ORD 485 ORDINANCE NO. 485
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 5.28 (PEDDLERS) OF THE RANCHO PALOS
VERDES MUNICIPAL CODE TO REGULATE PEDDLING BY
REQUIRING TOILET AND HAND WASHING FACILITIES WITHIN 200
FEET OF FOOD PEDDLING FROM A MOTORIZED VEHICLE.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
ORDAIN AS FOLLOWS:
Section 1. Section 5.28.010 of Chapter 5.28 of Title 5 of the Rancho
Palos Verdes Municipal Code is hereby amended to read follows:
"5.28.010 Purpose. The purpose of Chapter 5.28 is to mitigate the negative
impacts generated by unregulated peddling. These negative impacts include, but are
not limited to: (i) an increase in the amount of litter; (ii) trampling down lawns when
peddlers trespass upon or walk across private property; (iii) an increased risk of vehicle
accidents and personal injury when peddling from motorized vehicles; (iv) invasion of
personal privacy when motorized vehicles remain parked for long periods of time in front
of a person's home or business; (v) disruption of the peaceful repose of residents when
catering trucks or other motorized or non-motorized vehicles emit sounds to gain the
attention of potential customers, (vi) an increased risk of personal injury when carrying
products through a neighborhood and exposing such items to the public for sale, and
(vii) an increased risk of unsanitary service of food or food products when toilet and
hand washing facilities are not within close proximity to the service of food or food
products."
Section 2. Section 5.28.060 of Chapter 5.28 of Title 5 of the Rancho
Palos Verdes Municipal Code is hereby amended to read follows:
"5.28.060 Manner of peddling.
(a) No peddler shall peddle any goods, wares, merchandise or food in any
park owned or operated by the City, unless specifically authorized in writing by the City
Manager. If the City Manager authorizes an individual or entity to peddle at a City park,
then any peddler who is peddling pursuant to that authorization shall maintain a copy of
the City Manager's written authorization in his or her possession while the person is
peddling on the City's property and shall present the letter of authorization, upon
request from a City official or employee or representative of the Los Angeles County
Sheriff's Department.
(b) No peddler shall peddle any goods, merchandise, wares or food from any
non-motorized vehicle on any portion of any public sidewalk or street or right-of-way.
(c) No peddler shall peddle goods, merchandise, wares or food by sitting,
standing or walking on a public sidewalk or street or upon a median or grassy
embankment within a public sidewalk or street right-of-way. This does not include
sitting or standing in a motorized vehicle that is lawfully parked on a public street and for
which the peddler has a permit and business license to peddle.
(d) No peddler shall stand or park any motorized vehicle in violation of any
City ordinance. No peddler shall stand or park any motorized vehicle for more than ten
minutes in any particular location; provided, however, that this ten-minute time period
shall not apply to a peddler who is lawfully parked and peddling goods within a City-
owned park pursuant to written authorization from the City Manager issued pursuant to
paragraph (a) of this Section 5.28.060. Regardless of the length of time parked at any
particular location, no peddler shall park within five hundred (500) feet, as measured in
any direction, of an area where he or she previously parked at the beginning of the ten-
minute period, until twenty-four hours have elapsed from the end of said ten-minute
period.
(e) No peddler using a motorized vehicle shall carry any merchandise, wares,
goods or food outside a ten-foot radius encircling the motorized vehicle.
(f) No peddler shall park or stand a motorized vehicle used for peddling in a
manner which causes a hazard to vehicular or pedestrian traffic, and no peddler shall
distribute any item from such a motorized vehicle 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.
(g) No peddler shall park a motorized vehicle on any street during the hours
of 8:00 p.m. through 7:00 a.m. of the next succeeding day.
(h) No peddler shall sell or offer for sale any food or other goods from a
motorized vehicle unless he or she maintains a clearly designated litter receptacle in the
immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to
leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse
which consists of materials originally dispensed by the peddler, including any packages
or containers, or parts thereof, used with or for dispensing such food or goods.
(i) Between 8:00 p.m. and 7:00 a.m., the peddler shall not make any outcry,
blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the
streets, alleys, parks or other public places of this City where sound is of sufficient
volume to be capable of being plainly heard upon the public sidewalks or streets, public
parks or other public places, for the purpose of attracting attention to any goods, wares,
merchandise or food which the permittee proposes to sell.
0) No peddler shall keep, maintain or operate any motorized vehicle used in
selling food products in or upon any public street or other public place within 200 feet of
the nearest property line of any property on which a public school building is located.
This prohibition will not apply if the school principal gives the peddler written permission
to park on school property to sell, give away, distribute or offer to sell any food or other
products. If the school principal authorizes an individual or entity to peddle on school
Ordinance No. 485
Page 2 of 5
property, then any peddler who is peddling pursuant to that authorization shall provide a
copy of the principal's written authorization to the City within five days of receipt of the
authorization from the principal; shall maintain a copy of the principal's written
authorization in his or her possession while the person is peddling on the school's
property and shall present the letter of authorization, upon request from a City official or
employee or representative of the Los Angeles County Sheriff's Department.
(k) No peddler shall persistently and importunately peddle any goods,
merchandise, wares or food to any member of the public after such member of the
public expresses his or her desire not to purchase anything from the peddler.
(I) No peddler shall intentionally or deliberately obstruct the free movement of
any member of the public on any public sidewalk or street or in any public place.
(m) No peddler shall peddle any items to a captive audience.
(n) No peddler shall threaten any injury or damage to any member of the
public who declines to purchase any items being peddled, if such threat, whether by
word or gesture, would make a reasonable person fearful.
(o) No peddler shall peddle or attempt to peddle to the occupants of vehicles
standing or moving upon any public street or highway. Nothing in this paragraph shall
be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.
(p) No peddler shall park or stand the motorized vehicle in violation of any
conditions included in the permit as provided under Section 5.10.100.
(q) No peddler shall peddle from any motorized vehicle which has not been
identified in the application.
(r) No peddler shall stop, stand or park any motorized vehicle in violation of
any provision of the California Vehicle Code or the Rancho Palos Verdes Municipal
Code.
(s) No peddler shall peddle any food unless the items being sold comply with
all applicable food labeling requirements established by the State of California and the
peddler has all required permits, including, without limitation, Health permits, to sell
such items.
(t) No peddler shall peddle any goods from any motorized vehicle which does
not have insurance as required under State law for operating the motorized vehicle.
(u) No peddler shall peddle any food or food product from a motorized vehicle
for immediate consumption by a customer unless the peddler and the peddler's
customers have permission to use an approved and readily available toilet and hand
washing facility that is located within two hundred feet travel distance from the location
Ordinance No. 485
Page 3 of 5
where the food or food products are offered for sale or sold. If the toilet and hand
washing facility is privately owned, the peddler shall obtain written permission from the
owner or authorized agent, and a copy of the written permission shall be kept in the
vehicle and available for inspection at all times while peddling. Written permission is not
required to use publicly owned toilet and hand washing facilities. The peddler shall
clearly post on the vehicle, within three feet of the opening in the vehicle through which
food or food products are offered for sale or sold and visible to customers, a notice
stating that (1) a toilet and hand washing facility has been made available as required
by this subsection and (2) the location of that facility. Prior to commencing peddling, the
peddler shall file a "facilities report" with the City, on a form provided by the City, listing
all toilet and hand washing facilities that the peddler will be utilizing to fulfill the peddler's
obligations under this subsection, and attach thereto a copy of each required written
permission. An approved facilities report must be on file with the City before a business
license will be issued or renewed. A revised facilities report shall be filed with the City
(1) before the peddler may utilize any toilet and hand washing facilities not itemized on
the current facilities report, and (2)within 10 days of the date permission to use a toilet
and hand washing facility is revoked, cancelled or expires. To the extent state law
imposes a stricter standard, state law shall apply."
Section 5. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, 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 remainder of this
ordinance. The City Council hereby declares that it would have adopted this ordinance,
and each and every section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
Section 6. The City Clerk shall cause this Ordinance to be posted in
three (3) public places in the City within fifteen (15) days after its passage, in
accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting, to be entered in the
Book of Ordinances of the Council of this City.
Section 7. This Ordinance shall go into effect and be in full force and
effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
Ordinance No. 485
Page 4 of 5
PASSED, APPROVED and ADOPTED this 3rd day of March 2009.
(U)a_,
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing Ordinance No. 485 passed first reading on February 17, 2009, was
duly and regularly adopted by the City Council of said City at a regular meeting thereof
held on March 3, 2009, and that the same was passed and adopted by the following roll
call vote:
Ayes: Clark, Wolowicz, Long and Stern
Noes: None
Absent: Gardiner
Abstain: None
4A-a- //1 /'
City Clerk
Ordinance No. 485
Page 5 of 5
jil!
VERDES
RANCHO
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on March 9, 2009, she caused to be posted the following document
entitled: ORDINANCE NO.485,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 5.28 (PEDDLERS) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE PEDDLING
BY REQUIRING TOILET AND HAND WASHING FACILITIES WITHIN 200
FEET OF FOOD PEDDLING FROM A MOTORIZED VEHICLE, a copy of
which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
, i
...,..,At_!.i C/A Ai/ '
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.485.doc