Chapter 5.10
TRANSIENT MERCHANTS AND TEMPORARY BUSINESSES

Sections:

5.10.010    Transient merchants and temporary businesses prohibited.

5.10.020    Property owner responsibility for transient merchants and temporary businesses.

5.10.030    Seizure – Hearing.

5.10.040    Penalty.

5.10.010 Transient merchants and temporary businesses prohibited.

A. It shall be unlawful for any person to sell merchandise, motor vehicles, trailers, foodstuffs, stuffed animals, fruits, vegetables, flowers, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand or other temporary location upon any public street, alley or other public place, doorway of any room or building, unenclosed building, or vacant lot or parcel of land, either paved or unpaved. This section does not apply to businesses with licenses issued pursuant to Chapter 5.05 CMC or to those garage sales which may be exempt pursuant to CMC 5.05.050.

B. The purpose of this chapter is to make it unlawful for a person or persons to sell or commence to sell those items listed in subsection (A) of this section at locations that have not been approved by the city council of the city of Calimesa, and to prohibit transient merchants and temporary businesses. [Ord. 91-39; Code 1990 § 4.3.01.]

5.10.020 Property owner responsibility for transient merchants and temporary businesses.

A. It shall be unlawful for any property owner to authorize or allow the sale of merchandise, motor vehicles, trailers, foodstuffs, stuffed animals, fruits, vegetables, flowers, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand or other temporary location in the doorway of any room or building, unenclosed building, or on any vacant lot, or parcel of land, either paved or unpaved, unless a license has been issued for such sales pursuant to Chapter 5.05 CMC or the sales or garage sales which may be exempt pursuant to CMC 5.05.050.

B. A property owner shall be conclusively presumed to have authorized and allowed any commercial activity occurring on his property. [Ord. 91-39; Code 1990 § 4.3.02.]

5.10.030 Seizure – Hearing.

A. In addition to any criminal action which may be taken, any authorized officer may seize the items offered for sale contrary to CMC 5.10.010 and 5.10.020 and hold said items pending hearing before the city clerk or the designated representative of the city clerk. The hearing must be held within 30 days following the giving of notice of such seizure to the seller. If the seller is unavailable or unknown, notice of the hearing may be posted at the location where the items were offered for sale.

B. At the hearing the city clerk, or the designated representative of the city clerk, shall determine whether a license pursuant to Chapter 5.05 CMC has been issued. If the city clerk, or the designated representative of the city clerk, determines that such a license has not been issued, the city clerk, or the designated representative of the city clerk, may destroy or otherwise dispose of the items seized or may return such items to the seller upon payment by the seller of all costs of the seizure and hearing.

C. If the seized items are to be evidence in a criminal proceeding they shall not be returned or destroyed pending release by the appropriate authorities.

D. If the items seized are perishable and the value thereof in the estimation of the seizing officer is greater than $100.00, the items shall be sold, if possible, and any money received shall be the subject of the hearing. If the value of the perishable items are, in the estimation of the seizing officer, less than $100.00, they may be destroyed, or otherwise disposed of, but the hearing shall still be noticed.

E. Any animals seized pursuant to this section shall be impounded, returned or disposed of pursuant to the Calimesa Municipal Code.

F. If the seller or his or her agent does not appear for the hearing provided for in this section, the items seized shall be deemed abandoned and may be disposed of as other surplus city property.

G. As used in the section, “officer” or “authorized officer” shall mean the city manager, his designated representative, any peace officer of the city of Calimesa, or any animal control officer. [Ord. 91-39; Code 1990 § 4.3.03.]

5.10.040 Penalty.

Violations of CMC 5.10.010 and 5.10.020 shall be a misdemeanor punishable as provided in Chapter 1.20 CMC. [Ord. 91-39; Code 1990 § 4.3.04.]