2018-263 Sidewalk Vendors ORDINANCE NO. 2018-263
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, ADDING CHAPTER 5.70 TO THE MENIFEE MUNICIPAL CODE TO
REGULATE SIDEWALK VENDORS
WHEREAS, on September 17, 2018, California Governor Edmund Gerald Brown, Jr. signed
Senate Bill 946 ("SB 946") into law, which adds Chapter 6.2 (commencing with Section 51036) to Part 1
of Division 1 of Title 5 of the California Government Code to regulate sidewalk vendors throughout the
state, including within the City of Menifee;
WHEREAS, SB 946 takes effect January 1, 2019, and limits the authority of cities and counties
in the state to regulate sidewalk vendors, except as otherwise specifically and expressly provided;
WHEREAS, existing provisions of the City of Menifee Municipal Code do not address the activities
of sidewalk vendors;
WHEREAS, this urgency Ordinance is required for the immediate preservation of the public
health, safety, and welfare pursuant to Government Code Section 36937(b);
WHEREAS, the City Council adopts this urgency Ordinance in accordance with the authority
granted by SB 946;
WHEREAS, the City Council declares that the regulations enacted by this Ordinance are intended
to promote and protect the health, safety and welfare of the City's residents, businesses, and visitors and
are in furtherance of the City's police powers;
WHEREAS, the City Council further declares that the provisions of this Ordinance are intended
to regulate the time, place, and manner of sidewalk vending directly relating to public health, safety, and
welfare objectives and concerns;
WHEREAS, the City Council further declares that the regulations enacted by this Ordinance,
including, but not limited to those governing minimum sidewalk widths, sidewalk vending receptacle sizes,
distance requirements, and food and merchandise storage, are intended and necessary to ensure
compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other
disability access standards;
WHEREAS, the City Council further declares that the regulations enacted by this Ordinance are
intended and necessary to ensure the public's use and enjoyment of natural resources and recreational
opportunities;
WHEREAS, the City Council further declares that the regulations enacted by this Ordinance are
intended and necessary to prevent an undue concentration of commercial activity that unreasonably
interferes with the scenic and natural character of City parks; and
WHEREAS, the City Council desires to retain the ability for local enforcement of sidewalk vendor
regulations, including the imposition of fines for violations and permit application fees, to the extent
consistent with State law.
NOW THEREFORE, the City Council of the City of Menifee ordains as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. Chapter 5.70, entitled "Sidewalk Vendors," is hereby added to the City of Menifee
Municipal Code to read in its entirety as follows:
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Chapter 5.70
Sidewalk Vendors
Sections:
5.70.001 Intent
5.70.002 Definitions
5.70.003 Permit Required
5.70.004 Issuance of Permit
5.70.005 Operating Conditions
5.70.006 Prohibited Activities and Locations
5.70.007 Penalties
5.70.008 Appeals
5.70.001 Intent
(A) The intent of this Chapter is to establish regulations for sidewalk vendors that complies
with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter allow the City to
encourage small business activities by removing total prohibitions on portable food and merchandise
stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted
sidewalk vending activities to protect the public's health, safety and welfare.
(B) The City Council hereby finds that to promote the public's health, safety and welfare,
restrictions on sidewalk vending are necessary to:
1. Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic
including ingress into, or egress from, any residence, public building, or place of business, or from the
street to the sidewalk, by persons exiting or entering parked or standing vehicles;
2. Provide reasonable access for the use and maintenance of sidewalks, pathways,
poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to
locations used for public transportation services; and
3. Reduce exposure to the City for personal injury or property damage claims and
litigation.
(C) The City Council hereby finds that the unique characteristics of the City require certain
restrictions on sidewalk vending as follows:
1. Parks. The City's parks provide recreational opportunities and restrictions on
sidewalk vending are necessary to protect the natural resources, recreational opportunities, as well as
scenic and natural character of these parks, and the health, safety and welfare of those persons engaged
in active sports activities as well as spectators of sporting activities.
2. Sidewalks. Many of the sidewalks and pathways in the City are under seven (7)
feet wide and sidewalk vending in these areas would unreasonably interfere with the flow of pedestrians
and disrupt access for persons with disabilities.
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5.70.002 Definitions
As used in this Chapter, the following terms and phrases shall have the meaning ascribed to them
in this part, unless the context in which they are used clearly requires otherwise. If a term or phrase is
not defined in this part, or elsewhere in this Code, the most common dictionary definition is presumed to
be correct.
(a) "Alcohol" shall means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from
whatever source or by whatever process produced pursuant to Business and Professions Code section
23003.
(b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid
containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by
volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with
other substances pursuant to Business and Professions Code section 23004.
(c) "Farmers' market" means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations
adopted pursuant to that Chapter, or any successor Chapter.
(d) "Code" or"MMC" shall refer to the City of Menifee Municipal Code.
(e) "Director" shall refer to the Community Development Director of the City of Menifee or his
or her designee.
(f) "Food" means any item provided in Health and Safety Code Section 113781, or any
successor Section.
(g) "Food vendor" means any restaurant or retail food vendor located or operating within the
city, including any sidewalk vendor that sells food.
(h) "Hearing officer" means the City Manager or his or her designee.
(i) "Heating element" means any device used to create heat for food preparation.
(j) "Marijuana" means the substances defined in Section 9.70.020 of the Code, or any
successor Section.
(k) "Merchandise" means any item(s) that can be sold and immediately obtained from a
sidewalk vendor which is not considered food. Items for rent shall not be considered merchandise.
(1) "Park" means any area dedicated or established as a public park.
(m) "Pathway" means a paved or improved path or walkway developed primarily for pedestrian
travel, other than a sidewalk. Pathway does not include emergency shoulders abutting paved roadways
and highways throughout the City. Such emergency shoulders are designated for vehicles to pull over in
the event of an emergency only.
(n) "Person" means and includes all domestic and foreign corporations, associations,
syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts,
societies, and individuals transacting and carrying on any business in the City.
(o) "Public property" means all property owned or controlled by the City, including, but not
limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.
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(p) "Residential" means any area zoned exclusively as residential in Title 9 of this Code.
(q) "Roaming sidewalk vendor" means a sidewalk vendor who moves from place-to-place and
stops only to complete a transaction.
(r) "Sidewalk" means that paved or improved portion of a highway, other than the roadway,
set apart by curbs, barriers, markings or other delineation developed primarily for pedestrian travel.
Sidewalk does not include emergency shoulders abutting paved roadways and highways throughout the
City. Such emergency shoulders are designated for vehicles to pull over in the event of an emergency
only.
(s) "Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack, or non-motorized conveyance used for sidewalk vending activities.
(t) "Sidewalk vendor" or "vendor" means a person(s) who sells food or merchandise from a
sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway.
(u) "Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a
person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but
not limited to, installation, placement, or maintenance of any sidewalk vendor receptacles.
(v) "Special event" means any temporary permitted event approved by the City.
(w) "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
(x) "Street" means a way or place of whatever nature, publicly maintained and open to the
use of the public for purposes of vehicular travel.
(y) "Swap meet" means a location operated in accordance with Article 6 (commencing with
Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations
adopted pursuant to that Chapter, or any successor Chapter.
(z) "Vending" means the offering or displaying for sale or selling of any food, merchandise,
goods, or wares.
5.70.003 Permit Required
(A) Permit Required. No person, either for himself/herself or any other person, shall engage
in any sidewalk vendor activities within the City without first applying for and receiving a permit from the
Director in accordance with this Chapter.
(B) Application. A written application for a sidewalk vendor permit shall be filed with the
Planning Department to be approved by the Director on a form provided by the City and shall contain the
following information:
1. The name, address, and telephone number of the person applying to become a
sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge of
any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working
at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed as
roaming sidewalk vendors or at a sidewalk vending receptacle;
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4. The number of sidewalk vending receptacles the sidewalk vendor will operate
within the City under the permit;
5. Whether the vendor intends to operate as a stationary sidewalk vendor or a
roaming sidewalk vendor;
6. The day(s) and hours of operation the stationary sidewalk vendor intends to
operate at such location(s);
7. The location(s) in the City where the stationary sidewalk vendor intends to operate;
8. The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including
a picture of each sidewalk vending receptacle operating under the permit;
9. Whether the sidewalk vendor will be selling food, merchandise, or both;
10. If the sidewalk vendor is selling food, a description of the type of food to be sold,
whether such foods are prepared on site, and whether the vendor requires a heating element to prepare
the food;
11. If the vendor is selling merchandise, a description of the merchandise to be sold;
12. A copy of the County of Riverside Environmental Health Permit required for any
sidewalk vendors selling food, as required by Chapter 5.01.140 of this Code, or any successor Chapter;
13. Proof of his or her possession of a valid California Department of Tax and Fee
Administration seller's permit, which shall be maintained during the pendency of the sidewalk vendor's
permit;
14. An acknowledgment that the sidewalk vendor will comply with all other generally
applicable local, state, and federal laws;
15. A certification that, that to his or her knowledge and belief, the information
contained within the application is true and correct;
16. An agreement by the sidewalk vendor to defend, indemnify, release and hold
harmless the City, its City Council, boards, commissions, officers and employees from and against any
and all claims, demands, obligations, damages, actions, causes of action, suits, losses,judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and
court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include,
but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, or proceeding whether incurred by the licensee,
City, and/or the parties initiating or bringing such proceeding;
17. Proof of business and general liability insurance covering the City of Menifee;
18. An acknowledgement that the sidewalk vendors use of public property is at their
own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk
vending activities, and the sidewalk vendor uses public property at his or her own risk; and
19. Any other relevant information required by the Director.
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C. Application and Permit Fees. Each application for a sidewalk vendor permit shall be
accompanied by an application fee as established by resolution of the City Council. The application and
permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall
not be necessary for the permittee to obtain a City permit to carry on the activities authorized by said
permit, unless such licensee maintains a permanent place of business within the City.
5.70.004 Issuance of Permit
(A) Within thirty (30) calendar days of receiving a complete application, the Director may issue
a sidewalk vendor permit, with appropriate conditions, as provided for herein, if he or she finds based on
all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or
pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents
to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace,
health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment to public property, or result in
the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the
vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and
all proper safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of
police officers to properly police the area of such activity as to interfere with normal police protection for
other areas of the City;
5. The sidewalk vendor has paid all previous administrative fines, completed all
community service, and completed any other alternative disposition associated in any way with a previous
violation of this Code;
6. The sidewalk vendor has not had a permit revoked within the same calendar year;
7. The sidewalk vendor's application contains all required information;
8. The sidewalk vendor has not made a materially false, misleading, or fraudulent
statement of fact to the City in the application process;
9. The sidewalk vendor has satisfied all the requirements of this Chapter;
10. The sidewalk vendor has paid all applicable fees as set by City Council via
resolution which may be updated from time to time;
11. The sidewalk vendor's sidewalk vending receptacle and proposed activities
conform to the requirements of this Chapter; and
12. The vendor has satisfactorily provided all information requested by the Director to
consider the vendor's application.
(B) A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a
sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.
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(C) Brick-and-mortar business in the City that possesses a business license must also obtain
a permit to operate a sidewalk vending business, which is considered a distinct and separate operation
from the brick-and-mortar business, unless the sidewalk vending activity is a part of an outdoor display
allowed under a temporary use permit for a special event.
(D) All permits issued under this Chapter, regardless of when issued, expire on December 31
of the year in which they were issued.
5.70.005 Operating Conditions
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk
vending activities:
(A) All food and merchandise shall be stored either inside or affixed to the sidewalk vendor
receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept
on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the
sidewalk vendor receptacle shall not exceed the size requirements provided in this Section.
(B) The sidewalk vendor permit shall be displayed conspicuously at all times on the sidewalk
vending receptacle or the sidewalk vendor's person. If multiple sidewalk vendors are staffing a sidewalk
vendor receptacle or working as roaming sidewalk vendors, each person shall wear their permit on their
person in a conspicuous manner.
(C) Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit
business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public
property and shall be removed when not in active use by a vendor.
(D) Sidewalk vendors shall not cause damage to City property, including furniture,
landscaping, irrigation, or any other facilities or structures located in the public right-of-way.
(E) All sidewalk vendors shall allow a City police officer, firefighter, life safety services officer,
or code enforcement officer, at any time, to inspect their sidewalk vending receptacle for compliance with
the size requirements of this Chapter and to ensure the safe operation of any heating elements used to
prepare food.
(F) Sidewalk vending receptacles shall not exceed a total height of three (3) feet, a total width
of three (3) feet, and a total length of three (3) feet.
(G) No sidewalk vending receptacle shall be motorized or pedal-driven.
(H) No sidewalk vendor shall utilize machines, electronics, or other objects to generate noise.
(1) No sidewalk vendor may employ the use of lights or automated moving displays.
(J) If a sidewalk vending receptacle requires more than one (1) person to conduct the
sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be
within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
(K) Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk
vending receptacle and shall not empty their trash into public trashcans. The size of the vendor's trash
container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle.
Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash
or refuse from their operation.
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(L) Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path free from
obstructions, including sidewalk vending receptacles and customer queuing area.
(M) Sidewalk vendors shall comply with the noise standards provided in Chapter 9.09 of this
Code, and any successor Chapters.
5.70.006 Prohibited Activities and Locations
(A) Sidewalk vendors shall comply with all operating conditions, including those conditions set
forth in Section 5.70.005.
(B) Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers;
2. Displaying merchandise or food that is not available for immediate sale;
3. Selling of adult-oriented materials, marijuana, alcohol, or alcoholic beverages;
4. Using an open flame on or within any sidewalk vending receptacle;
5. In nonresidential areas, all sidewalk vendors, regardless of whether a roaming
sidewalk vendor or stationary sidewalk vendor, operating after sunset shall provide adequate lighting in
the immediate vicinity of the sidewalk vending receptacle to ensure safe transactions with the public.
6. In residential areas, all stationary sidewalk vending is prohibited. In residential
areas, roaming sidewalk vending activity is prohibited from one-half hour after sunset to one-half hour
before sunrise.
7. Continuing to offer food or merchandise for sale, following, or accompanying any
person who has been offered food or merchandise after the person has asked the vendor to leave or
after the person has declined the offer to purchase food or merchandise;
8. Sidewalk vendors shall not approach persons to sell food or merchandise and shall
not interfere in any way with anyone engaged in an activity to sell food or merchandise;
9. Sidewalk vendors shall not vend or sell food or merchandise to any persons in a
moving vehicle or in an illegally parked or stopped vehicle;
10. Knowingly making false statements or misrepresentations during the course of
offering food or merchandise for sale;
11. Blocking or impeding the path of the person(s) being offered food or merchandise
to purchase;
12. Making any statements, gesture, or other communication which a reasonable
person in the situation of the person(s) being offered food or merchandise to purchase would perceive to
be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will
be carried out; and
13. Touching the person(s) being offered to purchase food or merchandise without that
person(s)' consent.
(C) Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
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1. Any public property that does not meet the definition of a sidewalk or pathway
including any alley, park, street, or parking lot;
2. Within 200 feet of an area designated for a temporary special event permitted by
the City, including parks, during the limited duration of the temporary special event permit, unless the
sidewalk vendor is specifically associated with the temporary special event permittee. If the City provides
any notice, business interruption mitigation, or other rights to affected businesses or property owners
under the City's temporary special permit, such notice will also be provided to any sidewalk vendors
specifically licensed to operate in the area, if applicable;
3. On any private property without the express written consent of the owner or lessee
of the property;
4. Sidewalk vendors shall not engage in sidewalk vending activities within 25 feet of
another sidewalk vendor;
5. Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of
a place of worship;
6. Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of
a police or fire station;
7. Sidewalk vendors shall not engage in sidewalk vending activities within 100 feet of
any public picnic area, playground area, or playground equipment;
8. Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet a
permitted farmers' market or swap meet during the limited operating hours of that farmers' market or
swap meet;
9. Stationary sidewalk vending activities shall only occur on sidewalks or pathways
with a minimum width of seven (7) feet or larger;
10. Sidewalk vendors shall not engage in sidewalk vending activities within 50 feet of
an Automated teller machine (ATM);
11. Sidewalk vendors shall not engage in sidewalk vending activities
within 25 feet of a:
a. Fire hydrant;
b. Curb which has been designated as white, yellow, green, blue, or red zone,
or a bus zone;
C. Driveway, alley, intersection, or street corner;
d. Entrance or exit to a building, structure or facility; or
e. Trash receptacles, bike racks, benches, bus stop or similar public use
items.
12. Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of
a school nor vend within one (1) hour of school or child daycare facility start time or within one (1) hour
of school or child daycare facility end time;
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13. Stationary sidewalk vendors shall not sell food or merchandise or engage in any
sidewalk vending activities at any park where the City has signed an agreement for concessions that
exclusively allows the sale of food or merchandise by a concessionaire.
(D) Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any
building or structure including, but not limited to lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic
barriers.
5.70.007 Penalties
Violations of Sections 5.70.001 —5.70.006 shall be set by the City Council are as follows:
(A) Violations of Sections 5.70.001 — 5.70.006, inclusive, shall not be prosecuted as
infractions or misdemeanors and shall only be punished by the following administrative fine and
revocation structure:
1. Violation by Permitted Sidewalk Vendor. Any violation of
Sections 5.70.001 — 5.70.006, inclusive, may be punished by fines as set by the City Council via
resolution and which may be updated from time to time.
2. Violation by Un-Permitted Sidewalk Vendor. If a sidewalk vendor violates any
portion of Sections 5.70.001 — 5.70.006, inclusive, and cannot present the citing officer with a proof of a
valid permit, the sidewalk vendor may be punished by fines as set by the City Council via resolution and
which may be updated from time to time.
(B) Upon proof of a valid permit issued by the City, the administrative fines set forth in
Subsection 5.70.007(A)(2) shall be reduced to the administrative fines set forth in Subsection
5.70.007(A)(1), or any successor Sections.
(C) The Director may revoke a permit issued to a sidewalk vendor for the term of that permit
upon the fourth violation or subsequent violations.
5.70.008 Appeals
(A) Appeal of Decision by Director Regarding Sidewalk Vendor Permits.
1. Decisions of the Director may be appealed to the Planning Commission. Decisions
of the Planning Commission may be appealed to the City Council. Appeals may be submitted by any
interested person, in writing, and must include the specific grounds for the appeal. All appeals must be
accompanied by the fee set by the City Council.
2. Unless otherwise provided by a specific provision of this Code, all written appeals
(whether of a Community Development Director's decision or of the Planning Commission) with payment
of the fee, must be submitted to the City Clerk no more than ten calendar days after adoption of the
resolution or other notice of decision.
3. The Planning Commission or City Council shall conduct a public hearing on the
appeal within 30 days from the date of receipt of the appeal, which hearing may be continued from time
to time. Notice of the public hearing shall be given in the same manner as original hearing.
4. A timely appeal suspends and sets aside the decision of the lower authority.
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5. All appeals are de novo; the Planning Commission or City Council may approve,
deny or modify the recommendation of the lower authority.
6. Any Planning Commissioner or City Council member may appeal a project
according to the procedures and within the time frames set out here without payment of the appeal fee.
(B) Appeal of Issuance of Administrative Citation.
1. Decisions of the Director may be appealed to the Hearing Officer by a recipient of
an administrative citation.
2. Appeals for an administrative citation shall be initiated within thirty (30) calendar
days of the decision by the Director.
3. A request for hearing form may be obtained from the City Clerk. A request for
hearing must be accompanied by an advanced deposit of the administrative fine, unless the recipient of
the administrative citation obtains an advanced hardship waiver pursuant to Section 5.70.008,
subdivision (C).
4. The person requesting the hearing shall be notified of the time and place set for
the hearing at least fifteen (15) days prior to and not more than sixty (60) days from the date the date of
the hearing.
5. At the hearing, the party contesting an administrative citation shall be given the
opportunity to testify and to present evidence concerning the administrative citation.
6. The failure of any recipient of any administrative citation to appear at the
administrative citation hearing shall constitute a forfeiture of the fine and a failure to exhaust
administrative remedies.
7. The administrative citation and any additional report submitted by the Director shall
constitute prima facie evidence of the respective facts contained in those documents.
8. The Hearing Officer may continue the hearing and request additional information
from the Director or the recipient of the administrative citation prior to issuing a written citation.
9. After considering all of the testimony and evidence submitted at the hearing, the
Hearing Officer shall issue a brief written decision stating the reasons for upholding or cancelling the
administrative citation. The decision of the Hearing Officer shall be final.
10. If the Hearing Officer determines that the administrative citation should be upheld,
the Hearing Officer shall provide the person with notice of his or her right to request an ability-to-pay
determination and shall make available instructions or other materials for requesting an ability-to-pay
determination discussed in Section 5.70.008, subdivision (B)(11). The person may request an ability-to-
pay determination at or before the hearing or while the administrative fine remains unpaid.
11. If the person meets the criteria described in subdivisions (a) or (b) of Government
Code Section 68632, or any successor section, the Hearing Officer shall accept, in full satisfaction,
twenty (20) percent of the administrative fine imposed pursuant to Sections 5.70.001-5.70.006, inclusive.
12. The Hearing Officer may allow the person to complete community service in lieu
of paying the total administrative fine, may waive the administrative fine, or may offer an alternative
disposition.
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13. If a person does not satisfy the ability-to-pay requirements, all fines deposited with
the City shall remain with the City after the Hearing Officer upholds the issuance of an administrative
citation.
14. If the Hearing Officer determines that the administrative citation should be
canceled and the fine was deposited with the City, then the City shall promptly refund the amount of the
deposited fine, together with interest at the average rate earned on the City's portfolio for the period of
time that the fine amount was held by the City.
15. The recipient of the administrative citation shall be served with a copy of the
Hearing Officer's written decision in the same manner as notices (MMC, § 1.03.150).
(C) Advanced Deposit Hardship Waiver.
1. Any person who intends to request a hearing to contest that there was a violation
of the Code or that he or she is the responsible party and who is financially unable to make the advance
deposit of the fine may file a request for an advance deposit hardship waiver.
2. The request shall be filed with the City Clerk on an advance deposit hardship
waiver application form, available from the City Clerk, within ten (10) days of the date of the administrative
citation.
3. The requirement of depositing the full amount of the fine shall be stayed unless or
until the City Clerk makes a determination not to issue the advance deposit hardship waiver.
4. The City Clerk may waive the requirement of an advance deposit and issue the
advance deposit hardship waiver only if the cited party submits to the City Clerk a sworn affidavit, together
with any supporting documents or materials, demonstrating the person meets the criteria set forth in
Government Code Section 68632, subdivisions (a) or (b).
5. If the City Clerk determines not to issue an advance deposit hardship waiver, the
person shall remit the deposit to the city within ten (10) days of that decision or thirty (30) days from the
date of the administrative citation, whichever is later.
6. The City Clerk shall issue a written determination listing the reasons for his or her
determination to issue or not issue the advance deposit hardship waiver. The written determination of the
City Clerk shall be final.
7. The written determination of the City Clerk shall be served upon the person who
applied for the advance deposit hardship waiver.
SECTION 3. All ordinances and provisions of the Menifee Municipal Code and Sections thereof
inconsistent herewith shall be hereby repealed to the extent of such inconsistency and no further.
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SECTION 4. CEQA. The City Council finds the introduction and adoption of this Ordinance is
not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly.
SECTION 5. Severability. If any Section, Subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and
each and every Section, Subsection, sentence, clause, or phrase not declared invalid or unconstitutional,
without regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6: Notice of Adoption of Urgency Ordinance. The City Council finds and determines
that this urgency Ordinance is adopted as an urgency ordinance pursuant to Government Code Section
36937(b) and is required for the immediate preservation of the public health, safety, and welfare, in that
(1) the City is required to adopt sidewalk vending regulations prior to January 1, 2019, when the
provisions of SB 946 goes into effect; (2) after the City conducted a thorough review of the necessary
provisions and regulations to ensure the protection of the public health, safety, and welfare, the City
Council meeting on December 19, 2018, is the only meeting prior to January 1, 2019; and (3) it is
essential that this urgency Ordinance be adopted and take effect immediately upon its adoption to ensure
that these sidewalk vending regulations, which are essential to the public health, safety, and welfare of
the residents of the City of Menifee and the public in general, are effective so as to avoid obstructions to
the public right-of-way which would pose'a threat to the public health, safety, and welfare.
This Ordinance is passed, approved, and adopted by the City Council as an urgency measure
pursuant to the authority conferred by Government Code Section 36937, subdivision (b) and shall be in
full force and effect immediately upon its adoption by a four-fifths vote of the City Council. The City
Council finds and declares that the health, safety, and welfare of the City's residents, businesses; and
visitors require the foregoing regulations to be in force and effect prior to January 1, 2019, when the
provisions of SB 946 take effect.
SECTION 7: The City Clerk of the City of Menifee shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published in the manner required by law in the City of
Menifee.
This Urgency Ordinance was APPROVED AND ADOPTED this nineteenth day of December,
2018. --V/)
AV---
Bill Zim a , Mayor
ATTE
ara A. Manwaring, City Clerk
AP VE AS TO FORM:
reC;
etching, r
torney
GtTY pp,
�"1ENIFEE,
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing
Urgency Ordinance No. 2018-263 was duly adopted by the City Council of the City of Menifee at
a meeting thereof held on the 19th of December, 2018 by the following vote:
Ayes: Deines, Liesemeyer, Sobek, August, Zimmerman
Noes: None
Absent: None
Abstain: None
6Sa ih A.�Manwariing, City Cler