6449ORDINANCE NO. 6 4 4 9
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 4.10 (COMMERCIAL
SOLICITATION IN THE RESORT AREA); CHAPTER
4.52 (PEDDLERS AND SOLICITORS); CHAPTER
12.12 (STREETS AND SIDEWALKS); CHAPTER
13.08 (PUBLIC PARKS); AND, CHAPTER 14.32
(PARKING AND STOPPING) TO REGULATE
SIDEWALK VENDORS PURSUANT TO SENATE
BILL NO. 946 AND FINDING AND DETERMINING
THAT THIS ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO SECTION 15060(C)(2),
15060(C)(3) AND 15061(B)(3) OF THE STATE CEQA
GUIDELINES, BECAUSE IT WILL NOT RESULT IN
A DIRECT OR REASONABLY FORESEEABLE
INDIRECT PHYSICAL CHANGE IN THE
ENVIRONMENT BECAUSE THERE IS NO
POSSIBILITY THAT IT MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT AND BECAUSE
IT IS NOT A PROJECT AS DEFINED IN SECTION
15378 OF THE CEQA GUIDELINES.
WHEREAS, the Legislature delegates to local governments the authority to regulate any
type of vending as well as the time, place and manner of vending from vehicles on streets within
their jurisdiction; and
WHEREAS in accordance with this authority, the City Council of the City of Anaheim
("City Council") has adopted provisions of the Anaheim Municipal Code that regulate peddlers
and solicitors in the City of Anaheim; and
WHEREAS, the Anaheim Municipal Code defines a "peddler or solicitor" as any person
traveling by foot, vehicle, or other type of conveyance, from place to place or from door to door
or at any temporary, stationary location on public property, and carrying, displaying, conveying,
transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products,
fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser
thereof, and
WHEREAS, on September 17, 2018, the Governor signed Senate Bill No. 946 (2017-2018
Reg.Sess.) ("SB 946") prohibiting local agencies such as the City of Anaheim from regulating
sidewalk vendors except in accordance with its provisions, which are codified in Government
Code Sections 51038 and 51039; and
WHEREAS, the City of Anaheim is not required to adopt a new program regulating
sidewalk vendors if its existing program substantially complies with SB 946; and
1
WHEREAS, SB 946 defines a "Sidewalk vendor" as 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 pedestrian path.
WHEREAS, as a result, SB 946 restricts the City's ability to regulate peddlers and
solicitors on public sidewalks and other pedestrian paths in the City of Anaheim; and
WHEREAS, the City Council has the authority to enact and enforce ordinances and
regulations for the public peace, morals and welfare of the City of Anaheim and its residents; and
WHEREAS, on December 12, 2000, the City Council adopted Ordinance No. 5750 and
prohibited Sidewalk vendors generally within the Anaheim Resort and specifically on the
following public streets and sidewalks: (1) Ball Road, from west side of Walnut Street to Palm
Street east of Harbor Boulevard; (2) Disney Way, from Harbor Boulevard to the east side of
Clementine Street; (3) Katella Avenue, from Walnut Street to the east side of Clementine Street,
except for the south side of Katella Avenue between Walnut Street and West Street; (4) Convention
Center Drive, from Katella Avenue to the south side of Convention Way; (5) Convention Way,
from West Street/ Disneyland Drive to the east side of Harbor Boulevard; (6) Convention Center
Walkway, from Katella Avenue to the south side of Convention Way; (7) West Street/ Disneyland
Drive, from Cerritos Avenue to the south side of Katella Avenue; (8) Harbor Boulevard, from Ball
Road, to the south side of Convention Way; and (9) Manchester Avenue, from Harbor Boulevard;
and
WHEREAS, Ordinance No. 5750 substantially complies with SB 946 because its
regulation of Sidewalk vendors was based on findings of City Council that restricting the time,
place, and manner of vending on the designated public streets and sidewalks was necessary to
preserve and protect the safety and welfare of the public from the impacts of vendor sales; and
WHEREAS, the City of Anaheim owns the Anaheim Arena, an approximately 19,000 -seat
arena that is home to the Anaheim Ducks of the National Hockey League and located at 2695 East
Katella Avenue in Anaheim, California (the "Honda Center"). The Honda Center and its
surrounding parking lots are bounded by Katella Avenue to the south, and State Route 57 ("SR
57") to the west; and
WHEREAS, the City also owns Anaheim Stadium, an approximately 46,000 -seat
baseball stadium that is home to the Los Angeles Angels of Anaheim, a Major League Baseball
Team located at 2000 Gene Autry Way in Anaheim, California ("Angel Stadium of Anaheim").
Angel Stadium of Anaheim and its surrounding parking lots are roughly bounded by Katella
Avenue to the north, SR 57 to the east, Orangewood Avenue to the south and State College
Boulevard to the west; and
WHEREAS, the City also owns The Grove of Anaheim, an indoor, live music and event
center at 2200 East Katella Avenue ("The City National Grove of Anaheim"), which is adjacent
to the Angel Stadium of Anaheim and Interstate 5; and
2
WHEREAS, the Anaheim Regional Transportation Intermodal Center (ARTIC) services
the Metrolink of Orange County Line and Amtrak Pacific Surfliner and is located adjacent to the
Honda Center, the Angel Stadium of Anaheim, The City National Grove of Anaheim, and is south
of Katella, west of SR 57 and accessed through Douglass Road gate at the northeast corner of the
parking lot of the Angel Stadium of Anaheim; and
WHEREAS, the Honda Center, Angel Stadium of Anaheim and The City National Grove
of Anaheim are all located on major and primary arterial roadways and are adjacent to a 10 -lane
freeway. On days of events, there is heavy vehicular and pedestrian traffic on the adjacent public
right-of-way before, during and after events. Furthermore, is not uncommon for events to be held
at the Honda Center, Angel Stadium of Anaheim and The City National Grove of Anaheim
simultaneously; and
WHEREAS, before, during and after events at the Honda Center and Angel Stadium of
Anaheim, the City utilizes a variety of traffic control systems to promote mobility and safety
notwithstanding the high volume of pedestrian and vehicular traffic on sidewalks and the public
right-of-way. These systems include the use of Traffic Management Control Operators to adjust
and synchronize traffic lights and the deployment of Anaheim Police Department safety officers
to control and direct pedestrian and vehicular traffic to promote pedestrian and vehicular mobility
during events; and
WHEREAS, based on the physical characteristics of the sidewalks adjacent to the Honda
Center, Angel Stadium of Anaheim, The City National Gove of Anaheim, and their respective
parking areas, the presence of vendors on sidewalks and pedestrian paths within certain areas
adjacent to the Honda Center and Angel Stadium of Anaheim before, during and after events would
obstruct such sidewalks thereby jeopardizing the safe and convenient circulation of the large
number of pedestrians and motorists who utilize the streets and sidewalks in areas adjacent to the
Honda Center, Angel Stadium of Anaheim and The City National Grove; and
WHEREAS, in order to promote mobility and safety of pedestrians and vehicles at all
times, the City Council has determined that prohibiting persons from engaging in sidewalk vending
two hours before, during and two hours after events at the Honda Center, Angel Stadium of
Anaheim, and The City National Grove of Anaheim is necessary to preserve and protect the health,
safety and welfare of the public; and
WHEREAS, City Council now desires to amend the provisions of the Anaheim Municipal
Code to implement SB 946 pursuant to the City's police power, as granted broadly under Article
XI, Section 7 of the California Constitution; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public peace, health, safety
and/or welfare of the community, is a valid exercise of local police power and is in accordance
with the public purposes and provisions of applicable State and local laws and requirements; and
3
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA
Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change
in the environment, because there is no possibility that it may have a significant effect on the
environment, and because it is not a "project," as that term is defined in Section 15378 of the State
CEQA Guidelines; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 4.10.010 (Vending Prohibited in Designated Areas) of Chapter
4.10 (Commercial Solicitation in the Resort Area) of Title 4 (Business Regulation) of the Anaheim
Municipal Code be, and the same is, amended to read in full as follows:
4.10.010 VENDING PROHIBITED IN DESIGNATED AREAS.
.010 Notwithstanding any ordinance to the contrary, it is unlawful for any person to (i) permit
to remain, or hereafter erect or place any permanent or temporary apparatus, structure, device,
object or thing including, but not limited to, furniture, equipment, tent, stand, stall, booth,
showcase, vending machine, post, pole, board, frame, table, bench, booth, chair, rack, pushcart,
barrel, box, ware, good, merchandise, brick, stone, lumber or any other similar apparatus, structure,
device, object or thing of any kind or description, other than a newsrack subject to the provisions
of Chapter 4.82 (Newsracks on Public Rights -of -Way); (ii) sell or offer for sale, rent or offer for
rent, or giveaway or offer to giveaway, any goods, wares, merchandise, product samples,
foodstuffs, refreshments or other kinds of property or services, or (iii) hold, conduct or engage in
any street performance or act including, but not limited to, playing musical instruments, singing,
dancing, acting, pantomiming, puppeteering, juggling, reciting, or creating visual art, on the
following designated public streets and sidewalks within the City of Anaheim.
.0101 Ball Road, from the west side of Walnut Street to Palm Street east of Harbor
Boulevard.
0102 Disney Way, from Harbor Boulevard to the east side of Clementine Street.
.0103 Katella Avenue, from Walnut Street to the east side of Clementine Street, except for
the south side of Katella Avenue between Walnut Street and West Street.
.0104 Convention Center Drive/Convention Center Walkway, from Katella Avenue to the
south side of Convention Way.
0
0105 Convention Way, from West Street to the east side of Harbor Boulevard.
0106 West Street/Disneyland Drive, from Magic Way to the south side of Katella Avenue.
.0107 Harbor Boulevard, from Ball Road, to the south side of Convention Way.
.0108 Manchester Avenue, from Harbor Boulevard to 600 feet easterly of Harbor
Boulevard.
.020 The first violation of subsection .010 of this section by any person other than a person
engaged in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit,
as those term are defined in Chapter 4.52, shall be punishable as an infraction in accordance with
applicable provisions of the California Penal Code and the California Government Code. The
second and all subsequent violations of said subsection .010 committed by such person shall be
punishable as a misdemeanor.
.0201 A violation of subsection .010 of this section by any person engaged in the business of
being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit, as those terms are defined
in Chapter 4.52, shall be enforced in accordance with the procedures set forth in Chapter 1.20
(Civil Citations) of this code, relating to the issuance of citations, imposing of administrative fines,
right to appeal, and the right to an administrative hearing. Each person who violates any provision
of this chapter shall be subject to the imposition and payment of an administrative fine(s) as
provided below:
Number of Offenses in One -Year Period
Amount of Administrative Penalty
First
$100.00
Second
$200.00
Third
$500.00
SECTION 2. That Section 4.52.050 (Sidewalk Vendors) be added to Chapter 4.52
(Peddlers and Solicitors) of Title 4 (Business Regulation) of the Anaheim Municipal Code to read
in full as follows:
4.52.050 SIDWALK VENDOR PERMIT REQUIRED
010 DEFINITIONS
The definitions contained in this section shall govern the construction, meaning and application
of words and phrases used in this section.
.0101 "Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place to place
and stops only to complete a transaction.
.0102 "Sidewalk Vendor" means a person who sells food or merchandise from a pushcart,
stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or
from one's person, upon a public sidewalk or other pedestrian path. The term "Sidewalk Vendor"
includes both roaming and stationary vendors.
.0103 "Sidewalk Vendor Permit" means a permit issued by the City of Anaheim authorizing
a person to engage in the business of being a Sidewalk Vendor.
.0104 "Stationary Sidewalk Vendor" means a sidewalk vendor who vends from a fixed
location.
020 SIDEWALK VENDOR'S PERMIT REQUIRED.
No person not otherwise excepted by law shall engage in the business of being a Sidewalk
Vendor without first obtaining a permit therefor.
030 SIDEWALK VENDOR'S PERMIT APPLICATION.
No permit to engage in the business of being a solicitor shall be issued except upon the
satisfactory completion of an application therefor on forms supplied by the Revenue Manager.
Said application shall include the name of the applicant; the address of the applicant; the address
designated and agreed to by the applicant for receipt of notices from the City; a passport size
photograph of the applicant; a description of the goods, wares or services to be offered for sale;
proof of a valid California Department of Tax and Fee Administration seller's permit; the
applicant's social security number or federal or state employer's identification number or tax
identification number or California driver's license or California identification number; the
applicant's former residence or places of business for a period of five years preceding the date of
the application, and a list of any convictions of the applicant for a felony or misdemeanor involving
moral turpitude for the previous five years. The application shall be signed by the applicant under
penalty of perjury and shall be accompanied by a fee in an amount established by the Revenue
Manager. The Revenue Manager may utilize the service of the Anaheim Police Department to
investigate and verify the facts set forth in the application. Any social security number, California
driver's license number or identification number submitted with the permit application shall not
be disclosed except as required for administrative purposes or to comply with a state law or state
or federal court order.
The requirement of a Sidewalk Vendor permit under this section shall be in addition to the
requirement for a business license from the City of Anaheim and any additional licenses required
by other state or local agencies, including but not limited to any permit required by the Orange
County Health Care Agency.
040 Revocation of Sidewalk Vendor Permit.
Col
.0401. Upon the fourth violation of any provision of this Code regulating sidewalk vending
within the term of the Sidewalk Vendor Permit, the Revenue Manager may revoke the Sidewalk
Vendor Permit granted to any person upon a finding that such person has violated any provision
of this chapter. The Revenue Manager may also revoke the Sidewalk Vendor Permit granted to
any person upon a finding that such person has made a material misrepresentation on his or her
Sidewalk Vendor Permit application
.0402 No permit shall be revoked until after a hearing has been held before the City
Manager or designee to determine good cause for such revocation. Notice of such hearing shall be
given in writing and served at least ten days prior to the date of the hearing thereon. The notice
shall state the ground for the proposed revocation and shall state the time and place where such
hearing will be held.
.0403 Said notice shall be served upon the permit holder by delivering the same to such
person or by leaving such notice at the place of business of the permit holder during usual business
hours, with the person who is apparently in charge thereof, or at the residence of the permit holder,
in the custody of a person of suitable age and discretion. In the event the permit holder cannot be
found and the service of such notice cannot be made in the manner herein provided, a copy of such
notice shall be mailed, postage fully prepaid, addressed to the permit holder at the address
designated by the permit holder on the Sidewalk Vendor Permit application as the address for
receipt of notices from the City at least ten (10) working days prior to the date of such hearing.
.0404 After said hearing, the City Manager or his or her designee shall render a written
decision within thirty (30) working days from the date the matter is submitted for decision. The
action of the City Manager or his or her designee shall be final and conclusive
SECTION 3. That Section 4.52.060 (Unlawful Conduct by Sidewalk Vendors) be added
to Chapter 4.52 (Peddlers and Solicitors) of Title 4 (Business Regulation) of the Anaheim
Municipal Code to read in full as follows:
4.52.060 UNLAWFUL CONDUCT BY SIDWALK VENDORS.
.010 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor
as defined in this chapter in or upon the grounds of any stadium, convention center, government
office building, police station, fire station library or other public facility owned or operated by the
City of Anaheim except with the prior written consent of the City of Anaheim.
.020 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor
on any of the following public streets and sidewalks within the City of Anaheim two (2) hours
before, during and two (2) hours after events at Angel Stadium of Anaheim, the Honda Center and
The City National Grove of Anaheim:
.0201 Orangewood Avenue, from west side of State Route 57 to 300 feet west of State
College Boulevard.
7
.0202 State College Boulevard, from 300 feet south of Orangewood Avenue to the north
side of Katella Avenue.
.0203 Katella Avenue, from the west side of State College Boulevard to the Santa Ana
River Trail.
.0204 Douglass Road, from the entrance to the Angel Stadium of Anaheim to Cerritos
Avenue.
.0205 Dupont Drive.
0206 Rampart Street from Orangewood Avenue to Dumaine Street.
.0207 Gene Autry Way from South Chris Lane to the entrance of the Angel Stadium of
Anaheim.
030 Stationary Sidewalk Vending is prohibited in any location zoned exclusively residential.
.040 Sidewalk vending is prohibited in areas located within the immediate vicinity of a permitted
certified farmers' market or a permitted swap meet during the limited hours of that certified
farmers' market or swap meet. A "certified farmers' market" means a location operated in
accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and
Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a
location operated in accordance with Article 6 (commencing with Section 21600) of Chapter 9 of
Division 8 of the Business and Professions Code, and any regulation adopted pursuant to that
article.
.050 Sidewalk vending is prohibited within the immediate vicinity of an area designated for a
temporary special permit, provided that any notice, business interruption mitigation, or other rights
provided to affected businesses or property owners under the local authority's temporary special
permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if
applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the
local authority for the temporary use of, or encroachment on, the sidewalk or other public area,
including, but not limited to, an encroachment permit, special event permit, or temporary event
permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A
prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited
duration of the temporary special permit.
.060 Sidewalk Vendors shall maintain sanitary conditions and contain all refuse until properly
disposed of by the Sidewalk Vendor.
.070 Sidewalk Vendors shall comply with the federal American with Disabilities Act of 1999
and other disability access standards, including but not limited to allowing for a minimum width
of at least thirty-six (36) inches of accessibility on any sidewalk.
080. Sidewalk Vendors shall comply with all other generally applicable laws.
.090 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor
as defined in this chapter without having in his or her possession a valid permit issued under the
provisions of this section and a valid business license issued by the City of Anaheim pursuant to
this Code.
.100 Any violation of subsections 4.52.060.010 -.080 shall be enforced in accordance with the
procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to the issuance of
citations, imposing of administrative fines, right to appeal, and the right to an administrative
hearing, and shall be subject to the imposition and payment of administrative fine(s) as provided
below:
Number of Offenses in an One -Year Period
Amount of Administrative Penalty
First
$100.00
Second
$200.00
Third
$500.00
.101 A violation of subsection 4.52.060.090 as well as engaging in the business of being a
Sidewalk Vendor without a valid Sidewalk Vendor Permit in violation of Chapters 4.10, 12.12,
13.08 or 14.32 of this Code, shall be enforced in accordance with the procedures set forth in
Chapter 1.20 (Civil Citations) of this code, relating to the issuance of citations, imposing of
administrative fines, right to appeal, and the right to an administrative hearing, and subject to the
imposition and payment of administrative fine(s) as provided below:
Number of Offenses in an One -Year Period
Amount of Administrative Penalty
First
$250.00
Second
$500.00
Third
$1,000.00
.102 If a person issued an administrative citation meets the criteria described in (a) or (b) of
Government Code Section 68632, the Revenue Manager shall accept, in full satisfaction, twenty
(20) percent of the administrative fine imposed pursuant to this section.
.103 A notice of a violation of this section 4.52.060 shall include notification to the person cited
that he or she may request an ability -to -pay determination and a corresponding reduction in a fine
assessed under this section, including instructions for making such a request. Upon receipt of such
I
an ability to pay request, the Revenue Manager or his or her designee shall hold a hearing in
accordance with this section.
.104 To request an ability -to -pay determination, a person issued an administrative citation
shall file with the City a signed application in a form prescribed by the Revenue Manager,
specifying the citee's ability to pay the assessed fines. The Revenue Manager shall provide
notice to the citee of the time, date and place that his/her ability to pay request shall be heard,
which hearing date shall not be sooner than ten (10) days following the date notice of such
hearing is given to the citee. The citee shall personally appear at the hearing and provide
evidence sufficient to establish his or her inability to pay the assessed fine. Failure of the citee to
personally appear at the hearing shall constitute an abandonment of the application for an ability -
to -pay determination.
.105 Following conclusion of the hearing on the ability to pay request, the Revenue Manager
or his or her designee shall issue a written decision and specifying the amount of the fine
imposed and the reasons therefore, including the citee's ability to pay. The Revenue Manager
may allow the citee to complete community service in lieu of paying the administrative fine, may
waive the administrative fine or may offer an alternative disposition.
SECTION 3. That Section 12.12.010 (Obstructions to Public Right -of -Way –Permit
Required) of Chapter 12.12 (Obstructions to Public Right -of -Way) of Title 12 (Streets and
Sidewalks) of the Anaheim Municipal Code be amended to read in full as follows:
12.12.010 OBSTRUCTIONS TO PUBLIC RIGHT-OF-WAY —PERMIT REQUIRED.
.010 It shall be unlawful for any person, firm or corporation to excavate or perform any
construction within, obstruct in any manner, or place any temporary, portable or permanent
structure or device within, any public right-of-way or easement, including any right-of-way or
easement, including but not limited to, any street, alley, sidewalk, or public utility easement
(hereinafter "public street"), unless such person, firm or corporation possesses a written permit
from the Director of the Public Works Department (hereinafter "Director"). For purposes of this
chapter, said permit shall be referred to as a right-of-way construction permit, regardless of
whether such permit relates to excavation, construction or obstruction in the public right-of-way.
The provisions of this section shall not apply to any person, firm or corporation undertaking
emergency repairs to existing facilities, when said person, firm or corporations complies with the
provisions of Section 12.12.070 of this chapter.
020 The provisions of this section shall not apply to:
.0201 Any person, firm or corporation undertaking emergency repairs to existing facilities,
when said person, firm or corporation complies with the provisions of Section 12.12.070 of this
chapter;
.0202 Any temporary traffic control device or measure erected, placed or maintained, or any
traffic control activity undertaken, by an officer or employee of the City of Anaheim in the
performance of such person's official duties;
10
.0203 Any temporary street closure for a block party as approved by the Traffic and
Transportation Manager, or any other obstruction or street closure approved or authorized pursuant
to any other provision of this Code, or any policy or regulation adopted by the City Council;
.0204 Any vehicle stopped, standing or parked upon any public street, which vehicle is
authorized for use upon a public street pursuant to the California Vehicle Code, and which vehicle
is stopped, standing or parked in compliance with all applicable provisions of this Code and the
California Vehicle Code;
.0205 Any refuse receptacle or other device during the period such device is authorized to be
placed or located within a public right-of-way pursuant to any provision of law; or
.0206 Any person on a sidewalk or pedestrian path within the public right-of-way engaged
in the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor Permit issued by
the City of Anaheim pursuant to Chapter 4.52 of this Code.
.030 Notwithstanding any other provision of this Code, the first violation of any provision of
this section by any person within any twelve-month period shall be punishable as an infraction in
accordance with applicable provisions of the California Penal Code and California Government
Code. The second and all subsequent violations of this section by said person occurring within any
twelve-month period, whether such violation is of the same or a different provision of said section,
shall be punishable as a misdemeanor. (Ord. 5582 § 1 (part); November 19, 1996; Ord. 5942 § 2;
September 28, 2004.)
SECTION 4. That Section 13.08.020.170 (Prohibited Conduct Generally) of Chapter 13.08
(Public Parks) of Title 13 (Parks and Boulevards) of the Anaheim Municipal Code be amended to
read in full as follows:
.170 To sell or offer for sale any merchandise, article or thing, whatsoever, without first
obtaining permission from the City Council or a permit from the Community Services Department
so to do unless authorized to engage in the business of being a Sidewalk Vendor pursuant to a valid
Sidewalk Vendor Permit issued by the City of Anaheim pursuant to Chapter 4.52 of this Code. A
Stationary Sidewalk Vendor, as that term is defined in Chapter 4.52, is prohibited from vending in
a Public park that is subject to a concessions agreement that exclusively permits the sale of food
or merchandise in that Public Park.
SECTION 5. That Section 13.08.020.230 be added to Section 13.08.020 (Prohibited
Conduct Generally) of Chapter 13.08 (Public Parks) of Title 13 (Parks and Boulevards) of the
Anaheim Municipal Code to read in full as follows:
.230 A violation of subsection .170 by a person engaged in the business of being a Sidewalk
Vendor pursuant to a valid Sidewalk Vendor Permit shall be enforced in accordance with the
procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to the issuance of
citations, imposing of administrative fines, right to appeal, and the right to an administrative
hearing. Each person who violates subsection .170 shall be subject to the imposition and payment
of administrative fine(s) as provided below:
11
Number of Offenses in One -Year Period
Amount of Administrative Penalty
First
$250.00
Second
$500.00
Third
$1,000.00
SECTION 6. That Section 13.08.070 (Sale of Goods Near Public Parks) of Chapter 13.08
(Public Parks) of Title 13 (Parks and Boulevards) of the Anaheim Municipal Code be amended to
read in full as follows:
13.08.070 SALE OF GOODS IN NEAR PUBLIC PARKS.
Unless engaged in Sidewalk Vending pursuant to a valid Sidewalk Vendor Permit issued
by the City of Anaheim pursuant to Chapter 4.52 of this Code, it shall be unlawful for any person
or persons to sell, expose for sale or offer to sell in or along any public street, lane or thoroughfare
adjoining or approaching any public park in the City of Anaheim within two hundred feet of said
park, any goods, wares or merchandise of any kind whatsoever
SECTION 7. That subsection .020 of Section 14.32.3 10 (Sale of Goods or Merchandise
by Vehicle) of Chapter 14.32 (Parking and Stopping) of Title 14 (Traffic) of the Anaheim
Municipal Code be amended to read in full as follows:
.020 Sales from Human Powered Devices Prohibited. Except for any person engaged in
the business of being a Sidewalk Vendor pursuant to a valid Sidewalk Vendor's Permit, it is
unlawful for any person to sell or offer for sale, or operate a human powered device or conduct
any business for the purpose of causing the sale of or offering for sale, any goods or merchandise
from any human powered device parked, stopped, or standing upon any public street, alley,
parkway, sidewalk or other public property in the City of Anaheim.
SECTION 8. That Section 14.32.320 (Citations for Violations of Title) of Chapter 14.32
(Parking and Stopping) of Title 14 (Traffic) of the Anaheim Municipal Code be amended to read
in full as follows:
.010 All police officers, police cadets, traffic control officers, police service
representatives, volunteers designated by the Chief of Police, Stadium and Convention Center
security guards, City code enforcement officers or parking checkers employed by firms hired by
the City of Anaheim to enforce parking regulations of the City of Anaheim are authorized to give
citations to any and all persons violating any of the provisions of this Anaheim Municipal Code
title and any such citation shall be deemed to be a civil complaint charging violations of this title
and requiring payment of the penalty set forth therein.
12
.020 A violation of section 14.32.310.020 by a Sidewalk Vendor shall be enforced in
accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this code, relating to
the issuance of citations, imposing of administrative fines, right to appeal, and the right to an
administrative hearing. Each person who violates section 14.32.310.020 shall be subject to the
imposition and payment of administrative fine(s) as provided below:
Number of Offenses in One -Year Period
Amount of Administrative Penalty
First
$100.00
Second
$200.00
Third
$500.00
All other violations of this section shall be processed as civil penalties in accordance with
California Vehicle Code Sections 40200 et seq., or any successor provision thereto.
SECTION 9. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be
invalid, it is the intent of the City Council that it would have passed all other portions of this
ordinance independent of the elimination here from of any such portion as may be declared invalid.
SECTION 10. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any other ordinance of this City
shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty
or the penal provisions applicable to any violation thereof. The provisions of this ordinance,
insofar as they are substantially the same as ordinance provisions previously adopted by the City
relating to the same subject matter, shall be construed as restatements and continuations, and not
as new enactments.
SECTION 11. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this ordinance and shall cause this ordinance or
a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
13
SECTION 12. EFFECTIVE DATE.
This Ordinance shall take effect and be in full force thirty (30) days from and after its final
passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 13a` day of November 2018, and thereafter passed and adopted
at a regular meeting of said City Council held on the 20' day of November 2018, by the following
roll call vote:
AYES: Mayor Tait and Council Members Moreno, Murray, Barnes, and Faessel
NOES: Council Members Vanderbilt, and Kring
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
ATT ST:
CITY CLERK OF THE CITY OFA AHEIM
130052v4/LM
14
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6449 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 13th day of November and was duly passed and adopted at a regular
meeting of said City Council held on the 201h day of November, 2018 by the following vote of the
members thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Barnes, and Faessel
NOES: Council Members Vanderbilt, and Kring
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 21St day of November 2018.
(SEAL)
Anaheim Bulletin
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806
714-796-2209
5190168
ANAHEIM,CITY OF/CLERKS OFF
200 S ANAHEIM BLVD STE 217
ANAHEIM, CA 92805-3820
449 CAO-#130273-v1-Summary_Ord_Sidewal
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA,
SS.
County of Orange
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the above -entitled matter. I
am the principal clerk of the Anaheim Bulletin, a
newspaper that has been adjudged to be a newspaper of
general circulation by the Superior Court of the County of
Orange, State of California, on December 28, 1951, Case
No. A-21021 in and for the City of Anaheim, County of
Orange, State of California; that the notice, of which the
annexed is a true printed copy, has been published in
each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to wit:
11/29/2018
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true
and correct:
Executed at Anaheim, Orange County, California, on
Date: November 29, 2018.
Signa ure
PROOF OF PUBLICATION
Legal No. 0011204991
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6449
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 4.10 (COMMERCIAL
SOLICITATION IN THE RESORT AREA);
CHAPTER 4.52 (PEDDLERS AND SOLICITORS);
CHAPTER 12.12 (STREETS AND SIDEWALKS);
CHAPTER 13.OB (PUBLIC PARKS); AND,
TO
CHAPTER
REGULATE(PARKING SIDEWALKD STOPPING)
VENDORS
PURSUANT TO SENATE BILL NO. 946 AND
FINDING AND DETERMINING THAT THIS
ORDINANCE IS NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO SECTION
15060(C)(2), 15060(C)(3) AND 15061(B)(3) OF
THE STATE CEQA GUIDELINES, BECAUSE
IT WILL NOT RESULT IN A DIRECTOR
REASONABLY FORESEEABLE INDIRECT
PHYSICAL CHANGE IN THE ENVIRONMENT
BECAUSE THERE IS NO POSSIBILITY
THAT IT MAY HAVE ASIGNIFICANT EFFECT
ON THE ENVIRONMENT AND BECAUSE IT
IS NOT A PROJECT AS DEFINED
Phis ordinance amends Chapters 4.10 (Commercial Solicitation in the
2esort Area); 4.52 (Peddlers and Solicitors); 12.12 (Streets and Side-
valks); 13.08 (Public Parks); and 14.32 (Parking and Stopping) to
egulate sidewalk vendors process as authorized by Senate Bill No.
?46 (Reg. Sess. 2017-18 and implement an administrative -fine only en-
'orcement process as required by State law.
Linda N. Andol, City Clerk of the City of Anaheim, do hereby certi-
�y that the foregoing is a summary of Ordinance No. 6449, which ordi-
iance was introduced at a regular meeting of the City Council of the
Zity of Anaheim on the 13th day of November, 2018 and was duly
Dossed and adopted at a regular meeting of said Council on the 20th
Jay of November, 2018 by the following roll call vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Barnes,
and Foessel
NOES: Council Members Vanderbilt, and Kring
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the subject matter con-
tained in the text of Ordinance No. 6449, which has been prepared Pur-
suant to Section512 of the Charter of the City of Anaheim. This sum-
mary does not include or describe every provision of the ordinance
and should not be relied on as a substitute for the full text of the ordi-
nance.
To obtain a copy of the full text of the ordinance, please contact the
Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM,
Monday through Friday. There is no charge for the copy.
130273/ LM
Published in: Anaheim Bulletin November 29, 2018 11204991
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6449 and was published in the Anaheim Bulletin on the 29th
day of November 2018.
CITY CLERK OF THE CITY & ANAHEIM
(SEAL)