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Home My WebLink About1985-10-22; City Council; 8384; Changes to code - peddlers, solicitors & vendorsI) cr-. OF CARLSBAD - AGENL-, BILL -m AB# g38q MTG.10/22/85 DEPT. CA TITLE: CHANGES TO MUNICIPAL CODE REGARDING DEPT. HD.- PEDDLERS, SOLICITORS AND VENDORS CITY AllYv!! CITY MGR. a The ordinance continues the existing prohibition on the sale of any goods or merchandise from any public street, parking lot or sidewalk. A provision has been added which also prohibits the sale of goods or merchandise from any temporary display, vehicle, wagon, or pushcart in any commercial zone except as otherwise provided by the zoning ordinance. The ordinance allows the sale of food or beverages from motor vehicles as regulated in the same manner as we have always done in Carlsbad. This ordinance does not, and is not, intended to differentiate between the various types of food vending vehicles. The ordinance establishes a permit procedure for vehicular food vendors. Existing exceptions for newsracks and deliveries are included in the ordinance. In addition, the chapter also provides that the City Manager may issue permits for temporary promotional sales and for street fairs. The principle policy change made by the ordinance is in the provision regulating door to door solicitors. The law requires that door to door solicitors be permitted to practice their trade unless a property owner has given notice that he or she does not wish a solicitor to come on the property. Under the proposed ordinance such notice may be given by the posting of a "no solicitors" or "no peddlers" sign on the property. Blanket prohibitions of door to door solicitation are generally invalid, but the City may establish reasonable restrictions to protect citizens from annoying calls or possible criminal activity. Therefore, the ordinance prohibits door to door solicitation after daylight hours. FISCAL IMPACT This ordinance should create no fiscal impact and we believe will eliminate the possibility that a legal challenge to our ordinance would occur. Our current ordinance, particularly the one dealing with door to door solicitation is, in our opinion, unconstitutional and subject to challenge. EXHIBIT Ordinance No. ha '74 ORDINANCE NO. 6076 CITY COUNCIL OF THE CITY OF AMENDING TITLE 5, CHAPTER REPEAL OF SECTIONS 5.04.141 AND TLE 8, BY THE AMENDMENT OF CHAPTER TLE 10, CHAPTER 10.40 BY THE REPEAL 0.40.060 OF THE CARLSBAD MUNICIPAL OLIDATE AND REVISE THE RESTRICTIONS EDDLERS, SOLICITORS AND STREET VENDORS. The City Cou the City of Carlsbad, California does ordain as follows: SECTION 1: le 8, Chapter 8.32 of the Carlsbad Municipal Code is ame read as follows: \ Sections: \ 8.32.010 Display, sale storage on public ways 8.32.030 Street fairs. 8.32.040 Entering private erty for the purpose of sale without perm r beverages from or sale of food sell their d 1 2 3 4 5 6 7 e 9 1c 11 12 1€ 1s 2c 21 22 2: 24 25 26 23 2€ 0 easement, m prohibit the dis or sale of newspapers, magazines and other periodicals cust ily sold by news vendors on the sidewalk from vending racks or hines provided the display or sale does not interfere with norm destrian traffic. prohibit the delive goods or merchandise upon order of, or by agreement with, omer from a store or other fixed place of business or dist this section shall be construed to delivery. and other conditions as he public health, safety and welfare. 8.32.030 Street Fairs. City Manager may from time reet fairs subject to such y the occupant "no peddlers" Municipal Code is amended by the repeal of Sections 5.04.141 5.04.142. 2. 1 2 3 4 5 6 7 e 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: That Title 10, Chapter 10.40 of the Carlsbad the repeal of Sect ion 1 0.40.060. s ordinance shall be effective n, and the City Clerk shall certify ance and cause it to be published at urnal within fifteen days after its adoption. READ at a regular meeting of the day of , 1985, and thereafter t a regular meeting of said City '\ Council held on the *Y of , 1985 by the following vote, to wit: AYES : NOES : \ \ ABSENT: APPROVED AS TO FORM AND LEGALITY VINCENT F. BIONDO, JR. City Attorney \ \ \ ATTEST : MARY H. CASLER, May \ ALETHA L. RAUTENKRANZ, City Clerk \ 5.04.141 Display on public ways prohibited. No person shall display, show, stand or store any goods or merchandise upon any public street or sidewalk. Any goods or merchandise necessarily delivered to a street or sidewalk area shall be removed therefrom promptly, and in any event, within thirty minutes after said goods or merchandise are first deposited upon said street or sidewalk. This section shall not prohibit the display of newspapers, magazines and other periodicals customarily sold by news vendors on the sidewalk which does not interfere with normal pedestrian traffic. (Ord. 6044 (part), 1971). 5.04.142 Permits for promotional sales. The main- tenance director may, from time to time, issue temporary permits providing for the holding of promotional sidewalk sales, subject to such restrictions as to length of time and other conditions as he deems reasonably necessary for the public good. (Ord. 1261 §S(part), 1983; Ord. 6044 (part), 1971). . .. 10.40.060 Unlawful parking 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. public parking lot, any lunch wagon, eating cart or vehicle, or pushcart from which 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- lative body which shall designate the specific location in which such cart shall stand. (b) No person shall park or stand on any street, or (c) No person. shall park or stand any'vehicle or ' .' 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. ditions as the legislative body may require, and shall be revocable at any time by the legislative body at its sole discretion. (e) Notwithstanding anything in this section to the contrary, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, rented, displayed, soli- cited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street, public parking lot or other public right-of-way within the city within one half mile of an elementary or junior high school building or school grounds while children are going to or leaving such school during opening or closing hours or during the noon recess period. (Ord. 3132 51, 1981; Ord. 3128 51, 1981; Ord. 3071 51: Ord. 3005 S65) (d) Such written permits shall be upon such con-