Ord 1577 - URGENCY ORDINANCE ADDING CHAPTER 19A TO THE TOWN CODE REGULATING PUSHCARTSORDINANCE NO.' 1577
URGENCY ORDINANCE ADDING CHAPTER 19A TO THE
TOWN CODE REGULATING PUSHCARTS
The Town. Council of Los Gatos hereby ORDAINS:
SECTION 1.
Chapter 19A is added to the Town Code, as follows:
"CHAPTER 19A
Pushcarts
Article I. Purpose.
Sec. 19A.00.010 Purpose.
The Council finds and declares as follows:
(a) The operation of pushcarts as defined in this chapter an public streets
in the Town serves the general welfare, if such operation is properly regulated by
offering color, variety and convenience in shopping.
(b) Without proper regulation, the operation of pushcarts causes problems
of traffic, safety, health, unsightliness, and unfair competition.
(c) It is therefore necessary to regulate pushcarts in such a manner as to
obtain their benefits for the Town while at the same time minimizing problems.
Article II. Definitions.
Sec. 19A.05.010 Apptoved Location
An "approved location" is a site approved for location of a pushcart pur-
suant to this chapter.
Sec. 19A.05.020 Food Preparation
"Food Preparation" is the cooking; or processing of food. It does not.in-
clude assembling precooked or prepared foods or adding condiments.
Sec. 19A.05.030 Permittee
A "permittee" is any natural person, partnership, corporation, firm or
association holding a valid approved location permit hereunder. For purposes of
"this chapter, the act or emission of an agent or employee of any permittee is for
all civil purposes the act or emission of the permittee.
Sec. 19A.05.040 P ublic Way
A "public way" is all that area dedicated to public use, and shall include,
but not be limited to, roadways, parkway strips, alleys, and sidewalks.
Sec. 19A.05.050 Pushcart
(a) A "pushcart" is any non- motorized vehicle, truck, trailer, cart, wagon,
dray, conveyance or structure on wheels not firmly fixed to a permanent foundation,
which is utilized in connection with peddling, as defined in Section 19 -1.
(b) "Peddling" is the act of a peddler. See Section 19 -1 for definition
of peddler.
(c) A pushcart from which food is served shall meet the definition of a
"vehicle" for purposes of Health and Safety Code Chapter 11, Article 4.
Article Ill. Approved Location Permits.
Sec. 19A.10.010 Permit Required
No person shall operate a pushcart on a public way within the Town without
an approved location permit as provided in this chapter. Such permit shall be in
addition to any business license required by the Town and the identification permit
required by Chapter 19.
Sec. 19A.10.020 Application Process
An application for an approved location permit shall be made to the Town
Manager, and shall contain the information requested by the Manager as necessary
to fulfill the purposes of this chapter.
Sec. 19A.10.030 Considerations in Review of Applications
Applications shall be reviewed in the light of all the facts relevant to
the purposes of this chapter, including but not limited to the following:
(a) Compliance with the specific .requirements of this chapter.
(b) The goals of the general plan and any applicable specific plans.
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"(c) Autanobile and pedestrian safety, and minimum interference with parking.
(d) Avoidance of unfair competition with merchants in fixed locations.
(e) Diversity of product.
(f) Aesthetics.
Sec. 19A.10.040
Notice of Filing of Application
Within fifteen .(15) days after an application has been filed, the Town
Clerk shall publish a notice of said filing pursuant to Goverment Code Section
6061, and also post a copy of such notice in at least two conspicuous places close
to the proposed location.
Sec. 19A.10.050 Holding Period for Competing Applications
In order that the limited number of appropriate pushcart locations may be
used by those pushcarts most compatible with the goals of this chapter, it is the
intent of this chapter to promote competition for approved locations. No applica-
tion shall therefore be deemed complete under Goverment Code Section 65943 until
at least thirty (30) days after the publication of notice called for in Section
19A.10.040. If other applications are filed for the same location within thirty
(30) days of said publication, no further notice need be given. No competing
application for a given location will be accepted more than thirty (30) days after
the publication of notice hereunder.
Sec. 19A.10.060
Competing Applications
If more than one application is filed for the same location, the Manager
shall, if any pushcart is to be allowed in such location, approve the application
which the Manager determines to be most compatible with the goals and criteria of
this chapter. If applications are deemed to be equally compatible, selection shall
be made by lottery.
Sec. 19A.10.070
Duration
An approved location permit shall be issued for one (1) year. New applica-
tions for a specific location shall not be accepted until ninety (90) days prior to
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"expiration of an existing permit for that location..
Sec. 19A.10.080. Revocation.
An approved location permit may be r_evoked•at any time upon a written
determination by the Manager that the permit is being utilized in a manner contrary
to law, the goals of this chapter, or the general welfare of the Town. Prior to
such revocation, the Manager shall give the permittee written by first class
mail of his intent to revoke, and shall hold an informal hearing allowing the per-
mittee to present arguments against revocation.
Sec. 19A.10.090
Any interested party may appeal any decision of the Manager hereunder to the
Town Council by filing a written appeal within ten (10) days after the mailing of
notice of the Manager's decision to the last known address of the permittee, and
upon payment of the fee specified by Council resolution. In considering the appeal,
the Council may affirm, revoke, or modify the Manager's decision in whole or in
part, and consider any other matters it deems pertinent.
Article IV. General Pushcart Regulations.
Sec. 19A.15.010. Prohibitions.
No permit shall be issued for a location within the following areas:
(a) On private property. Outdoor display of merchandise on private property
is governed by the zoning ordinance.
(b) Immediately adjacent to residentially zoned property.
(c) Within one hundred fifty (150) feet of a business selling food for
on -site consumption, in the case of a pushcart selling food; or within one hundred
fifty (150) feet of a business selling a similar commodity in the case of a push-
cart selling commodities other than food.
(d) Within one hundred fifty (150) feet of another approved location.
(e) Within five hundred (500) feet of an elementary or junior high school.
(f) In any Town park outside the central business district as defined in the
Downtown Specific Plan.
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" Sec. 19A.15.020 Noise
No permittee shall use, play or.enploy any sound, outcry, amplifier, loud-
speaker, radio or any other instrument or device for the production of sound in
connection with the promotion of a pushcart.
Sec. 19A.15.030. No Sales to Persons in'Vehicles.
No permittee shall sell any nerchan.dise to any person who is in a motor
vehicle at the time of sale.
Sec. 19A.15.040 Food Preparation on Street Prohibited
Only ready -to -eat food is permitted. Food preparation on the street is
prohibited.
Sec. 19A.15.050 ' Cbmplian.ce with Other Laws
Every permittee shall at all times have a valid business license and peddler's
license. If food is being sold, a permit is also required under Chapter 13. Every
permittee shall also comply with Sections 28640 et seq of the California Health
and Safety Code.
Sec. 19A.:15.060
License for Sanitary Facilities
Every permittee shall be required to have a written license agreement giving
the permittee and his agents.the right to use permanent sanitary facilities located
no more than five hundred (500) feet from the approved location.
Sec. 19A .15.070 Transfer Prohibited
Permits issued under this chapter shall not be sold, assigned or transferred,
and shall cover only the permittee to whom they are issued.
Sec. 19A.15.080 EgYuipmerit other than Pushcarts Prohibited
No permittee shall employ or have any movable or permanent stands, tables,
chairs or devices other than the permitted pushcart and one chair for the permittee
situated at any approved location.
Sec. 19A.15.090 Indemnity Agreement
As a condition to receiving his permit, every permittee shall execute an
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"agreement holding the Town and its employees and agents harmless from any Liability
arising from the use of the permit.
Sec. 19A.15.100 Irisutaftce .
Every permittee, at his sole cost and expense, and during the entire term of
his permit or any renewal thereof, shall obtain and maintain all of the following
minimum insurance requirements.
(a) Comprehensive general liability insurance with a minimum of Five Hundred
Thousand Dollars ($500,000) combined single limit for bodily and property damage,
including at least the following coverages:"
(1) Premises operation.
(2) Vendor's liability.
(3) Products liability.
(b) Comprehensive automobile coverage for any and all motor vehicles used
in the conduct of the business covered by the permit, with a miniMLnn limit of Five
Hundred Thousand Dollars ($500,000) combined single limit, for bodily injury and
property damage. This coverage shall apply to all loaned, leased, hired and non -
owned motor vehicles used in the business.
(c) A workers' compensation policy, for any and all employees of the per -
mittee, including the following coverages:
(1) The statutory limit of coverage (under coverage A) for workers'
compensation.
(2) One Hundred Thousand Dollars ($100,000) liability (for coverage B),
employer's liability.
(d) All policies shall contain the following endorsements:
(1) 'The Town of Los Gatos, its employees, officers, agents, con-
tractors, and invitees, are hereby added as additional insureds -'
(2) 'This policy shall be considered primary insurance as respects
any other valid and collectible insurance the Town may possess, including any self -
" 'insured retention the Town may have, and any other insurance the Town does possess
shall be considered excess insurance only.'
(3) 'This insurance shall act for each insured and additional insured
as though a separate policy had been written for each. This, however, will not
act to increase the limit of liability of the insuring company.'
(4) 'Thirty (30) days' written notice of cancellation shall be given
to the Town of Los Gatos in the event of cancellation and /or reduction of any
nature in the coverage. Such notice shall be sent to: Town Clerk, Town Hall,
P. 0. Box 949, Los Gatos, CA 95031 (except that only endorsement (4) need be in-
cluded in the workers' compensation and employers' liability policy).'
(e) Proof of the foregoing coverage shall be in the form of properly issued
certificates of insurance with copies of all required endorsements attached thereto,
evidencing all required coverages. Evidence of insurance coverage shall be submitted
to Town Clerk, Town of Los Gatos, P. 0. Box 949, Los Gatos, CA 95031.
Article V. Temporary Permits for Special Events.
Sec. 19A.20.010 Temporary Permits Authorized in Connection with Special Events
The Town Council may, as part of its approval of any special event, authorize
the issuance of a specified number of temporary pushcart permits, not to exceed
five (5), for a specified number of days in connection therewith. In such case,
applications for temporary permits shall be submitted to the Town Manager.
with the written endorsement of the agency sponsoring the special event, and the
department shall approve the temporary permit for a specific location if it finds
that issuance of the permit will promote the purpose of this chapter. There shall
be no appeal from the denial of an application for a temporary permit.
Article VI. Enforcement.
Sec. 19A.25.010. Violation: Infraction.
Any person, firm or corporation violating any provision of this chapter shall
be guilty of an infraction.
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"Se 19A.25.020
Violation: Public Nuisance
The operation of any pushcart contrary to the terms of this chapter is hereby
declared to be a public nuisance.
Sec. 19A.25.030 Severability
If any provision or clause of this chapter or the application thereof to any
person is held to be invalid, such invalidity shall not affect the other provisions `
or applications which can be given effect without the invalid parts, and to this
end the provisions of this chapter are declared to be severable.
Article VII. Application to Existing Pushcarts.
Sec. 19A.30.010
Existing Pushcarts
Any person who is operating a pushcart with a valid business license and ped-
dler's license from the Town at the time this ordinance becomes effective, and who
files an application for an approved location permit hereunder within thirty (30)
days thereafter, shall otherwise be exempt from the provisions of this chapter until
final action has been taken on his application."
CRr'T'TnT\T 7
Section 26 -7 of the Town Code is amended to read as follows:
"Sec. 26 -7. Keeping of Goods, Wares, etc., on Street, Sidewalk, etc_, for Display, etc
No person shall keep or maintain any goods, wares or merchandise on any side-
walk, street or alley in the Town for display or any other purpose, except under
the following circumstances:
(a) While the same is actually being loaded in, or unloaded from, a vehicle
at the curb.
(b) In connection with outdoor display of merchandise by a business under
the conditions set forth in Section 4.40.030 of the Town Zoning Ordinance.
(c) In a pushcart operating under the conditions of an approved location
permit under Chapter 19A."
SECTION 3.
This ordinance shall take effect immediately, because it is for the immediate
preservation of the public peace, health, and safety, based on the following facts:
the Strawberry Festival is imminent, and unless this ordinance is in effect prior
to the festival, there is a serious risk that the festival will attract a large
number of pushcarts which, not being subject to any regulation, will cause traffic
and health problems for the Town. Within 15 days after this ordinance is adopted,
the Town Clerk shall cause it to be published once in a newspaper of general circu-
lation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the Town Council of the
Town. of Los Gatos on May 2, 1983, and adopted as an urgency ordinance by the
following vote at a regular meeting of the Town Council on May 16, 1983.
AYES: COUNCIII`EMBERS Joanne Benjamin, Terrence_J Daily,
Thomas J. Ferrito,,and Mayor Brent N. Ventura.
NOES: COUN CULMEMBERS None
ABSTAIN: COUNCIZMEMBERS Marlyn J Rasmussen
ABSENT: OOUNCIIMEMB None
SIGNED:
ATTEST:
Clerk of t e Town of s -Gatos
M