RES-11482 APPEAL AND IMPOUNDMENT FEES RELATING TO SIDEWALK VENDORSRESOLUTION NO. 11482
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE SETTING THE AMOUNT OF
APPEAL AND IMPOUNDMENT FEES RELATING
TO SIDEWALK VENDORS
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange
City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are
not in conflict with general laws; and
WHEREAS, On April 11, 2023, the City Council adopted Ordinance No. 03-23
implementing sidewalk vending regulations to provide a licensing and permitting process and
impose operational requirements for sidewalk vendors in the City to comply with California Senate
Bill 946,the California Safe Sidewalk Vending Act("SB 946") and protect the health, safety, and
welfare of the community; and
WHEREAS, the City desires to amend the provisions of the Orange Municipal Code to
impose regulations related to the impoundment of sidewalk vendor vending carts,food,equipment,
goods and merchandise (collectively classified as "items") due to violations of City, county, state
or federal laws relating to health, safety and welfare and to set forth an appeal process for the
denial of a Sidewalk Vending Permit or the impoundment of said items; and
WHEREAS, on July 11, 2023, the City adopted Urgency Ordinance No. 10-23 to
immediately implement regulations related to the impoundment of sidewalk vending items in order
to preserve objective health, public safety, and welfare concerns, including but not limited to the
health, safety and welfare of vendors,their prospective customers,pedestrians,those protected by
the Americans With Disabilities Act,those operating motor vehicles at intersections and in rights-
of-way adjacent to sidewalks, and the public at large, and also to create an appeal process for the
denial of a Sidewalk Vending Permit and the impoundment of sidewalk vending items. On that
date, the City also introduced Ordinance No. 09-23 to implement those same sidewalk vending
regulations and appeal process.
NOW,THEREFORE,IT BE RESOLVED by the City Council of the City of Orange as
follows:
1. An Impound Fee of$710.00 shall be required from any sidewalk vendor who wishes to
recover impounded items(excluding any items that were immediately disposed of because
they were perishable or could not be safely stored). Said Impound Fee shall be payable in
full prior to recovering the items and upon demonstrating proper proof of ownership of the
items. If said impoundment action is appealed and the hearing officer upholds the appeal,
no Impound Fee shall be required.
2. An Administrative Appeal Fee of$85.00 shall be required for any person who wishes to
appeal any of the actions listed below before a hearing officer. If the hearing officer
upholds the appeal,the Administrative Appeal Fee shall be refunded.
a. Denial or revocation of a Sidewalk Vending Permit.
b. Impoundment of sidewalk vending items.
3. This Resolution shall be effective immediately upon the effective date of Ordinance No.
10-23 and in no case later than the effective date of Ordinance No. 09-23.
ADOPTED this 11th day of July 2023.
ari•l R. Slater, Mayor, City of Orange
ATTEST:
aeem tae_.#
Pamela Coleman, City Clerk, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) .ss
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 11 th day of July 2023, by the following vote:
AYES:COUNCILMEMBERS: Barrios,Dumitru,Tavoularis,Bilodeau, Gyllenhammer,
and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Gutierrez
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11482 2