HomeMy WebLinkAboutOrd 735 ORDINANCE NO. 735
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ADDING CHAPTER 5.82,
"REGULATIONS FOR THE OPERATION OF FOOD
TRUCKS" TO TITLE 5, "BUSINESS REGULATIONS," OF
THE CATHEDRAL CITY MUNICIPAL CODE.
WHEREAS,this ordinance is adopted pursuant to the authority granted to the
City of Cathedral City (the "City") by Section 22455 of the California Vehicle Code, which
permits local authorities to regulate the type of vending and the time, place and manner of
vending from vehicles upon the street in order to promote public safety; and
WHEREAS, there may be food trucks operating within the City presently and
it is anticipated that food trucks will increase in number in coming years; and
WHEREAS, said food trucks are not presently regulated by City ordinance;
and
WHEREAS,the operation of food trucks offers an amenity to the residents of
the City; and
WHEREAS,the operation of food trucks also has deleterious effects of other
activities within the City; and
WHEREAS, due to the taking of City funds by the State in recent years and
the serious effect thereof on the budget of the City, the City lacks the funds to provide
recreational and athletic opportunities for the residents of the City to the degree which is
desired by the residents of the City; and
WHEREAS, a number of private organizations are offering City residents, and
particularly the youth of the City,various recreational and athletic opportunities which would
not otherwise be available to the residents; and
WHEREAS, the opportunities provided by said private organizations helps to
replace and supplement the recreational and athletic opportunities provided by the City to
its residents, all to the benefit of the public health, safety, and welfare, of the City's
residents; and
WHEREAS, said private organizations rely heavily on fund raising activities to
provide financial support for the recreational and athletic opportunities which they provide;
and
WHEREAS, the fund raising activities generally involve large groups of
residents, and, in particular, children, coming and going to the fund raisers and engaging in
various games and activities, all of which cause a significant increase in foot and vehicular
traffic in the vicinity of the fund raisers; and
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WHEREAS, the presence of food trucks in the near vicinity of said fund
raisers serves to draw attendees from said fund raisers into the area of the food truck, the
sidewalk and/or into the street itself, which can cause a greater risk of accident or injury to
the attendees and passing residents; and
WHEREAS, the City Council of the City desires to adopt an ordinance which
will permit and regulate the operation of food trucks within the City while also protecting
members of public who are engaged in operating or attending the fund raising efforts of the
private organizations providing recreational and athletic opportunities to the residents of the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY DOES ORDAIN AS FOLLOWS:
Section 1. The following Chapter 5.82 is hereby added to Title 5 of the City of
Cathedral City Municipal Code:
Chapter 5.82
Regulations for the Operation
Of
Food trucks
5.82.010 DEFINITIONS.
For purposes of this chapter, the following words or phrases shall have the following
meanings:
A. "Food or food products" means any type of edible victuals or beverage.
B. "Mobile food vendor" means a person or persons that operates or assists in
the operation of a Mobile Food Facility as defined by the California Retail Food Code: "Any
vehicle used in conjunction with a commissary or other permanent food facility upon which
food is sold or distributed at retail."
C. "Vend" or"vending" means to sell, offer for sale, display, barter, exchange, or
otherwise give food or food products from a Mobile Food Facility.
D. "Vendor" means a person who vends, including an employee or agent of a
vendor.
E. "Mobile Food Facility" means any self-propelled, motorized device or vehicle
by which any person or property may be propelled or moved upon a highway, excepting a
device moved exclusively by human power, or which may be drawn or towed by a self-
propelled, motorized vehicle, from which food or food products are sold, offered for sale,
displayed, bartered, exchanged or otherwise given.
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F. "Private Organization" means any non-governmental organization engaged in
conducting, supporting, organizing or otherwise engaged in providing recreational and/or
athletic activities to residents of the City of Cathedral, and which have been declared to be
so by a resolution of the City Council of the City made, given or modified from time to time,
and providing said organization has not been removed from this category by subsequent
resolution of the City Council. As used herein, "non-governmental"shall include support or
booster organizations for activities which themselves might be undertaken under the aegis
of a school or other government organization.
5.82.020 MOBILE FOOD VENDORS IN PUBLIC RIGHT OF WAY.
A. Mobile food vendor may locate its vehicle in the public right-of-way as long as
the mobile food vendor adheres to the following standards and conditions:
B. The Mobile Food Facility is in full compliance with all parking and Vehicle
Code provisions which apply to the location at which it is parked.
C. The Mobile Food Facility does not obstruct pedestrian or vehicular traffic.
D. Vending is prohibited on the exposed street and/or traffic side of the Mobile
Food Facility.
E. The mobile food vendor shall not distribute any item from the Mobile Food
Facility in a manner that causes any person to stand in that portion of the street that is
between the vehicle and the center of the street.
F. The mobile food vendor shall not encroach onto a public sidewalk with any
part of its Mobile Food Facility or any other equipment or furniture related to the operation
of its business.
G. The mobile food vendor shall not keep, maintain or operate any Mobile Food
Facility upon any public street within five hundred feet(500') of the nearest property line of
property on which a school building is located. Said limitation shall be in force between the
hours of 7:00 a.m. and 5:00 p.m. of any school day. The limitation set forth in this
subsection will not apply on a given occasion if the school principal (or equivalent) gives
the mobile food vendor written permission to park within such lesser distance on school
property. Any permission granted by a school principal (or equivalent)shall be valid for only
one occasion unless the permission expressly states otherwise. The mobile food vendor
shall provide a copy of any authorization provided by a school principal or equivalent to the
City within five (5) days of its receipt.
H. The mobile food vendor has: (i) a valid business license from the City; (ii) a
valid vendor license from the City; and (iii) the mobile food vendor has supplied the City
with a true and correct copy of the vendor's route, showing each stop where the mobile
food vendor intends to halt for the purpose of selling or otherwise dispensing food, and the
streets or other thoroughfares which will be used to reach each stop. As a condition
precedent to the issuance of a vendor license, the City will shall require (i) a background
check on the person making the application for a vendor license as well as anyone who will
operate the mobile food facility. As used herein, "operate"shall mean: (i) any person who
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at any time drives the mobile vehicle to any stop from which food is sold or otherwise
dispensed; and/or (ii) any person who is in charge of the making or sale of food from the
mobile vehicle while said vehicle is located at a site where sales or other food dispensing
occurs.
I. The mobile food vendor has a valid permit, certificate or other required approval
from the Riverside County Department of Health.
J. All food products sold or provided from the Mobile Food Facility shall comply
with all applicable food labeling requirements established by the State of California and the
mobile food vendor must obtain all required permits, including without limitation, health
permits, to sell or provide such items.
K. No mobile food vendor shall engage in vending unless he or she maintains a
clearly designated litter receptacle in the immediate vicinity of the Mobile Food Facility,
marked with a sign requesting use by patrons. Prior to leaving the location, the mobile food
vendor shall pick up, remove and dispose of all trash generated by the mobile food
vendor's operation located within a twenty-five-foot(25') radius of the mobile food vendor's
location. This does not include picking up trash in the street in an unsafe manner.
L. The Mobile Food Facility shall not operate within twenty-five feet(25') of any
street intersection controlled by a crosswalk, traffic light, or stop sign.
M. No Mobile Food Facility shall operate within seven hundred fifty feet(750')of
any fund raising event being conducted by a Private Organization, during the conduct or
operation of such fund raising event, except with the written permission of the president or
other responsible officer of the Private Organization.
.5.82.030 COMPLIANCE WITH STATE AND LOCAL LAWS.
A. Mobile food vendors shall comply with all applicable state and local laws.
B. This chapter is not intended to be enforced against pedestrian food vendors
or against food vendors who operate human powered push carts and other non-self-
propelled vehicles. Such vendors may be regulated by other chapters in this Code of by
other state or local laws.
5.82.040 ADMINISTRATIVE CITATIONS.
Any person issued an administrative citation for violating Sections 5.82.010,
5.82.020 and/or 5.82.030 of this chapter shall for each violation be subject to (1) an
administrative fine in an amount not to exceed one hundred dollars ($100.00) for the first
citation; (2) an amount not to exceed two hundred fifty dollars ($250.00) for a second
citation issued for the same offense within a twelve-month period of the date of the first
offense; and (3) a fine in an amount to not to exceed five hundred dollars ($500.00) for a
third and any subsequent citations issued for the same offense within a twelve-month
period of the date of the first offense.
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Section 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a court
of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted
shall remain in full force and effect.
Section 3. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this ordinance is exempt from the provisions
of the California Environmental Quality Act pursuant to Title 14 California Code of
Regulations section 15061, subsection (b)(3), because there is nothing in this chapter or its
implementation that could foreseeably have any impact on the environment.
Section 4. EFFECTIVE DATE
This ordinance shall take effect thirty(30)days after its adoption by the City Council
of the City of Cathedral City.
The foregoing Ordinance was approved by a majority of the City Council and
adopted at a meeting of the City Council held on June 11, 2014 by the following vote:
Ayes: 4 -COutnciI MerMbers and TOIcs, NCK66✓ Pw Tervt Vct,Scickez
Culd Mct3oc
Noes: 95
Abstain: t; 5
Absent: I - COutric i(rvi
• a / ,
a leen DeRo=-
Mayr /
ATTEST:
•
ary Howell
City Clerk
APPROVED AS 5 0 FORM:
Charles Green
City Attorney
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