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HomeMy WebLinkAbout1981-05-05; City Council; 6592; Petition regardin vending trucks near schools- - CITY OF CARLSBAD , AGENDA BILL NO. Ifis"9A Initial: Dept.Hd. DATE : Y 5, 1981 C. Atty. DEPARTMENT: CITY MANAGER * C. Mgr. Subject: PETITION REGARDING VENDING TRUCKS NEAR SCHOOLS Statement of the Matter A letter requesting permission to address the City Council has been received from Kathleen Heritage and John Manes regarding vending trucks near schools. A petition was also submitted asking the City Council to prohibit vendors from selling in the vicinity of schools for one hour after dismissal. A report from the Police Chief-regarding this request is attached. Exhibits 1. 1. Letter from Kathleen Heritage and John Manes, dated April 24, 1981. 2. Report from Chief of Police dated April 29, 1981. COUNCIL ACTION: ' .. 5-5- 81 Council directed the City Attorney to prepare docments placing restrictions an vending trucks near schools, to be returned at the next regular meeting. CI WE HEREBY PETITION THE CITY COUNC'IL OF SARLSBAD 'F'Q PRDHWT ~CE CREM 3~ OTHER FOOD VENDORS FROW SELL1NG WllHiW A FOUR BLOCK RADIUS OF SCHOOLS FOR A PERtOD OF ONE HOUR BEG~NEIIISG AT THE TIME OF SCHOOL oImwmic. The concern af the parents is fo% the safety of the chtidren walking de frm schoof. Ventl~.!, have caused unsafe conditions in the school parkrng lots and in the streets surrounding the schools. fats and across the. middle af busy street4, rdirhout looking, in "xhctr effort lo get to the vendors' vehicles. Children have abso delayed walking home SO Khat they mbss ",ne crossirq guards who art on dlzty for one--ha!f Rwr after school d:smiss;i1. these vendors frm selling in the viclntty OF schools for Q~V$ hour after dtmt~~ai, we feel tnese pi-~.ble~~ wi 11 be el iminated. Children have been runnim~ between cars in the patkiny By prohlbrttng Address f 1 WE HEREBY PETITION THE CITY COUNCIL OF cmsem TO PROM~BIT ICE CRW OR OTHER FOOD VENDORS FROM SELLING WITHIW A FOUR BLOCK RADIUS Of SCMObLf FOR A PERICP OF ONE HOUR BEGtNNZHG AT THE TlHE OF SCHOCL DESHiSSAL. The concern of the parerits is FoP cnc safety of the chridrtn walking Wdie frm schcro). Vendors have caused unsafe corrdicrono in the school parking iots and in the Streets surrounding the schools. Children have been ruanl~g betIrlcen cars IPZ the parking lots and across the middle of busy streets, without loukrng, it? thcrr effort ti:, get to the vendors' vsh2cles. Children have also delayed walking hone so that they n!,ss the crclssing gdards who are grc duty for onc-hdif hour after sch~oi drsrnissa?. these vendors from selling in the vicitirty of schools far me hour after dis:iirssai, we feel these pr~blems wi 11 be e! iininetcx!, By grohtui:!ng Address -- I t The concern of the parents is COP the safety of rhe chi’!dren walktng de frm schoot, Wendors have caused unsafe eclnditrom In the school parking lots and In the streets surraunding the schools. Children have been running betMeen C~FS in the parking jots and across the middle of SLJ~~ streets, ~ithwt looking, in thesr effort to get LO the vendors’ vehicles. Chiidten trave also delayed waIkinrg honte so that they m,ss &he crossi~g guards who arc nn duty for crrie-haif hour after school dismissal. By prohrbr4jr.ig these vendors from selltny in the vicsnity of schools Par one hour after dirmtssal, we feel these probients will be eliminated Add re ss -- 1. 2. 3. 4. 5 6. 7. 8. 9. '0. 11. 12. 13. 54. 15. 16. 17. 18, 19. 20. 2). 22 WE HEREBY PETITION THk CITY COUNC'rL OF CARLSBAD PO PROHIBIT ICE CREM OR OTHER FOOb VENDORS PROW SELLING WlTHIN A FOUR BLOCK RAD1US OF SCHOOLS FOR A PERIOU OF ON€ HOUR BEGINNING AT THE TIHE OF SCHOOL DbSMISSAL, The concern of the parents IS fs8 the safety of the ~h1idt-e~ walking de frdm school. Wendors have caused msipfe conditr<rrrs in the schw? parking lots and in the streets surrounding the scha);s. Children have been running between cars 9t-i the parking lots and across the middle of busy streets, ~ithout looking, in the'tr effort bo get to the vendors' vehicles, Children have also delayed waikirq home SO that they ntat45 the crossing guards who arc on duty far one-half hour after school rlIsmissa1. by proh~~ittng these vendors from selttng in the vicrnity ~f schools for one hour after $tsmlssal, vqe feel these problems wi tl be et imineted. .- 4 (”r WE HEREBY PETITION THE CITY COUNC‘IL OF CAR1.SBAD YO PROHl$lT iCE CREW OR OTHER FOOD VENDORS FROM SELLING WITHIN A FOUR BROCK RADIUS OF SCHOOLS FOR A PERiO5 OF ONE HOUR BEGrNNIHG AT THE TlHE OF SCHOOL DCSHiSSAt. The concern of the parents is f’oh the safery of the chiidrsn walktq r& from . scnool. Vendors have caused unsafe conditions in the school parking Lots and in the streets surrounding the 5ChWl5. lots and across the middle of busy streets, without looking, in their effort to get fo the uendors’ vehicles. Children have also delayed walking home so that they miss the crossing guards who are on duty fur one-half hour after scbol dismissal. these vendors frm selling in the vlcrnity of scbols far one hour after dismissal, we feel these problems will? ‘be c!iminaked. Children have been i-t~nnlng Reteeen mrs rn the parking 5) prohtbttrng WE HlRE%Y PETITION THE CITY COUNC'IL OF CARLSSAO TO PROHIBIT ICE CREW OR OTHER FOOD VENDORS FROM SElLlNG VITHIW A FOUR BLOCK RADIUS Of SCHOOLS FOR A PERiOO OF ONE jdCILiR BEGtNNING AT THE TIME OF SCHOOL D!*SHtSSA&. The concern of the parents 8s fob Phe safety of the chridran Nalking &de from school. Vendors have caused unssFe conditions in the schnot parking lots and in the streets surrounding the schcrsls. lots and acr055 the middle of busy streets, rlithotit looking, in thekr effort to get to the \iendorsL vehfcles. Children have aim delayed walking horse so that they mbss ihe crossing guards vhrr. are on duty for one-half hour after school dismissai. these vendors from selling in the vtc~nity of scbsols For one bur after dismissal, we feel these Problen will be e!imlnated. Children have been running between cars in the parking By proh~bittng - 73 I. 2. 3. 4. 5 6. 7. 8. 9. io. !I, 12. z3. 14, 15. 16. 17. !8. i9. ?8, 21. 22 - - __I-- Q _I.-- _uu - _I__- --- IC.- I I- .* WE HEREBY PETITION THE CITY COUNClt. OF CARLSBAD TO PROHiBlT ICE CREAN OR OTHER FOOD VENDORS FROH SELLING WlTHlrJ A FOUR BLOC% Rb.DIUS OF SCWDBL% FOR A PERIOD OF ONE HOUR BEGtNNlNG AT THE ?!ME OF SCHOOL D~SMISSAL. The concern of the parents. +5 fo& Ctie safely of the chiidden walkrng de from schoaf. Vendors have caused unsafe rcinditrocos in the school parking lbts and in the streets surrounding the schools. 104s and acr-055 the middle of busy strent5, ith hour laok;ng, in therr effort to ptt to the vendors! veh!cle$. crossing gcrards who are on duty for one-haif hour after schoo! dtsmissal, these vendors from sePling in the vicinity af schwls far one hour after d1missa1, we feel these problems will be etiminated. Chi1dren have %en runnIPrg hetvreen cars in the parkirsg Children have also delayed walking home 50 that they miss the By prohlbttlng 8. 9. \O. 11. 12. 13. ab. Add re ss , 15. i 6, 17 1) ra. ? I 1. ' 2, 3. 4. 5. 6. 7. 8. 9. b0. II 12. 13. 14. IS. ! 6. 17. 18. 19. 20. 121. 22.. I WE HEREBY PETITION THE CITY COUNC'IL OF GARLSBAD VB PROHIBIT ICE CREW OR OTHER FOOD VENDORS FROM SELLING WlVHIW A FOUR BLOCK RADIUS Of SCHOOLS FOR A PERIOD OF ONE tJOUk BEGtNhlfNG AT THE TtME OF SCHOOL DbSMtSSAL, The concern of the parents IS fo$ the safety of the chiidren Halkrng de frm school, Vendors have caused unsafe conditions In the schwf parking lots and sn tbe streels surrounding the schools. lots and across the middle of busy streets, without laokrng, in their effort Po get TO the vendors4 vehicles. Children have also delayed walking home so that they mkss the crossi~q guards who am 8n duty for one-half hour after schsol dismissal. these vendors from sellrng in the vicintty of schools for one hour after disrn,sssl, we Feel these probievs wi 11 be t:i inninirted, Childrerr have been tunnfng between cars in the parking By prohr31ttng IB r, 1. 2. 3. 4. 5 6. 7. 8. 9. 10. 11. 12. 13. 14. 14. 16, 17. 18. i9. 20. 11. 22. WE HEREBY PETtTrON THE CITY COUNIC'IL OF CARLSBAD TO PRONlBlT ICE CREW OR OTHER FOOD VENDQRS FROM SELLING VlTHltY A FOUR BLOCK RADIUS OF SCHOOLS FOR A PERIOD OF ONE HOUR BEGiNNiNG AT THE TIME OF SCHOOL DCSHlSSAt. The concern of the parents IS eo$ chc safety of the chi idren walking & from school. Vendors kava? caused unsafe c~nditi~ns in rrhe schwf parking lots and in the streets surrounding the schools. lots and across the middle of busy streets, without looking, in their effort to get 10 the vendors' vehicles. Children have also delayed walking hms so that they miss the Children hawe been running betdeern cars in the parking prohtDkcjng crossing guards who are on duty for one-half hair after school d9smissall. these vendors from selling in the vlcinity of schools for one hour'aftcr d sm ssa?, we feel these problems wi.11 be et iminatad. I Address I- /- I a9 I . t -A- .- \, * . . (* . c , .. r) 1. 2, 3. 4. 5 6. 7. 8. 9. '0. 11. 12. 13. ?4. as.. 16. 17. 18. 19. 20, It. 22. . WE HEREBY PETITION THE CITY COUNCIL OF CARLSBAS 'TO PROHIBIT ICE CREAH OR OTHER FOOD VENDORS FROM SELLLNG WliMiH A FOUR BLOCK RADIUS OF SCHOOLS FOR A PERIOD OF ONE HOUR REGtNEBIHG AT WE TIME OF SCHOOL DCSMiSSAL. The concern of the parents IS fd the safety of the chridren walking de f~om school. Vendors have! caused unsafe conditions in the school parkrng lots and in the streets surrounding the schools. Children have been running between cars in the parking lots and across the middle of busy street^, without looking, in their effort to get to the vendors' vehicles. Children have also delayed walking hctrne so that they inlss the crossing guards d~o are MY duty for one-half hour after sckoof dismissal. By prohto>t,ng these vendors from sclllng in the vicinity of schools fur one bur 'after disniissai, we Feel these problems will be eliminated. -II Address 0 April 29, 1981 TO : Frank A1 eshi re, City Manager w FROM: Vincent D. Jimno, Chief of Police SUBJECT: Restricting Sales Near Schools by Vendors Background A number of citizens have petitioned the City Council to restrict ice cream vendors from selling their products within a four block radius of a school for one hour, beginning at school dismissal. associated with Kelly Elementary School. This group appears predominately The petitioners indicate that one ice cream vendor in particular appears daily at dismissal time for Kelly Elementary School and sells ice cream to the young- sters. across streets, dart between cars and general ly endanger themselves in order to get quickly to the vendor's vehicle. some children have waited to buy ice cream after school so long that they ar- rive at El Camino Real and Tamarack Avenue too late to be crossed by the cross- ing guard. just after school. They feel this will resolve the issue. This vending of ice cream from a vehicle has caused children to run The peittioners also indicate that The petitioners indicate only a desire to prohibit this activity Discussion The staff is aware of only two complaints regarding the situation. first complaint was received, an officer was sent to the reporting party to investigate. Basically, the only problem noted by the officer was that the vehicle was parked on the south side of Hillside Drive. This required chil- dren to cross a busy street in order to buy ice cream. The officer requested the vendor move to a safer location; the vendor was most cooperative and com- plied. When the He has also continued to comply. In checking the municipal code, it appears the vendor is trying to comply. How- ever, the Municipal Code Section 10.40.060, which states that a vendor cannot stand or park for a period of time not to exceed ten minutes, is often violated due to children lining up to buy ice cream, causing a time lapse of sometimes 15 to 20 minutes. The vendor at times might also stretch his stop due to anti- ci pated sales. The only other requirements in the code are the need for a business license and compliance with county health laws. A1 ternatives The Council could amend the Municipal Ordinance Section 10.40.060 with a time and distance restriction. A second alternative is to continue the present ordinance and request the pol department enforce movement of the vendor every ten minutes. be more dangerous if the vendor moved to a legal, but more dangerous location This, however, ce could A third alternative would be to suggest to the PTA that they begin selling ice cream after school at a more competitive price which would draw the children to a safer location. Fiscal Impact No additional cost to any City operation. Recommendation The staff feels that all three suggested solutions are reasonable. However, alternative two, coupled with alternative three, would appear to be the best. This could be done by Council amending the ordinance with a time and restric- tion and the suggestion that the PTA start selling ice cream after school at a more competitive price and in a safer location. VDJ/di b or residence district without blocking the wheels of the vehicle by turning them against the curb or by other means. (Ord. 3005 563). 10.40.055 Parking prohibited at all times where signs are erected. The city traffic engineer shall appropriately sign or mark the following places and when so signed or marked no person shall stop, stand or park a vehicle in any such places: curb immediately opposite the mid-block end of a safety zone ; section in any business district except that a bus may stop at a designated bus stop; traffic signal, boulevard, stop sign or official electric flashing device; termines that it is necessary in order to eliminate dan- gerous traffic hazards. (Ord. 3005 S64). (1) At any place within twenty feet of a point on the (2) At any place within twenty-five feet of an inter- (3) Within twenty-five feet of the approach to any (4) At any place where the city traffic engineer de- 10.40.060 Unlawful parkinq of vehicles of peddlers and vendors. (a) Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, rented, displayed, so- licited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street or public parking lot within this city; ex- cept, that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The'provisions of this subsection shall not apply to per- sons delivering such articles upon order of, or by agree- ment with, a customer from a store or other fixed place of business or distribution. (bf No person shall park or stand on any street, or public parking lot, any lunch wagon, eating cart or vehicle, or pushcart from wh'ich tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the legis- which such cart shall stand. wagon used or intended to be used in the transportation of property for hire on any street, or public parking lot, while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the legis- lative body which shall designate the specific location where such vehicle may stand. . lative body which shall designate the specific location in (c) No person shall park or stand any vehicle or 166 n . #am c . . _. - ..' ... L._ - - F F The cmccrn of the parents IS Foe the Safety of the chtidr'en walking de frm school. \Icr~dc)rs hare caused unsafe conditions bn the schwl parking lots and in the streets surrounding the schrxrls. .Children have been isJnnlng ktweelg cars in the patkit-g Sots and acro5s the middle of busy streetsr without looking, ir; their effrart 60 gat ?C the vendors1 vahlcles. Children have also delayed walki'ng home so that :.hey mlsS tf-e crossing gcrards wh5 are an duty for one-haw hour after SC~O~ drsmissal. these vendors from selling In the wicjrnity of rshogls far one hour after drsmissai, we feel these problems wi13 be eliminated. By prohtbrring L'