HomeMy WebLinkAboutMC-1189
Adopted: October 18, 2004
Effective: November 18, 2004
1 ORDINANCE NO. MC-1l89
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
3 MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. San Bernardino Municipal Code Section 5.04.495 is amended to now read in
its entirety as follows:
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"5.04.495 Transient merchants/vendors and temporary businesses prohibited.
A. It shall be unlawful for any person or persons /0 offer for sale, trade, or barter, to
9 crea/e, to possess items to be sold, traded, or bartered, or to sell, trade, or barter any
items including but not limi/ed /0 manufactured i/ems, homemade items, packaged and
10 unpackaged goods, commodities, food, agricultural products, vehicles, furni/ure, or any
o/her i/em or to offer any service, from a temporary stand, or other temporary location,
11 upon any public street, alley, sidewalk, righ/-o.fway, easement, or other public place,
doorway of any room or building, unenclosed building, building for which no certificate
12 of occupancy has been issued, vacant lot,front or side yard, back yard (except as
permilled in chapter 5.68 of this tii/e), driveway, parking lot, or parcel ofland, either
13 paved or unpaved, at any time.
B. Possession of a valid City of San Bernardino Business Regis/ration Certificate or
14 Permit issued under any section of chapter 5.04 of this tii/e is not a defense /0 see/ion (A)
if /he transient merchant/vendor slays at any location not lis/ed on /heir Business
15 Registration Certifica/e or Permit for more than five (5) minutes in a iwenty-four (24)
hour period.
16 C. This see/ion is intended to make i/ unlawful for any person or persons to offer,
create, possess i/ems to sell, or commence to sell items a/locations that have not been
17 approved by the City, and to prohibit transien/ merchants/vendors and temporary
businesses. The Mayor and Common Council find /hat transient merchants/vendors and
18 /emporary businesses at /emporary locations cause blight; they unlawfully compete
against lawful businesses wi/hout paying permi/ fees or taxes; /hey encourage people /0
19 unlawfully assemble; /hey threaten /he public's health and safety, public sanitation, and
the public welfare; and they create a public nuisance.
20 D. This section applies to all transient merchan/s/vendors regardless of their employer or
purpose. "
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SECTION 2. San Bernardino Municipal Code Section 5.04.496 is amended to now read
22 in its entirety as follows:
"5.04.496 Property owner responsibility for transient merchants/vendors and
temporary businesses.
It shall be unlawful for /he owner, tenant, and/or person in control or charge of any real
25 or personal property to authorize another to engage in or to allow any of/he activities
rohibited in section 5.04.495 on that property. "
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MC-1l89
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
2 5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
3
SECTION 3. San Bernardino Municipal Code Section 5.04.499 is added to read as
4 follows:
"5.04.499 Severability.
If any provision of seclions 5.04.495, 5.04.496, 5.04.497 or 5.04.498 is determined by
6 any court of competent jurisdiction, or by any federal or state agency havingjurisdiction over its
ubject matter, to be invalid or in conflict with any paramount federal or state law or regulation
7 now or hereafter in effect, or is delermined by thai court or agency 10 require modification in
8 order to conform to the requirements of thai paramount law or regulation, then that provision
will be deemed a separate, distinct, and independent pari of this chapler, and such delermination
9 will not affect Ihe validity and enforceability of any other provisions."
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MC-1l89
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS
5.04.495 AND 5.04.496, AND ADDING SECTION 5.04.499 OF THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING TRANSIENT VENDORS.
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4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
5 Common Council of the City of San Bernardino at a regular meeting thereof, held on the
18tlrlayof October ,2004, by the following vote, to wit:
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Approved as to form
23 and legal content:
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COUNCIL MEMBERS: AYES
ESTRADA X
LONGVILLE X
MCGINNIS X
DERRY
KELLEY X
JOHNSON ~
MCCAMMACK ~
NAYS
ABSTAIN ABSENT
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)0 fLC&i.a.J}tQ d tn.a-; bPt'tdli
City Clerk 0
The foregoing Ordinance is hereby approved this
tJ
ayof October, 2004.
d-CL~
TH V ALLES, Mayor
of San Bernardino
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JAMES F. PENMAN
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City Attorney
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