Ordinance Number 804e
ORDINANCE NO. 804
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE BY
ADDING CHAPTER 28 ENTITLED "REGULATION OF PUSHCART
VENDORS"
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Chapter 28, entitled "Regulation of Pushcart Vendors," is hereby added to Title 5,
"Public Welfare," of the San Juan Capistrano Municipal Code to read as follows:
"Chapter 28. Regulation of Pushcart Vendors
Sec. 5-28.01. Findings and Intent.
(a) Pushcart vendors whose products are carried for the purpose of retail sale present
a significant threat to the health and safety of the public in that: (1) the pushcart vendors trespass
on private property; (2) the pushcart vendors utilize audible devices at all hours of the day and
evening, thereby destroying the peace and quiet of residential neighborhoods; (3) pushcart vendors
pose traffic hazards by interrupting traffic circulation on public streets and private driveways; and,
(4) the pushcart vendors operate their vending in a manner constituting a significant threat to the
health, safety and welfare of the public.
(b) Pushcart vending operations on sidewalks, parkways and other public property are
hereby declared to be a public nuisance which may be prohibited in the City and subject to
abatement actions.
(c) The prohibition of all pushcart vendors in the City will protect the health, safety
and welfare of the public.
Sec. 5-28.02. Pushcart Vendors Prohibited in Public Rights -of -Way.
No person, firm, entity or corporation shall sell or offer for commercial sale any product
from any portable box, stand, bag, basket, bucket, ice chest, shopping cart, wagon, cart, non -
motorized vehicle, or any other similar wheeled container on any public street, alley, parkway,
sidewalk, park or other public area.
Sec. 5-28.03. Impounding of Evidence.
All police officers and code enforcement officers of the City of San Juan Capistrano are
authorized and empowered to remove or cause to be removed and stored all devices operated,
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lodged, caused to be lodged or left parked upon any sidewalk, alley, parkway, public street,
public parking lot or other public property area contrary to the provisions of this Chapter.
Sec. 5-28.04. Special Activities Permit Exceptions.
Notwithstanding the prohibition against pushcart vending in public rights-of-way set forth
in Section 5-28.02, the City Council reserves the right to grant a special activities permit allowing
such vending under special circumstances such as special events providing that the activity will
not be detrimental to the public health, welfare, and safety of the community. A special activities
permit application shall be filed with the Planning Department and set for review with the City
Council. The Council reserves the right to approve, conditionally approve or deny said
application."
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase
or portion of this Ordinance, or the application thereof to any person, 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 portion of this Ordinance or its application to other
persons. The City Council hereby declares that it would have adopted this Ordinance and each
chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases
or portions of the application thereof to any person, be declared invalid or unconstitutional. No
portion of this Ordinance shall supersede any local, state or federal law, regulation or codes
dealing with life safety factors.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published once as required by law and posted at the duly designated posting places within
the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 2nd day of
December , 1997.
GIL JONES, MAYOR
ATTEST:
Imo- - � /A _ !,Vim
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. soa which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on November 18 1997, and adopted at a
meeting held on December 2 , 1997, by the following vote:
AYES: Council Members, Swerdlin, Greiner, Hart, Campbell
and Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J06NS014, CITY CLERK
991