HomeMy WebLinkAbout1850 ORDINANCE NO. 1850
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, PROHIBITING VENDING FROM
MOBILE FOOD VEHICLES IN THE CITY, SUBJECT TO
CERTAIN EXCEPTIONS, FOR A PERIOD OF SIX
MONTHS.
City Attorney Summary
The City does not have a regulatory program for mobile food vehicles in
the City. Riverside County's restrictive health regulation of mobile food
vehicles substantially ameliorated the need for the City to adopt a
separate regulatory program. The County's recently adopted regulations
that allow mobile food vehicles to prepare food in the vehicle will become
effective on April 8, 2014. It is anticipated that the City will experience a
large influx of County permitted mobile food vehicles that could commence
operation on virtually any street in the City to the potential endangerment
of motorists, pedestrians, and bicyclists, and the creation of visual blight
and potential economic hardship on permanent food and beverage
establishments in the City. This Ordinance will impose an interim,
temporary prohibition on the operation of these vehicles within the City,
subject to certain exceptions, for six months to allow the City sufficient
time to consider and adopt appropriate and necessary time, place, and
manner restrictions for mobile food vehicles in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS:
A. The City is responsible for providing appropriate and necessary time,
place, and manner restrictions on commercial activities in the City.
B. The County of Riverside has recently adopted a less restrictive mobile
food vending regulatory program that will go into effect on April 8, 2014, that will
essentially allow vehicles with full-fledge kitchens to prepare and dispense food at
virtually any location within the City.
C. Without a regulatory program in place, mobile food vehicles could locate
on any street in the City, at any time, without regard to vehicular or pedestrian traffic,
creation of potential congestion, disruption or interference with school activities or
causing attractive nuisances to children going to and from school, and the substantial
detraction and adverse economic effect of established restaurants in the City.
D. The consideration, adoption, and implementation of a comprehensive
regulatory program for mobile food vehicles is necessary to balance the potential
adverse effects that could be caused by mobile food vehicles and the potential benefits
the community could derive from improving public access to the culinary diversity such
vehicles could provide.
Ordinance No. 1850
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ORDAINS:
SECTION 1. Vending from a Mobile Food Vehicle is prohibited in the City and no
person shall vend food from a Mobile Food Vehicle in the City.
SECTION 2. For the purpose of this Ordinance: the term "Mobile Food Vehicle"
means any Category 3, 4, or 5 Mobile Food Facility as identified in Ordinance No. 580.5
of the County of Riverside and currently registered, licensed, and permitted by the
County to operate as a Mobile Food Facility; the term "Food" means any item intended
primarily for consumption by human beings; and the term "vend" or "vending" means the
sale, distribution, or dispensing of Food.
SECTION 3. The following are exempted from this Ordinance:
A. A Food cart permitted by land use permits issued by the City.
B. A Mobile Food Vehicle operating on a street subject to all of the following
restrictions:
1. Parked more than One Thousand, Five Hundred Feet from the
property line of any school property that serves students younger than 18
years of age.
2. The posted speed limit is thirty-five miles per hour or less.
3. Parked in full compliance with the provisions of the Palm Springs
Municipal Code and the California Vehicle Code.
4. The vehicle is only open to prospective customers on the side of
the vehicle next to a sidewalk.
5. Parked more than one thousand feet of any eating and drinking
establishment unless the vehicle is associated with a certified farmer's
market that is open at the time the vehicle is conducting business or at a
special event approved by the City.
6. Operate only between the hours of 9:00 am and 7:00 pm.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law.
SECTION 5. Findings. The adoption of this Urgency Ordinance is necessary
for the immediate protection of the public peace, health, and safety by ensuring the
timely and orderly consideration, adoption, and implementation of an appropriate and
comprehensive regulatory program for mobile food vehicles in the City. In accordance
with Section 312 of the Palm Springs City Charter, the City Council of the City of Palm
Springs finds and determines that the adoption of this Urgency Ordinance is necessary
to ensure the timely approval of a mobile food vehicle ordinance and for the timely
implementation of a new mobile food regulatory program for the immediate protection of
the public peace, health, and safety.
Ordinance No. 1850
Page 3
SECTION 6. Effective Date. The City Council hereby declares, on the basis of
the findings set forth in the Recitals and in Section 5 above, that an urgency ordinance
is warranted and that this Ordinance is necessary to preserve the public peace, health
and safety. Accordingly, this Ordinance is adopted as an urgency ordinance and shall
take effect and be in force immediately upon its adoption. This Ordinance shall expire
on September 18, 2014 unless otherwise extended by action of the City Council prior to
such date.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 19" DAY OF MARCH, 2014.
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STEPREN P. POUGNET, MAYOR
ATTEST:
MES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Urgency Ordinance No. 1850 is a full, true, and correct copy, and
adopted at a regular meeting of the City Council held on the 19th day of March, 2014, by
the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson,
and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
MES THOMPSON, CITY CLERK
City of Palm Springs, California rh3�31� °J