§ 5-12.22. Manner of peddling.

(a)

No peddler shall peddle any goods, merchandise, wares or food from any non-motorized vehicle on any portion of any public sidewalk or street or right-of-way.

(b)

No peddler shall peddle goods, merchandise, wares or food by sitting, standing or walking on a public right-of-way, sidewalk or street or upon a median or grassy embankment within a public sidewalk or street right-of-way. This does not include sitting or standing in a motorized vehicle that is lawfully parked on a public street and for which the peddler has a permit and business license to peddle.

(c)

No peddler shall stand or park any motorized vehicle for more than ten (10) minutes in any particular location, nor shall any peddler stand or park any motorized vehicle in violation of any City ordinance. Regardless of the length of time parked at any particular location, no peddler shall park within 500 feet, as measured in any direction, of an area where he or she previously parked at the beginning of the ten (10) minute period, until twenty-four (24) hours have elapsed from the end of said ten (10) minute period.

(d)

No vending shall occur or be conducted from a parked vehicle on any street during peak traffic hours, as determined by the Public Works Director, or on any street or portion thereof determined to be unsafe due to limited line of sight, traffic control impacts or high traffic flow. The Public Works Director may limit the days or hours that vending from a vehicle may occur at any location due to traffic safety concerns, parking shortages or repairs or maintenance work.

(e)

No peddler using a motorized vehicle shall carry any merchandise, wares, goods or food outside a ten foot radius encircling the motorized vehicle. Signs shall be limited to those affixed to the vehicle and shall otherwise comply with all City ordinances.

(f)

No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic, and no peddler shall distribute any item from such a motorized vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.

(g)

No peddler shall park a motorized vehicle on any street during the hours of 8:00 p.m. through 7:00 a.m. of the next succeeding day.

(h)

No peddler shall sell or offer for sale any food or other goods from a motorized vehicle unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons . Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food or goods.

(i)

Between 8:00 p.m. and 7:00 a.m., the peddler shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this City where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell.

(j)

No peddler shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place.

(k)

No peddler shall peddle any items to a captive audience including persons in lines or seated in public areas.

(l)

No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this subsection shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.

(m)

No peddler shall stop, stand or park any motorized vehicle in violation of any provision of the California Vehicle Code or the Simi Valley Municipal Code.

(n)

No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the State of California and the peddler has all required permits, including, without limitation, Health permits, to sell such items.

(o)

No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under State law for operating the motorized vehicle.

(p)

Peddlers that had been in business for at least three years prior to the effective date of Ordinance No. 1109 and that had been issued all of the following shall be exempt from subsection (c) of this section relating to time limits on standing or parking a motorized vehicle in any particular location:

(1)

A Solicitors Permit;

(2)

A Health Permit;

(3)

A Business Tax Certificate.

Upon verification that a peddler meets the foregoing requirements, the Police Department shall issue an exempt permit, which shall be displayed at all times while conducting business. Nothing herein shall relieve holders of exempt permits from compliance with other State and local laws.

(§ 2, Ord. 1109, eff. March 15, 2007, as amended by § 1, Ord. 1114, eff. July 12, 2007)