar and shall post a certified
copy of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
PASSED AND ADOPTED by the Diamond Bar City Council this 15tk day of
Januar , 2019.
Carol Herrera, Mayor
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ATTEST:
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the 18th day of December, 2018 and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the 15tjin day
of January , 2019, by the following vote:
AYES: COUNCIL MEMBERS: Chou, Low, Lyons, MPT/Tye,
M/Herrera
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL. MEMBERS: None
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Tommye Ctibbins, City Clerk