5.18.040 - Vending—Restrictions and prohibitions.
Part of the Code of Ordinances of Commerce, CA.
The text
(a)
Notwithstanding Section 5.18.020, mobile food vending in motorized vehicles is permitted throughout the city, subject to the following restrictions and prohibitions:
(1)
Vending is prohibited between the hours of ten p.m. until eight a.m.
(2)
Vehicles engaged in vending may stand or park only at the request of a bona fide purchaser for a period of time subject to the parking signage restrictions posted and affixed to the sidewalk and must stand or park at a curb in a legal manner.
(3)
Vending shall be engaged in, in such a manner so as to prevent any obstruction or traffic.
(4)
Mobile food vendors are prohibited from parking in residential areas to engage in vending.
(5)
Obtain all required permits and licenses required by the city.
(b)
The following additional restrictions and prohibitions shall apply to vendors which use motorized vehicles equipped with any sound amplifying equipment as defined in Section 5.24.010 of this code:
(1)
Sound amplifying equipment shall be submitted to an annual inspection, pursuant to Section 5.20.010, to ensure that such sounds or noises emitted or created will not disturb the peace.
(2)
Sound amplifying equipment shall not emit any sound or noise louder than eighty-five decibels at any time.
(3)
All sound amplifying equipment shall be turned off while the vehicle is standing or parked at the curbside and shall remain turned off until the vehicle begins movement to another location.
(c)
The following additional requirements shall apply to vendors of ice cream, candy, and food (i.e., ice cream trucks):
(1)
Ice cream, candy, and food vending vehicles (i.e., ice cream trucks) shall have a yellow caution light installed at the rear of the vehicle to warn oncoming vehicles of the presence of pedestrians. Such yellow caution light shall be activated anytime the vehicle is parked or standing at a curbside for the purpose of selling any item.
(2)
Vendors of ice cream, candy and food shall not stand or park any motorized vehicle from which ice cream, candy, or food is sold, displayed, solicited, offered for sale, bartered, or exchanged within three-hundred feet of any schools between the hours of seven to eight a.m. and one to three p.m. to alleviate traffic and safety concerns during school drop off and pick up hours.
(d)
The provisions of this section shall not apply to persons delivering goods, wares, merchandise, or food items upon order of, or agreement with, a customer from a store or other fixed place of business or distribution or to licensed catering vehicles using public street to travel to and from properties to provide proper catering services.
(e)
Nothing in this chapter shall relieve any person engaged in vending from having to comply with any other requirements (which includes but is not limited to, permitting licensing, etc.) imposed by the municipal code or any other local, state, or federal rule, regulation, or law.
(Ord. No. 812, § 5, 12-12-2023)