Loading...
HomeMy WebLinkAbout2022-05-10 - AGENDA REPORTS - SCMC CHAPTERS 11.37 14.04 14.06 AMENDAgenda Item: 13 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: �1 A11�44-1) DATE: May 10, 2022 SUBJECT: SECOND READING OF AMENDMENTS TO THE CITY'S MUNICIPAL CODE TO INCLUDE: AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS), AMENDING CHAPTER 14.02 (DEFINITIONS), AND CHAPTER 14.06 (PARKS AND PUBLIC PLACES RULES AND REGULATIONS) DEPARTMENT: Community Development PRESENTER: Michael Villegas RECOMMENDED ACTION City Council: Adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE." 2. Adopt an ordinance entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06 (PARKS AND PUBLIC PLACE RULES AND REGULATIONS) OF THE SANTA CLARITA MUNICIPAL CODE." BACKGROUND On April 26, 2022, with a 5-0 vote, the City Council introduced and passed to a second reading an ordinance amending Chapter 11.37 and an ordinance amending Chapters 14.02, and 14.06 of the Santa Clarita Municipal Code, which address rules and regulations pertaining to vending Citywide and the use of City parks and other public places, respectively. ALTERNATIVE ACTION Other action as determined by the City Council. Page 1 Packet Pg. 61 FISCAL IMPACT There is no fiscal impact to the general fund with the approval of this item. ATTACHMENTS Ordinance - Chapter 11.37 with Redline Ordinance - Chapters 14.02 and 14.06 with Redline Page 2 Packet Pg. 62 13.a ORDINANCE NO. 22- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.37 (PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS) OF THE SANTA CLARITA MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings. A. The ordinance amends Chapter 11.37 regarding "Peddlers and Solicitors." On September 18, 2018, Governor Brown signed into law Senate Bill (SB) 946, which adopts state law that imposes limits on how local authorities, including cities, may regulate sidewalk vending. SB 946 is codified in Government Code 51036. B. Among other things, SB 946 limits a city's regulation of sidewalk vending to restrictions that are directly related to objective health, safety, or welfare concerns, and prohibits punishment for street vending -related violations unless it is through a civil fine. C. SB 946 also recognizes that California has an interest in the regulation of traffic, to ensure the appropriate flow of traffic and the safety of pedestrians on the road or the sidewalk, and has acknowledged that there are regulations directly related to objective health, safety, or welfare concerns that a city may adopt, which include, but are not limited to, regulations concerning hours of operation, sanitation, sidewalk access, r health and vendor permits, compliance with other generally applicable laws, 3 registration requirements, and interference with other special events or permitted M activities. D. On December 11, 2018, the City Council passed and established the Sidewalk Vending Program, which governs sidewalk vendors operating within the City of Santa Clarita (City), and imposes sidewalk vending regulations that are consistent with state law, while maintaining regulations that are directly related to the objective health, safety, and welfare of the City. E. Despite the City's efforts through the Sidewalk Vending Program, unpermitted vending continues to be a growing issue in Santa Clarita communities, and the recommended changes, as outlined in Exhibit A, are needed to further preserve and protect the health, safety, and welfare of residents. SECTION 2. Chapter 11.37 of the Santa Clarita Municipal Code, entitled "Peddlers, Sidewalk Vendors, and Solicitors," is hereby amended to read in its entirety as shown in Exhibit A of the ordinance, which is attached hereto. Packet Pg. 63 13.a SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this loth day of May 2022. MAYOR ATTEST: CITY CLERK DATE: Packet Pg. 64 13.a STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the forgoing Ordinance 22- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26"d day of April 2022. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the loth day of May 2022, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Packet Pg. 65 13.a EXHIBIT A.0 REDLINED PRIOR ORDINANCE U Packet Pg. 66 13.a Chapter 11.37 PEDDLERS, SIDEWALK VENDORS, AND SOLICITORS Sections: 11.37.010 Definitions. 11.37.020 Identification, License, and Permit(s) Required. 11.37.030 Exemptions. 11.37.040 Claims of Exemption. 11.37.050 General Soliciting Regulations. 11.37.060 General Sidewalk Vending Regulations. 11.37.070 General Peddling Regulations. 11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted. 11.37.090 Violation —Penalty. * Prior ordinance history: Ords. 94-11 and 96-34. 11.37.010 Definitions. For purposes of this chapter, the following definitions apply: "Cart" means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart as defined in this section. -� r "Charitable purpose" means any tax exempt purpose or function as specified in Article I of Chapter 4 of M the California Revenue and Taxation Code (Section 23701 and following). "City Manager" means the City Manager or designee. "Commercial peddling" means any peddling that is not for a charitable purpose or does not involve expressive merchandise. "Enforcement Officer" means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. "Expressive merchandise" means merchandise bearing an express or obvious ideological, philosophical, political, or religious message that is inextricably intertwined with other forms of protected expression as recognized under the California Constitution or the United States Constitution. "Fixed place of business" means the premises in the City occupied for a period of not less than sixty (60) days for the particular purpose of conducting business, and regularly kept open for at least twenty (20) hours every week. "Food" means any type of edible substance or beverage. Packet Pg. 67 13.a "Goods" or "merchandise" means any item that is not food and do not include services. "Health permit" means a public health permit issued from the County of Los Angeles Department of Public Health for prepared food products defined in this section. "Impound" means to seize or take custody of vending equipment, carts, goods, or merchandise because of an infringement of a law or regulation. "License" means a peddler's or solicitor's license issued from the County of Los Angeles Treasurer and Tax Collector. "Mobile cart" means a pushcart, pedal -driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor as defined in this section. "Parkway(s)" means that portion of a public street which is not improved for actual street, curb, gutter, or sidewalk use, and which is available for planting, landscaping, and maintaining street trees. "Peddle(s)" or "peddling" means to sell and make immediate delivery, or offer for sale and immediate delivery, any edible product, goods, merchandise, ware or thing, in possession of the seller, at any place within the City other than from a fixed place of business. "Peddler(s)" means any person who peddles as defined in this section. "Person" or "persons" means one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity. m "Prepared food products" means any liquids or edibles for human consumption that are prepackaged or in sealed containers, or are prepared for consumption at the location of the sale. For the purposes of Section 11.37.080, the term "prepared food products" includes the incidental sale of fruits and vegetables that are not prepackaged or in sealed containers; provided, that such fruits and vegetables consist of no more than ten percent (10%) of the peddler's total prepared food products offered for sale. "Public right-of-way" means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the City that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. "Roaming sidewalk vendor(s)" has the same meaning as set forth in Government Code Section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Sidewalk" means any surface in the public right-of-way provided for the use of pedestrians. "Sidewalk vendor(s)" or "sidewalk vend(s)" means a person who sells food or merchandise from a pushcart, stand, equipment, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk vendor" includes "roaming sidewalk vendor' and "stationary sidewalk vendor." "Sidewalk vendor permit" means a permit related to the use of a cart that is issued by the City in accordance with this chapter. Packet Pg. 68 13.a "Solicit" or "soliciting" means to: 1. Sell or take orders or offer to sell or take orders, for any edible product, goods, merchandise, ware or thing, for future delivery, or for services to be performed; or 2. Distribute advertising material or samples; or 3. Request contributions, either directly or indirectly, at any place within the City other than a fixed place of business. "Solicitor(s)" means a person who solicits as defined in this section. "Stationary cart" means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction. "Stationary sidewalk vendor" has the same meaning as set forth in Government Code Section 51036(c), and includes a sidewalk vendor who vends from a fixed location. "Vend(s)" or "vendor" or "vending" means any person who peddles or sidewalk vends as defined in this section. "Vending Equipment" means any nonmotorized conveyance used by a sidewalk vendor necessary to 0 vend to include, but not limited to a(n); appliance, apparatus, cooker, pushcart, stand, table, display, pedal -driven cart, wagon, showcase, rack, or device. m c To the extent any of the definitions in this section conflict with the definitions contained in Title 7 of the Los Angeles County Code, which the City has adopted by reference in Chapter 5.02 of this code, the definitions in this section will control. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) r 11.37.020 Identification, License, and Permit(s) Required. M A. Peddler's and Solicitor's License. No person may peddle, sidewalk vend, or solicit unless such person has a valid peddler's or solicitor's license, as applicable, issued by the County of Los Angeles Treasurer and Tax Collector on behalf of the City under Title 5 of this code and Title 7 of the Los Angeles a County Code prior to operation. B. Sidewalk Vendor Permit. In addition to the required peddler's license, any person that sidewalk vends shall also obtain a valid sidewalk vendor permit issued by the City prior to operation. To obtain or to renew a sidewalk vendor permit, a sidewalk vendor must provide the following as part of their application: 1. The legal name, date of birth, current mailinq address and telephone number of the applicant; 2. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; 3. Whether the applicant is seeking authorization to operate as a roaming sidewalk vendor or a stationary sidewalk vendor; 4. A description of the food and/or merchandise the applicant proposes to vend. Packet Pg. 69 13.a 5. A description of any vending equipment or cart the applicant intends on using in conjunction with the vending operation — including measurements of the height, width, and depth of the vending equipment or cart; 6. A description, map, or drawing of the areas/route in which the applicant proposes to vend; 7. The hours per day and the days Der week durina which the applicant proposes to vend U 8. A copy of a current and valid California seller's permit issued to the applicant by the U California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto); r 0 r 9. If the applicant proposes vending food, a certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health — _ m including a copy of the applicant's current and valid Los Angeles County Health Permit; E c m 10. A copy of the applicant's driver's license or identification card issued by the State of E California, taxpayer identification number, or an identification card issued by another municipality; Q 0 a� 11. Proof of comprehensive liability insurance in an amount not less than one million dollars = ($1,000,000.00). Such insurance shall name as additional insured the City of Santa Clarita, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty (30) days' advance written notice to the City of Santa Clarita; 0 12. Anagreement by the applicant to indemnify and hold harmless the City, its officers and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the c applicant's vending location; 13. Certification by the applicant, under penalty of perjury, that the information contained in the '0 r application is true to his or her knowledge and belief; and M 14. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vendinq activities.? a c� U m 2. The nA-mo address nrd folopheRe ni imhor of the sid-A Alk vP.AcrvT _ f4 C L O r C , a) E i.+ i.+ 6. he type-A-r-n��ri 4i-n-ranc�i'r vnfc�� f�v.r s lro-vFeQ% .h;-;R-g , Packet Pg. 70 13.a C. Health Permit for Peddlers and Sidewalk Vendors of Prepared Food Products. In addition to the required peddler's license or sidewalk vendor permit, any person that peddles or sidewalk vends prepared food products shall also obtain the applicable public health permit issued by the County of Los Angeles Department of Public Health on behalf of the City prior to operation. D. Possession of Peddler's or Solicitor's License. Every peddler, sidewalk vendor, or solicitor must maintain an original copy of their valid peddler's or solicitor's license on their person at all times while peddling, sidewalk vending, or soliciting, and, upon request, must show such license to any Enforcement Officer, or any person to whom they are peddling, sidewalk vending, or soliciting in the City. m E. Possession of Sidewalk Vendor Permit. Every sidewalk vendor must maintain an original copy of their valid sidewalk vendor permit on their person at all times while sidewalk vending, and, upon request, must show such permit to any Enforcement Officer, or any person to whom they are sidewalk vending in the City. r F. Possession of Health Permit. Every peddler and sidewalk vendor of prepared of food products must maintain an original copy of their valid public health permit on their person at all times while peddling or sidewalk vending, and, upon request, must show such permit to any Enforcement Officer, or any person? to whom they are peddling or sidewalk vending. G. Possession of Identification. Every peddler, sidewalk vendor, or solicitor must, upon request, show their valid California identification to any Enforcement Officer, or any person to whom they are peddling, sidewalk vending, or soliciting. H. License and Permit Expiration. Peddler's and solicitor's licenses, and public health and sidewalk vendor permits, will expire one (1) year after the date of issuance. I. Transfer of License or Permit. Peddler's and solicitor's licenses, and public health and sidewalk vendor permits, are not transferable. J. Renewal of License or Permit after Revocation. A person whose peddler's or solicitor's license, or public health or sidewalk vendor permit, is revoked may not renew their license or permit for one (1) year from the date it is revoked. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.030 Exemptions. The provisions of this chapter do not apply to: Packet Pg. 71 13.a A. Soliciting conducted solely by means of facsimile machines, the Internet, newspapers, magazines, radio, television broadcasts, telephone, or through the United States mail. B. Charitable soliciting that is conducted among the members of the soliciting group by other members, whether at regular assemblies, service, or otherwise. C. Soliciting, on premises owned or controlled by the solicitor. D. Soliciting that is subject to disclosure under state or federal political disclosure laws. E. Soliciting by commercial sales agents or representatives selling goods wholesale to dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies. F. Farmers selling farm products produced by them. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.040 Claims of Exemption. Any person claiming to be exempt from any of the provisions of this chapter, including the identification, licensing, and permitting requirements, must cite to the City Manager or designee the statute or other legal authority under which such exemption is claimed and present proof of qualification for such exemption. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.050 General Soliciting Regulations. Solicitors must comply with the following regulations when soliciting: m A. Hours. Except as otherwise authorized under this code, soliciting may only take place between the hours of eight a.m. and sunset. B. Minors. Any solicitor under the age of eighteen (18) years must be accompanied by an adult who holds a valid solicitor's license in accordance with Section 11.37.020. M C. Premises Posted for No Soliciting. No soliciting is permitted at any house, apartment, or other dwelling unit, or at any commercial premises where a sign is displayed in public view indicating "no solicitors or peddlers," or where there is a similar indication that no soliciting is desired by the owners or occupants of the premises, except with the prior consent or at the invitation of the owners or occupants. D. Aggressive Solicitation. No solicitor may persistently and importunely engage in soliciting with a person after that person has indicated that he or she is not interested in the solicitation. E. Refusal to Leave Premises. No solicitor may refuse to leave any residential or commercial premises when requested to leave by an owner, occupant, or responsible person for such premises. F. Obstruction of Movement. No solicitor may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.060 General Sidewalk Vending Regulations and Conditions Imposed on Permit. All sidewalk vendors shall comply with the followinq sidewalk vending regulations set forth in this part, and all restrictions, limitations, prohibitions, and sidewalk vending regulations set forth in this part shall constitute conditions upon any sidewalk vending permit issued pursuant to this part. Packet Pg. 72 13.a A. Except as otherwise authorized under this code, including the issuance of any applicable temporary use, special event, or conditional use or event permit, no person may engage in sidewalk vending on any public right-of-way in the City without first obtaining and having in possession a valid peddler's license, public health permit, and sidewalk vending permit. B. Hours. Except as otherwise authorized under this code, sidewalk vending shall only take place between the hours of eight a.m. and sunset on sidewalks, and between the hours of sunrise and ten p.m. in City parks, or when posted closed or within specific hours, except as authorized by the City Manager or designee. For sidewalk vending in nonresidential areas, the City Manager or designee may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas. C. Minors. Any sidewalk vendor under the age of eighteen (18) years must be accompanied by an adult who possesses a valid sidewalk vendor permit in accordance with Section 11.37.020. D. Aggressive Vending. No sidewalk vendor may persistently and importunely engage in vending with a person after that person has indicated that he or she is not interested in the things being vended. E. Refusal to Leave Premises. The City may request the sidewalk vendor remove any vending equipment or cart if +"�-rai#;s; it is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the vending equipment or cart, or if left the ^art h@c h-&@ abandoned, the City may remove the vending equipment or cart and dispose of the vending equipment or cart after providing at least a nir4peiy sixty (4960) day notice of redemption to the address associated with the public health permit or peddler's license identified on the vending equipment or cart, if any, or if left unclaimed for nib (4960) days from the date of removal. F. Obstruction of Movement. No sidewalk vendor may intentionally and deliberately obstruct the free m movement of any person on any public right-of-way or other public place, or any place open to the public generally. m G. Operational Requirements. AAny vending equipment or cart used for sidewalk vending shall be placed and used at all times in compliance with the terms and conditions of their public health permit, peddler's license, and sidewalk vendor permit, and all other applicable laws and regulations, including, but not limited to, the following: 1. Prominently display their valid public health permit and peddler's license on the vending equipment or cart used for sidewalk vending. 2. Maintain a clean and trash -free ten (10) foot radius from a stationary vending equipment or cart during hours of operation, and must leave the area clean at all times. 3. Provide a trash receptacle for customers and ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash. 4. Shall not sidewalk vend to customers in moving vehicles. H. Vending in Residential Zoned Areas. No stationary vending equipment or cart shall be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and shall move continuously except when necessary to complete a sale. Packet Pg. 73 13.a I. Vending next to School. No sidewalk vending is permitted within one thousand (1,000) feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunchtime recess period. J. Prohibited Items. There is a prohibition on the selling of counterfeit products, secondhand items, animals, items that will exceed the surface area of sidewalk vending equipment, drugs, medicine, chemicals, lottery tickets, weapons, alcohol, fireworks, cannabis or cannabis products, industrial hemp products, adult -oriented material, tobacco, tobacco -related products, or any other items that are deemed unsafe. JK. Prohibitions on Placement of Stationary Vending Equipment and Mobile Carts. No sidewalk vendor shall place or leave any vending equipment or cart in a manner that obstructs vehicular or pedestrian traffic, or creates visibility, sight line, or accessibility issues, and includes the following: 1. Within fifty (50) feet of any other sidewalk vendor. 2. Within twenty-five (25) feet of a street corner, controlled intersection, traffic signal, or crosswalk. 3. Within fifteen (15) feet of any fire hydrant, fire -call box, or other emergency facility. 4. Within ten (10) feet of any bus stop, bus bench, or bus shelter. 5. Within t&R 404 twenty-five (25) feet of a driveway or driveway apron. 6. Within eighteen (18) inches from the edge of the curb. 7. Within fifteen (15) feet of an automated teller machine. 8. Within one -hundred (100) feet of a police officer, firefighter, or emergencv medical personnel who is activelv oerforminR his or her duties or arovidinR services to the aublic. 9. Within twenty-five (25) feet of an alleyway. 10. Within fifteen (15) feet of a handicapped parkinq space or access ramp. 11. Within fifty (50) feet of a freeway entrance or freeway exit. 12. Within twenty-five (25) feet of City -owned parking lots or structures. 13. Within two -hundred and fifty (250) feet of a Santa Clarita Marathon marked route on the days of the event. 7-14. Where placement impedes the flow of vehicular traffic or parking, such as on public streets or public highways, or would cause vehicles to stop in traffic lanes. 915. Where placement impedes the accessible route and flow of pedestrians by reducing the clear width space on a public sidewalk to less than four (4) feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance Packet Pg. 74 13.a with the Americans with Disabilities Act (ADA). The clear width of the sidewalk shall be four (4) feet minimum, exclusive of the width of the curb. 816. No cart or accessory equipment of a sidewalk vendor may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended, unless as permitted by the City. 17. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may install, use, or maintain avending equipment or cart where placement endangers the safety of persons or property, such as on parkways or other landscape -maintained areas. L. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the Community Preservation Division, consist with State law and the standards and provisions of this chapter- and shall display a City -issued sidewalk vending permit on the street -side portion of the City -approved vending equipment or cart M. Roaming sidewalk vendors shall only conduct vending operations along the route approved by the Community Preservation Division, consist with State law and the standards and provisions of this chapter, and shall display a City -issued sidewalk vending permit on the City -approved vending equipment or cart; or, if no vending equipment or cart is utilized, a roaming sidewalk vendor shall keep the City -issued sidewalk vending permit upon his or her person at all times while conducting vending operations. N. Design and Dimension Requirements. While in use, any vending equipment or cart used for sidewalk vending shall be placed and used at all times in compliance with following provisions. am 1. While in operation, all sidewalk vending equipment must not exceed at maximum of four (4) feet in width and a maximum of six (6) feet in length. m W M 2. All roaming sidewalk vendors must maintain an unobstructed view over four (4) feet in height from the ground to the tabletop structure of their sidewalk vending equipment. rl- M 3. All sidewalk vendors must adjust or relocate their operations to ensure that there remains at minimum four (4) feet clearance on the sidewalk or pathway. 4. All sidewalk vendors must provide locking wheels on all sidewalk vending equipment to prevent uncontrolled movement. 5. No sidewalk vendor shall erect, place, or maintain any tent, canopy or other temporary shelter (excluding umbrellas) in the public right-of-way or public place. 6. A sidewalk vendor may have one (1) single -colored umbrella. When in use, the umbrella shall not exceed 10 feet in height as measured from ground level to its highest point. The umbrella cannot be attached to any public or private fixture, such as the sidewalk, light standard, fence, bench, or trees. The umbrella must be made of a sturdy and safe material and must be attached and anchored to the sidewalk vendina eauioment in such a wav that sudden bursts of wind will not dislodae it. 7. No external power, piping, or plumbing is allowed. The sidewalk vending equipment must be entirely self-contained. 8. Signage is permitted only if attached to the sidewalk vending equipment or cart. Packet Pg. 75 13.a 9. Operations must not damage public or private property. 10. Sidewalk vending equipment must not lean against or attach to a building or structure. 11. All sidewalk vendors shall be limited to two (2) chairs. The chairs may be placed behind or next to (but not in front of) the sidewalk vending equipment. 12. Food, goods, and merchandise must be securely fastened to the sidewalk vending equipment. 13. Vending of merchandise is limited to two (2) different types of items and must be the items described within the approvals of the application when the sidewalk vending permit was issued. 140. Sidewalk Vending Related to Parks, Special Events, or Locations That Are Subject to Special Permits. Sidewalk vendors shall operate in a manner consistent with the following: 1. No sidewalk vendors may vend within three hundred (300) feet of permitted filming, camps, community events, or other City a permitted event for the duration or within operating hours of such an event. Permitted events include certified farmer's markets, swap meets, and any event that requires the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, film permit, or temporary use permits. 2. No stationary sidewalk vendors may vend in any park subject to a signed, exclusive concessionaire's agreement. 3. The City may, by resolution, adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for City -owned or operated parks, effective after signs are posted giving notice of such additional requirements. L-P. Violation —Penalty. Sidewalk vending in violation of this section will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows: M 1. For vending without a valid peddler's license, public health permit, or sidewalk vendor permit: a. An administrative fine of two hundred fifty dollars ($250.00) for a first violation. b. An administrative fine of five hundred dollars ($500.00) for a second violation within one (1) year of the first violation. c. An administrative fine of one thousand dollars ($1,000) for a third violation and each subsequent violation within one (1) year of the first violation. d. Upon proof of a valid peddler's license, public health permit, or sidewalk vendor permit issued by the County of Los Angeles or City before such fines are due, the City will reduce the amount of the fines to one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for each violation thereafter. 2. For all violations of this chapter other than vending without a valid peddler's license, public health permit, or sidewalk vendor permit as outlined in subsection (L)(1) of this section: Packet Pg. 76 13.a a. An administrative fine of one hundred dollars ($100.00) for a first violation. b. An administrative fine of two hundred dollars ($200.00) for a second violation within one (1) year of the first violation. c. An administrative fine of five hundred dollars ($500.00) for a third violation within one (1) year of the first violation. d. An administration fine of five hundred dollars ($500.00) for a fourth and each subsequent violation, and revocation of a peddler's license, public health permit, or sidewalk vendor permit. Revocation proceedings will be conducted in accordance with the rules and regulations established by the City. 3. The City will provide the person subject to the administrative fine notice of his or her right to request an ability -to -pay determination, and will make available instructions or other materials for requesting an ability -to -pay determination. 4. Administrative fines assessed pursuant to this section may be reduced to twenty percent (20%) of the original fine amount, or may be fulfilled through performing community service in lieu of paying the administrative fine, upon submission of proof of inability to pay at an adjudication hearing if requested by the person, pursuant to Government Code Section 51038(f). (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 5. Revocation or Denial of a Sidewalk Vendor Permit a. Revocation — Upon the fourth or more citation for violation of this chapter other than vendina without a valid peddler's license. public health permit. or sidewalk vendor permit as c outlined in subsection (P)(1) of this section that have become final during the term of the vendor permit, the vendor permit shall be revoked. For these purposes, if a sidewalk vendor contests a citation pursuant to SCMC Chapter 23.20, the citation will become final only if the Hearing Officer -� r determines that the citation should be upheld. In addition, a vendor permit shall be revoked if the 3 sidewalk vendor made a materially false, misleading or fraudulent statement or material omission in M the application or during the application process. The revocation shall become effective 10 days after the mailing of a Notice of Intent to Revoke to the sidewalk vendor, unless the sidewalk vendor appeals the decision in accordance with SCMC Chapter 23.20. b. Denial — If a sidewalk vendor submittina an initial sidewalk vendor application has received two or more citations that have become final for violation of the SCMC or these regulations or any such citation remains unpaid within the prior fiscal year (i.e., July 1-June 30), the City may, in its sole and absolute discretion, deny the initial application. If a sidewalk vendor has received two or more citations that have become final for violation of the SCMC or these Regulations during the term of the immediately preceding vendor permit or any such citation remains unpaid, the City may, in its sole and absolute discretion, deny the renewal application. For these purposes, if a sidewalk vendor contests a citation pursuant to SCMC Chapter 23.20, the citation will become final only if the Hearing Officer determines that the citation should be upheld. In addition, an initial or renewal application for a vendor permit shall be denied if the sidewalk vendor makes a materially false, misleading, or fraudulent statement or material omission in the application or during the application process. If the City denies either the initial application or the renewal application for any of these reasons. the Citv shall notifv the sidewalk vendor in writina. 6. Impounding of Vending Equipment, Carts, Goods, or Merchandise Packet Pg. 77 13.a a. Any enforcement officer is authorized to impound vendinq equipment, carts, goods, or merchandise pursuant to SCMC 23.30.050 and SCMC 23.30.160. b. In addition to the administrative fines taken pursuant to rSectionl 11.37.060.P.1 above, any enforcement official may, upon an individual's fourth or greater violation of this division, impound vendinq equipment, carts, goods or any merchandise therein which constitutes an immediate threat or hazard or danger to persons or property. c. The City shall store such vending equipment, carts, goods, or merchandise for a minimum of sixty (60) days. If the property is not claimed within that time period, the City may dispose of the property. d. Any owner of impounded vending equipment, carts, goods, or merchandise may, within twenty (20) days, request an administrative hearing pursuant to SCMC 23.30.090 in writing to appeal the impoundment before a hearing officer appointed by the City. e. Prior to the expiration of the 60-day holding period or before any appeal related to impoundment becomes final, any person claiming ownership of vending equipment, carts, goods, or merchandise that has been impounded may reclaim such materials upon payment in full of all administrative costs incurred as a result of the violation, and proper proof of ownership. Any unclaimed items will be considered abandoned and forfeited to the City after sixty (60) days following impoundment. 11.37.070 General Peddling Regulations. Peddlers must comply with the following regulations when peddling: A. Hours. Except as otherwise authorized under this code, peddling may only take place between the hours of eight a.m. and sunset. m B. Premises Posted for No Peddling. No peddling is permitted at any house, apartment, or other -� r dwelling unit, or at any commercial premises where a sign is displayed in public view indicating "no 3 solicitors or peddlers," or where there is a similar indication that no peddling is desired by the owner or M occupant of the premises, except with the prior consent or at the invitation of the owner or occupant. C. Aggressive Peddling. No peddler may persistently and importunely engage in peddling with a person after that person has indicated that he or she is not interested in the things being peddled. D. Refusal to Leave Premises. No peddler may refuse to leave any residential or commercial premises when requested to leave by an owner, occupant, or responsible person for such premises. E. Obstruction of Movement. No peddler may intentionally and deliberately obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.080 Peddlers of Prepared Food Products from Motor Vehicles Permitted. A. Peddling of prepared food products is permitted from motor vehicles used for the transportation or preparation of such prepared food products when conducted on public streets, but not including public sidewalks or parkways. B. The parked location of a motor vehicle used for the peddling of prepared food products must be at least one hundred (100) feet from an intersection to minimize impacts on traffic flow and the potential obstruction of sight lines and observation. The opening of the motor vehicle from which sales are made Packet Pg. 78 13.a must face the sidewalk or such other direction so that customers are not required to stand in the vehicular right-of-way. C. A person peddling prepared food products from motor vehicles may not remain in any one (1) location for the purposes of peddling, or any other location less than one-half (1/2) mile from the same location, for more than thirty (30) minutes during any six (6) hour period. D. During the period of such peddling, the peddler must maintain the location in a neat, sanitary, and hazard -free condition, and pick up and dispose of in a sanitary manner all debris, garbage, or litter that is left by any customer of the peddler. E. No peddling of prepared food products from motor vehicles is permitted within one thousand (1,000) feet from any school property boundary while children are going to or leaving such school during opening or closing hours, or during the noon or lunchtime recess period. (Ord. 08-8 § 2, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11/18) 11.37.090 Violation —Penalty. A violation of sidewalk vending will be subject to the applicable penalties under Section 51039 of the Government Code and Section 11.37.060(L) of the Santa Clarita Municipal Code. All other violations of this chapter shall be prosecuted civilly or criminally, pursuant to Title 23, as either an infraction, misdemeanor, civil nuisance, or administrative citation, and will be subject to the applicable penalties under Chapter 23.10, in addition to any other applicable penalties or remedies prescribed by law. (Ord. 08-8 § 3, 7/8/08; Ord. 18-10 § 2 (Exh. A), 12/11 /18) Packet Pg. 79 13.b ORDINANCE NO. 22- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 14.02 (DEFINITIONS) AND CHAPTER 14.06 (PARKS AND PUBLIC PLACES RULES AND REGULATIONS) OF THE SANTA CLARITA MUNICIPAL CODE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The ordinance amends Title 14 of the Santa Clarita Municipal Code (SCMC), entitled "Parks and Other Public Places." The City of Santa Clarita (City) owns, leases, operates, and/or supervises a number of parks, indoor and outdoor recreational facilities, open spaces, and other public places, such as the Old Town Newhall parking structure, community centers, and libraries. The City is empowered to enact rules to ensure that members of the public use City parks, facilities, open spaces, and other public places in a manner that is consistent with the purposes of these places and that promotes the public's common benefit. The proposed amendments to Title 14 will promote and encourage a safe, family friendly atmosphere at City parks, facilities, open spaces, and other public places, and are intended to ensure that the public can use and enjoy such places for their intended purposes. SECTION 2. Title 14 of the SCMC is hereby amended to read in its entirety as shown in Exhibit B, which is attached hereto and incorporated herein by this reference. SECTION 3. If any section, subsection, sentence, clause, phrase, part, or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. SECTION 4. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Packet Pg. 80 13.b PASSED, APPROVED, AND ADOPTED this loth day of May 2022. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 22- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 26nd day of April 2022. That thereafter, said ordinance was duly passed and adopted at the regular meeting of the City Council on the loth day of May 2022, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 22- and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK Packet Pg. 81 13.b EXHIBIT B.m REDLIINED PRIOR ORDINANCE: U Q Packet Pg. 82 13.b Chapter 14.02 DEFINITIONS Sections: 14.02.010 Definitions. 14.02.010 Definitions. As used in this title, the words hereinafter defined are used as so defined unless it is apparent from the context that a different meaning is intended. "Alcoholic beverages" means alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent (0.5%) or more of alcohol by volume, and which is fit for beverage purposes either alone or when diluted, mixed or combined with all other substances. "Camp" or "camping" means the use of parks or public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping, or doing any digging or earth breaking, or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. "Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, blankets, sheets, tarps, cots, beds, sleeping bags, hammocks, cardboard boxes, personal cooking facilities, or other similar equipment or materials that are used to create temporary shelters and accommodations. "City Manager" means the City Manager or designee. "Commercial use or enterprise" shall mean any use of a park, public place, or facility amenity for or in connection with any money making venture, whether or not such venture is profitable, including the selling, offering for sale, or peddling of any goods, wares, merchandise, services, liquids, or edibles for human or animal consumption, and/or sales activities that utilize park property or facilities to complete the terms of sale or provide a service as a result of the sale or that affect park operations, facility use or visitor safety, such as fitness clubs, exercise groups, sports camps, and individual sports lessons; provided, however, that fund-raising activities conducted by a nonprofit organization, recognized as such by the state of California, shall not be deemed to be commercial use. "Dog park" shall mean an enclosed area officially identified by signage and designated by the City where dogs are permitted to be off leash. Packet Pg. 83 13.b "Dwelling" or "living quarters" means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure. "Enforcement Officer" means any sworn peace officer, City Code Enforcement Officer, or City employee or agent with the authority to enforce any provision of this code. "Facility amenities" include, but are not limited to, playground and exercise equipment, park or public place benches, picnic tables, public art, public buildings, swimming pools, walls, fences, gates, trees, monuments, signs, buildings, roofs, playing surfaces, railings, backstops, parking lots, trails, or tables in a park or public place, or upon any park property. "Hazardous material" means any material that is a risk to public health and safety or the environment, and includes, but is not limited to, the following items: 1. Animal and vegetable products resulting from the handling, preparation, cooking, and serving of foods; 2. Human and animal biological waste, including fecal waste and urine; 3. Dead animals; 4. Hypodermic needles; and 5. Motor oil, gasoline, or other petroleum products. "Hazardous Zone" means any region, place, perimeter, that constitutes a threat to public safety, the general welfare of the community, a threat to an individual or group of individuals, of which include, but are not limited to oil spills, toxic waste spills, sanitation spills, areas with an abundance of organic waste, areas with improperly diverted human waste, Very High Fire Hazard Severity Zones (VHFHSZ), and loading docks. "Motor vehicles" means any multi -wheeled, treaded or sled -type vehicle that is propelled by a motor engine, including any vehicle commonly known as a "motorized recreation vehicle." "Narcotics and dangerous drugs" means those narcotics and drugs listed or defined in the Health and Safety Code of the State of California as now or hereafter amended. "Obstruct pedestrian or vehicular traffic" means to walk, stand, place an object, sit, or lie in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. "Open space area" means an improved, unimproved or natural land, owned, used, or maintained by the City, where development activity is limited in an effort to preserve natural areas and protect sensitive habitat, and not designated an active park by the City. "Open space area" also includes the Santa Clara River. Packet Pg. 84 13.b "Park(s)" means and includes every park, park water, plaza, skate park, golf course, riding and hiking trail, open space area, swimming pool, court, field, greenbelt, greenway, facility amenity or other recreational facility, together with any accompanying parking lot or staging area, to which the public has a right of access and use for park or recreation purposes and which is owned, managed or controlled by the City and under the jurisdiction of the City Manager. "Park or public place waters" means any stream, river, brook, pond, lake, or fountain located within any park, public place or open space area. "Personal effects" means personal property consisting of the following items: Medication, eye glasses, or other medical devices; 2. Sleeping bag or bed roll which is sanitary and nonverminous or unsoiled; 3. Tents in usable and reasonably good condition; and 4. Clothes stored in a manner protecting them from the elements, which are not unsanitary, soiled, or verminous. "Public place(s)" means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public buildings, libraries, and facilities owned or leased by the City, public parking lots, garages or structures owned or leased by the City, private parking lots open to the general public, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place(s)" also includes any public right-of-way, or area of public property and private property open to the public, and includes, but is not limited to, public streets, highways, sidewalks, bridges, alleyways, driveways, trails, paseos, pathways, walkways, benches, staircases, or passageways that are open to vehicular, bicycle, or pedestrian traffic, and other outdoor places or areas generally accessible to the public. "Riding or hiking trails" shall mean any path, trail, firebreak road, or fire protection road located within a park, public place, or open space area and designated by the City Manager for public use. "Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place or leave in a location. (Ord. 90-12, 5/29/90-1 Ord. 05-1 § 2, 1 /25/05-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) "Very High Fire Hazard Severity Zone (VHFHSZ)" means a location outlined by the California Office of the State Fire Marshall as being abundantly comprised of fuel, slope, and fire hazard. Packet Pg. 85 13.b Chapter 14.06 PARK AND PUBLIC PLACE RULES AND REGULATIONS Sections: 14.06.010 Applicability of Regulations. 14.06.020 Hours of Operation. 14.06.030 Park and Public Place Property and Vegetation —Damaging or Removing Prohibited. 14.06.060 Motor Vehicle Restrictions —Parking. 14.06.070 Speed of Motor Vehicles. 14.06.080 Camping and Storage of Personal Property Prohibited. 14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited. 14.06.082 Property Removal. 14.06.083 Camping in Hazardous Zones Prohibited 14.06.084 Personal Effects. 14.06.086 Disposition of Property. 14.06.088 Sitting or Lying in Parks and Public Places Prohibited. 14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited. 14.06.090 Animals —Prohibited When. 14.06.100 Dogs and Cats Permitted When. 14.06.105 Removal of Animal Waste. 14.06.110 Horses and Similar Animals Permitted When. 14.06.130 Disturbances Prohibited. 14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs. 14.06.150 Public Intoxication Prohibited. 14.06.160 Soliciting for or Selling Merchandise and Services —Restrictions. Packet Pg. 86 13.b 14.06.180 Nudity and Disrobing Prohibited. 14.06.190 Washing Dishes or Polluting Water. 14.06.195 Rubbish Disposal. 14.06.200 Concessions and Other Public Place Facilities —Sanitation Requirements. 14.06.210 Prohibited Uses and Activities. 14.06.220 Special Amusement Equipment. 14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas. 14.06.240 Smoking Prohibited. 14.06.260 Ability to Regulate Park and Public Place Areas. 14.06.010 Applicability of Regulations. The following rules and regulations apply to all parks and public places in the City, except as otherwise expressly stated. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.020 Hours of Operation. A person shall not enter, be, or remain in any park, public place, or in any building in any park or public place between the hours of ten p.m. and sunrise on the following day, or when posted closed or within specific hours, except as authorized by a written permit issued by the City Manager. The City Manager may change the hours of use as stated above for any event or individual park or public place. All persons shall comply with such changed hours. A person shall not park, or cause to be parked, any motor vehicle in any park, public place, or parking facility for such park or public place between the hours of ten p.m. and sunrise on the following day, or when posted closed, or within specific hours, or no parking. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.030 Park and Public Place Property and Vegetation —Damaging or Removing Prohibited. It shall be punishable as a misdemeanor for any person, other than a duly authorized staff in the performance of their duties, to: A. Dig, remove, destroy, injure, mutilate or cut any tree, plant, vegetation, shrub, grass, fruit or flower, or any portion thereof, growing in the park or public place; B. Remove, destroy, disturb, or deface any wood, turf, grass, soil, rock, sand, or gravel from any park or public place; Packet Pg. 87 13.b C. Cut, break, injure, deface or disturb any facility amenity in a park or public place or any portion thereof, or mark or place thereon, or on any portion thereof, any mark, writing or printing, or attach thereto any sign, card, display, or other similar device; D. Hunt, harm, molest, kill, or harass any animals or wildlife found on any property, including nests, burrows, dens, perches, and all features of native habitat and the inhabitants thereof. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.060 Motor Vehicle Restrictions —Parking. A person shall not bring to or operate in any park, public place, or open space area any motor vehicle, except at such times and at such places as permitted by the City Manager in written regulations or permits issued, and any such operation of a motor vehicle shall be in accordance with the conditions contained in such regulation or permit. A person shall not park any motor vehicle in any park or public place except in areas designated by the City Manager for parking, with the exception of authorized emergency vehicles and service vehicles of the City. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.070 Speed of Motor Vehicles. The speed limit for all vehicles on vehicular ways within a park or public place shall be fifteen (15) miles per hour unless otherwise posted and no vehicle shall exceed the speed limit. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.080 Camping and Storage of Personal Property Prohibited. A. A person shall not camp in any park or public place. B. A person shall not store unattended personal property, including camp paraphernalia, in any park or public place. C. A person shall not use any car, trailer, camper, recreational vehicle, or mobile home as a dwelling or as living quarters to camp in any park or public place. D. A person shall not camp or store unattended personal property, including camp paraphernalia, on any privately owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance. E. No person will be cited under this section unless the person engages in conduct prohibited by this section after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) F. A person shall not camp or store unattended personal property within ten feet of any operational or utilizable driveway or loading dock; Packet Pg. 88 13.b G. A person shall not camp or store unattended personal property within five feet of any operational or utilizable building entrance or exit; H. A person shall not start, build or use a fire for the purposes of, including but not limited to, cooking, warming, baking, or otherwise, except as may be approved by the City Manager, or designee. A person shall not discharge wastewater and/or dispose of trash or garbage in any manner that is not expressly permitted by law. 14.06.081 Exceptions to Camping and Storage of Personal Property Prohibited. A. Nothing in Section 14.06.080 may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit. The City Manager may issue a permit to camp overnight at a designated location in a park, public place, or open space area if the City Manager finds: 1. The group was organized in good faith and not for the purpose of obtaining a permit under this section, and the members of such group will include and be supervised by at least one (1) responsible adult during such camping, and such overnight camping will not interfere with or in any way be detrimental to the park or public place or interfere with the uses thereof; and 2. That the group has agreed to the conditions contained in the permit. B. Upon the granting of such permit, the members of such group may camp at the time, location, and under the conditions specified in the permit. (Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.082 Property Removal. A. The City Manager or Enforcement Officer may remove personal property unlawfully stored or found in a park or public place as follows: 1. The location of any personal property, including camping paraphernalia, will be tagged and dated with a notice including the following: It is illegal to store personal property in parks or public places. If this personal property is not removed by (specify date at least twenty-four (24) hours from posting), this personal property will be deemed intentionally abandoned, and subject to removal and possible destruction. 2. The City Manager or Enforcement Officer may remove any personal property still unlawfully stored or remaining in the park or public place after the posting period has expired. B. If the unlawful camping or storage of personal property in a park or public place presents an immediate threat to the public health or safety, an Enforcement Officer may immediately remove or dispose of the personal property without prior notice. (Ord. 18-8 § 2 (Exh. A), 6/26/18) Packet Pg. 89 13.b 14.06.083 Camping in Hazardous Zones Prohibited A. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal property in areas designated by the City Manager, or designee, as Hazard Zones. B. It shall be unlawful to sit, lie, sleep, store, use, maintain, or place personal property, that the circumstances of continued sitting, sleeping, lying, storing personal property, or otherwise obstructing the public right-of-way at that location poses a particular and ongoing threat to public safety. Such infractions of this provision that constitute unlawful camping in Hazard Zones include but are not limited to: 1. Camping in a region where death or serious bodily injury has occurred in a location due to a hazardous condition 2. Repeated serious or violent crimes, including human trafficking, sexual solicitation, and crimes of moral turpitude. 3. The occurrence of fires that resulted in a fire department response to the location. 4. Very High Fire Hazard Severity Zones (VHFHSZ), as designated by the California Department of Forestry and Fire Protection (CalFire). C. It shall be unlawful to store flammable chemicals, goods, provisions, and other such items including camping paraphernalia, within but not limited to 1. Very High Fire Hazard Severity Zones (VHFHSZ) 2. 1000 feet of a school or school district facility D. Exemptions to Subsection B include storage of property within the confines of but not limited to: 1. Single Family Residence; 2. Multi -Family Residence; 3. Commercial Structure; 4. Recreational Vehicle of automobile; or 5. Dwelling as defined by the City of Santa Clarita's Unified Development Code (UDC). E. If the City Manager, or designee, identifies an infraction of this provision, the individual in question will be given 24 hours to remove themselves and any of their items from the specified location. F. If one's self or personal property are not removed after the City Manager, or designee, has provided 24-hour notice, the individual will receive an administrative citation and one's personal property will be seized and held under the City of Santa Clarita's possession. One's personal property is eligible to be re-claimed up to and not to exceed 60 days after the seizure of said property. Packet Pg. 90 13.b 14.06.084 Personal Effects. A. At the time of removal of any unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location, giving the following information: Personal effects have been removed; 2. A telephone number and address for information on retrieving personal effects; 3. The hours of operation where personal effects may be collected; and 4. The period of time during which the personal effects may be claimed. B. Following removal of unlawfully stored or remaining personal effects, the City Manager or Enforcement Officer must: 1. Maintain an inventory identifying the personal effects, and where the personal effects were approximately located; 2. Place the removed personal effects in containers or bags labeled in a manner facilitating identification by the City Manager or Enforcement Officer and the owner, and which reasonably protects such property from damage or theft; and 3. Store the removed personal effects in a location designated by the City for a period of ninety (90) days. C. If personal effects are claimed within ninety (90) days from removal, unless the property is connected to a crime or is illegal to possess, the City will release the stored property to the owner upon the following: 1. The person claiming ownership clearly identifies and describes the property and the approximate location where the property was left by the owner. 2. The person claiming ownership completes and signs a release of property form. (Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.086 Disposition of Property. A. Unlawfully stored or found personal effects removed from a park or public place and remaining unclaimed at the end of ninety (90) days from removal may be disposed of by the City. B. All other unlawfully stored or found personal property removed from a park or public place, pursuant to this chapter, is deemed intentionally abandoned and may be summarily abated and destroyed by the City. Packet Pg. 91 13.b C. All hazardous material stored in a park or public place may be immediately removed or disposed of by the City. (Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.088 Sitting or Lying in Parks and Public Places Prohibited. A. No person may sit or lie down upon a public sidewalk, street, maintained landscape area, curb, staircase, biking or walking path, or in doorways and entrances to buildings, or upon a blanket, sleeping bag, cardboard box, chair, stool, or any other object placed upon a public sidewalk, street, maintained landscaped area, curb, staircase, biking or walking path, or in doorways and entrances to buildings in any commercial zone. As provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as amended from time to time. B. No person may sit or lie down upon a public bench or other seating facility that is intended for use by multiple individuals at the same time, in a way that prevents such accommodation of the public bench by multiple users at the same time. C. No person may intentionally sit or lie down and obstruct pedestrian or vehicular traffic in a park or public place. D. No person will be cited under this section unless the person engages in conduct prohibited by this section, after having been notified by the City Manager or Enforcement Officer that the conduct violates this section. (Ord. 18-8 § 2 (Exh. A), 6/26/18) E. The provision of this section does not prohibit a person from sitting, lying, sleeping, storing, using, maintaining, or placing personal property on public property if: 1. If such sitting or lying is necessitate by the physical disability of such person. 2. Such person is viewing a legally conducted parade. 3. Such person is seated on a bench lawfully for such purpose. 14.06.089 Exceptions to Sitting or Lying in Parks and Public Places Prohibited The prohibitions in Section 14.06.088 will not apply in the following cases and to the following persons: A. Persons who involuntarily or unavoidably sit or lie down in a park or public place due to circumstances beyond the person's control, including, but not limited to, a medical emergency. B. Persons who, as a result of a disability, utilize a wheelchair, walker, or similar device to move about the public sidewalk or other public walkways and paths. C. Persons operating or patronizing a commercial establishment conducted on the public sidewalk, pursuant to an applicable valid City permit or approval; or persons Packet Pg. 92 13.b participating in or attending a parade, festival, performance, rally, demonstration, meeting, or similar event conducted in a park or public place. D. Any conduct in parks or public places that are privately owned where such conduct is in conformity with permission granted by the owner or person in possession and control of such premises. E. Any conduct that is in conformity with the terms of any permit or other approval granted, pursuant to this code or City policy. F. Any conduct that constitutes lawful activity protected under the laws of the State of California or by the United States Constitution, including, but not limited to, peaceful protesting, picketing, demonstrating, signature gathering, voter registration, or leafleting (Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.090 Animals —Prohibited When. A person shall not bring into any park or public place any cattle, horse, mule, goat, sheep, swine, dog, cat, or other animal of any kind except as hereafter specifically provided or as otherwise permitted by the City Manager. Animals are not permitted in any indoor park, public place, facility amenity, swimming pool, and/or skate park. This section does not apply to guide dogs for blind or disabled persons. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.100 Dogs and Cats Permitted When. A. A person may only bring and maintain in any park or public place a dog or cat if such dog or cat is kept on a leash or chain with a length not to exceed six (6) feet and is under full control of its owner or custodian, or upon written permission of the City Manager when required for authorized park or public place programs. B. Dogs may be off leash only in special areas of parks or public places designated and posted by the City Manager as a dog park or as dog exercise and training areas, so long as the regulations of the City Manager with respect to the use of such areas are followed. 1. Implied Consent. The presence of a dog in a designated dog park or dog exercise and training area shall constitute implied consent of the person either owning or controlling the dog to the regulations imposed by the City Manager. 2. Liability and Indemnification. The presence of a dog in a designated dog park or dog exercise and training area shall constitute a waiver of liability, on behalf of the person either owning or controlling the dog, to the City of Santa Clarita, as well as an agreement and undertaking to protect, indemnify, defend, and hold harmless the City of Santa Clarita for any injury or damage caused by the dog. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) Packet Pg. 93 13.b 14.06.105 Removal of Animal Waste. A. Any person having the care, custody, possession, or control of a dog/cat in a park or public place must have in his/her possession the equipment necessary to remove his/her dog/cat's fecal matter. B. A person's failure to remove the fecal matter deposited by his/her dog/cat in any park or public place before the person in possession of the animal leaves the immediate area where the fecal matter has been deposited is a violation of this section and is punishable as a misdemeanor. (Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.110 Horses and Similar Animals Permitted When. A person may ride a horse, mule, donkey or other similar animal only on designated trails or in designated equestrian areas subject to all rules and regulations governing their use, in other park or public place areas upon written permission of the City Manager, subject to the regulations of such use permit. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.130 Disturbances Prohibited. A. Except as authorized by the City Manager for specific events and times, or except as necessary for the preservation of public peace or safety, it is unlawful to use any public address system, loudspeaker or other sound -amplifying device in any park, public place, or open space area. It is unlawful to exceed noise levels prescribed by Section 11.44.040. B. It shall be a misdemeanor for any person to disturb the peace and quiet of any park or public place by: Any unduly loud or unusual noise; 2. Tooting, blowing or sounding any siren, horn, signal, or noise -making device; 3. Any obscene, violent, or riotous conduct; or 4. The use of any vulgar, profane, or indecent language therein. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.140 Alcoholic Beverages and Narcotics or Dangerous Drugs. A person shall not enter, be or remain in any park or public place while in possession of, transporting, selling, giving away or consuming any alcoholic beverage except at a concession facility duly authorized by the City Council and properly licensed or in connection with a special event duly authorized by the City Manager for which the sponsoring organization is properly licensed by the State Department of Alcoholic Beverage Control. A person shall not enter, be, or remain in any park or public place while in possession of, transporting, arising, selling, giving away, or consuming any narcotics and dangerous drugs. Violation of this section is punishable as a Packet Pg. 94 13.b misdemeanor. (Ord. 90-12, 5/29/90-1 Ord. 05-1 § 2, 1/25/05-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.150 Public Intoxication Prohibited. A person shall not enter, remain, or be in any park or public place while he or she is under the influence of any alcoholic beverage or narcotic and dangerous drug. (Ord. 90- 12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.160 Soliciting for or Selling Merchandise and Services —Restrictions. No park, public place, or open space area may be used for any commercial use or enterprise in any form unless the City is directly involved as a co-sponsor of an event or project, or the City Manager has authorized such commercial enterprise in writing with a permit. Operation of a commercial use or enterprise in a park or public place without express written authorization from the City Manager is a violation of this code. This prohibition also includes sales activities which encroach on the sales rights of a vendor authorized to sell such products or services pursuant to a concession contract with the City. (Ord. 90-12, 5/29/90-1 Ord. 05-1 § 2, 1 /25/05-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.180 Nudity and Disrobing Prohibited. A. No person shall appear, bathe, sunbathe, walk, change clothes, disrobe, or be in any park or public place in such a manner that the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view. Violation of this section is punishable as a misdemeanor. B. This section shall not apply to persons under the age of five (5) years, provided such children are sufficiently clothed to conform to accepted community standards. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.190 Washing Dishes or Polluting Water. A. A person shall not place in any park or public place waters any edible matter, dish, or utensil, or wash or cleanse in any park or public place waters any such edible matter, dish, or utensil, or commit any nuisance in or near such waters, or pollute any park or public place waters, or bathe, swim, or wade in park or public place waters except at places and times designated by the City Manager. B. A person shall not swim, bathe, wade in, or pollute any park or public place waters, except that wading and swimming shall be permitted in pools or other bodies of water expressly designated for these purposes by the City Manager. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.195 Rubbish Disposal. A. A person shall not throw, place, or dispose of any garbage, refuse, waste paper, bottles, or cans in any place in a park or public place other than into a garbage can or other receptacle maintained therein for that purpose. No garbage, refuse, waste paper, Packet Pg. 95 13.b bottles, or cans shall be brought into a park or public place for the purpose of disposing in any such receptacle. B. Where receptacles are not provided, all refuse or trash shall be carried away from the park, public place, or recreation area by the person responsible for its presence, and properly disposed of elsewhere. C. A person shall not scavenge through any garbage can or other solid waste receptacle, or remove any item, including recyclables, from any garbage can or solid waste receptacle, unless authorized by the City Manager. (Ord. 90-12, 5/29/90-1 Ord. 13- 6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.200 Concessions and Other Public Place Facilities —Sanitation Requirements. The lessee, agent, manager, or person in charge of a facility or water area under lease or concession from the City, or owned in fee in any City park or public place, shall at all times maintain the premises in a clean, sanitary condition, free from malodorous materials and accumulations of garbage, refuse, debris, and other waste materials. Should the City Manager find that any public place, facility, or water area under concession or lease is not so maintained, the City Manager shall in writing notify said concessionaire, lessee, agent, manager, or other person in charge of said public place, facility, or area to immediately commence and diligently prosecute to completion the necessary correction of the sanitary condition to the satisfaction of the City Manager. Failure to do so with reasonable dispatch shall be cause for the City Manager to cause the condition to be corrected as necessary, and the costs of such correction to be charged to the lessee, concessionaire, agent, manager, or person in charge. Violation of this section is punishable as a misdemeanor. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.210 Prohibited Uses and Activities. A. Fire and Personal Portable Barbecues. A person shall not light or maintain any fire, firework, or explosive in any park or public place, except in areas designated by the City Manager for such use. B. Harmful Objects. A person shall not place, throw, leave, keep, or maintain any object in such a manner or in such a place that any person or animal may be injured or any structure or vehicle may be damaged in any park or public place, except in areas designated by the City Manager for such use. C. Hazardous Games. No person shall operate a motorized or self-propelled model vehicle or participate in activities of a hazardous nature such as, but not limited to, propelling or launching a rocket, missile, or projectile of any type, or participating in the game of archery or hardball in any area, except as designated by the City Manager. D. Firearms and Other Weapons. A person shall not bring, discharge, or shoot any firearm or ammunition, explosive or incendiary device, firework, air gun, pellet gun, spring gun, slingshot, crossbow, bow and arrow (except as otherwise provided in this Packet Pg. 96 13.b section), trapping device, knife, or weapon of any kind, including one that can be loaded with blank cartridges, in any park or public place, except in areas designated by the City Manager for such use. Violation of this provision is punishable as a misdemeanor. E. Model Airplanes and Boats. No person shall operate in any park or public place any model airplane, boat, car, craft, or other similar device that is powered by an internal combustion engine, remote control, or other similar or electrical power source, except in an area and at such times as designated for such use by the City Manager. F. Sleds, Skis, and Other Winter Sports Equipment. A person shall not hitch or pull by any vehicle upon, along, or across any road or driveway any toboggan, sled, skis, or any other type of winter sports equipment. G. Golf Prohibited. No person shall play the game of golf, in any of its forms or refinements, including the activity known as putting by the use of a golf club or clubs or similar instrument to strike a golf ball, in any park or public place, unless as part of an approved or permitted City recreation program. H. Roller Skating and Skateboards Prohibited. No person shall operate any roller skates, as that term is defined in Section 12.08.160, or skateboard, as that term is defined in Section 12.08.185, in any park or public place without proper protection equipment as defined in Section 12.54.030, except upon the approval of the City Manager. I. Stage Area Closure. It is unlawful to enter upon, cross, use, or remain upon an elevated stage area at a City park or public place without a permit from the City allowing such use or authorization from the City Manager. J. Climbing. It shall be unlawful for any person to climb any tree, or walk, stand, or sit upon monuments, signs, buildings, roofs, railings, fences and gates, backstops, or tables in a park or public place, or upon any park property not designated or customarily used for such purposes in a manner inconsistent with the intended use or design. (Ord. 90-12, 5/29/90-1 Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.220 Special Amusement Equipment. The temporary construction and/or use of amusement play equipment, such as moon bounces or any inflatable devices, climbing walls, carousels, dunk tanks, ball crawls, pony rides, slip and slides, laser tag, etc., are prohibited, unless authorized by the City Manager. A person shall not use or place a bounce house/inflatable play structure/climbing wall in a park or public place without the City Manager's authorization and written verification of indemnification of the City, and insurance naming the City as an additional insured from the rental company providing the bounce house/inflatable play structure/climbing wall. Location of the bounce house/inflatable play structure/climbing wall is subject to the approval of the City. (Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) Packet Pg. 97 13.b 14.06.230 Emergency or Temporary Closure of Parks, Public Places, Trails, and Recreational Areas. In an emergency or when the City Manager determines that the public interest, public health, public morals, maintenance purposes, or public safety demands such action, any park, public place, grounds, trails, or recreation facility, or any part or portion thereof, may be closed to the public, and all persons may be excluded therefrom until such emergency or other reason upon which such determination of the City Manager is based has ceased, at which time the park, public place, grounds, trails, or recreation facility, or part or portion thereof so closed shall be reopened to the public by the City Manager. It is a misdemeanor for any person to enter and/or use any park, public place, or facility amenity that is closed under this section. (Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord 18-8 § 2 (Exh. A), 6/26/18) 14.06.240 Smoking Prohibited. Smoking is prohibited in any park or public place in the City of Santa Clarita, as stated in Section 9.50.055. (Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) 14.06.260 Ability to Regulate Park and Public Place Areas. No person using a park or public place shall have a picnic or lunch or loiter in a place that interferes with the use of active recreation or maintenance areas. The City Manager and Enforcement Officer shall have the authority to regulate the activities in such areas when necessary for safety, to prevent congestion, and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end. Individual barbecues or tables and benches shall be used on a first - come, first -served basis, unless reserved by permit. (Ord. 13-6 § 7 (Exh. F), 5/28/13-1 Ord. 18-8 § 2 (Exh. A), 6/26/18) Packet Pg. 98