The City Council of Yuba City expressly finds that the vending of produce and prepared or prepackaged foods, goods, wares, and/or services on public streets, sidewalks, or alleys and on private property could potentially pose unsafe conditions and special dangers to the public health, safety, and welfare of the residents of the City of Yuba City. It is the purpose and intent of the City Council, in enacting this article, to provide those persons who engage in those types of vending operations with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.

(§ 2, Ord. 004-10, eff. June 17, 2010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Business owner" shall mean any person, firm, or corporation, which owns or controls any interest in any business engaged in vending as defined in subsection (u) of this section.

(b)

"Building complex" shall mean a grouping of any number of buildings that was comprehensively planned as a single or multi-phased project. Building complexes are characterized by shared ingress/egress and parking improvements and master planned utility infrastructure. Building complexes can be located on the same or separate parcel(s) of land.

(c)

"Commissary" shall mean a food establishment in which food, containers, equipment, or supplies are stored or handled for use in motorized food wagons or conveyance.

(d)

"Conveyance," as used in this chapter, shall mean any vehicle (except motorized food wagons, as defined below), trailer, cart, wagon, or stand, with or without wheels, which may be moved from one place to another under its own power or by other means.

(e)

"Fixed place of business" shall mean a commercial activity operating from an immoveable building or enclosed structure at a permanent location which complies with applicable City, State and Federal regulations.

(f)

"Itinerant merchant," for purposes of this chapter, shall mean any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the City, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the City, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.

(g)

"Mobile vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vehicle to make a purchase. This term includes mobile caterers, lunch wagons, eating cars, ice cream trucks, pushcarts, bicycle carts, motorized food wagon or conveyance.

(h)

"Mobile unit" shall mean any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.

(i)

"Motor vehicle" shall mean any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

(j)

"Motorized food wagon" shall mean any vehicle as defined in the California Vehicle Code, which is equipped and used for retail sales of prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind on any public street, alley, highway, or private street, alley, or property within the City of Yuba City. For the purposes of this chapter, a motorized food wagon shall also include any trailer or wagon pulled by a vehicle.

(k)

"Open air vendor" shall mean a person conducting commercial activity from either a motorized or nonmotorized vehicle at a fixed location on private property, offering goods for sale on a temporary, intermittent or seasonal basis in which customers approach the vending operation to make a purchase. Open air vendor operations are not mobile enough to comply with the time requirements identified for mobile vendors and are therefore constrained to setting up operations at an approved fixed location.

(l)

"Operator's permit" shall mean either a mobile vendor permit or an open air vendor permit as provided for in this article.

(m)

"Peddler," for purposes of this chapter, shall mean any person traveling by ft., motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit.

(n)

"Peddle" and "peddling" shall mean traveling by ft., motorized vehicle, nonmotorized vehicle or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale.

(o)

"Peddling" shall mean the act of being a peddler.

(p)

"Permittee" shall mean the person issued a permit to operate either a mobile or open air vending operation by the City of Yuba City.

(q)

"Persons" shall mean any person, firm, partnership, association, or corporation, and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of motorized food wagons and conveyances.

(r)

"Public sidewalk or street" shall mean all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways or dedicated easements for public rights-of-way.

(s)

"Solicitor," "drummer," or "canvasser" shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he or she is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered.

(t)

"Traveling merchant" shall mean any person who engages in buying, selling, trading or exhibition for purchase, sale or trade of any goods, wares, merchandise or services door-to-door, street-to-street or on a temporary or intermittent basis from a location which is not a fixed place of business. Traveling merchant includes, but is not limited to mobile street vendors and persons commonly referred to as solicitors, peddlers, hawkers, itinerant merchants, door-to-door salesman and transient vendors.

(u)

"Vend" or "vending" shall mean the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from private or public property.

(v)

"Vendor"/"operator" shall mean any person who sells and makes immediate delivery, or offers for sale and immediate delivery, any goods, wares, or merchandise, or drives, operates, vends, and/or prepares food on or from a motorized food wagon or conveyance.

(§ 2, Ord. 004-10, eff. June 17, 2010)

It is unlawful for any person to vend, or attempt to engage in vending or operate any vehicle or conduct any business for the purpose of vending from any vehicle, motorized food wagon, or conveyance parked, stopped, or standing upon any public street, alley, highway, or property, or private street, alley, or property within the City of Yuba City except in accordance with all applicable provisions of this Code.

(§ 2, Ord. 004-10, eff. June 17, 2010)

A person desiring to engage in a mobile vendor operation, as defined by this article, shall submit a written application for a zoning clearance permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, non-transferable application fee in an amount as may be established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. Additionally, the permittee shall display a City issued permit sticker upon each of their mobile unit, motor vehicle, or motorized food wagon as defined herein to demonstrate compliance with the requirements of this article.

(a)

As part of the permit to operate application, the vendor or business owner shall provide the following:

(1)

Name, mailing address, and telephone number of applicant;

(2)

Presentation of a California driver's license, if any, or other photographic identification issued by a State or United States Federal agency establishing the applicant's age as 18 or older;

(3)

Proof of current vehicle registration and a copy of an applicable vehicle insurance policy for any vehicles used in the vending activity;

(4)

Four photographs (showing different exterior views) of each motorized food wagon or conveyance;

(5)

A copy of a current Sutter County Environmental Health permit for any food service vending operation;

(6)

A copy of the vendor or business owner's current business tax certification and applicable Board of Equalization Seller's Permit;

(7)

Business owners must show proof of payment to a commissary for the prior 12 months for all cases involving the reissuance of a permit; and proof of current payment for new vendors;

(8)

Satisfactory proof of insurance as required by Section 8-5.5355;

(9)

A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity.

(b)

A permit to operate shall be granted unless:

(1)

The operator fails to submit a complete application;

(2)

The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;

(3)

The operator has violated this article within the last 12 months;

(4)

Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;

(5)

The operator has not otherwise complied with this article.

(§ 2, Ord. 004-10, eff. June 17, 2010)

A person who has obtained a zoning clearance permit to operate a mobile vending operation shall comply with all of the required conditions below or be subject to revocation of the permit as described in Section 8-5.5360.

(a)

No permittee shall engage in business activity between the hours of 8:00 p.m. and 8:00 a.m., except upon invitation of the occupant or business owner.

(b)

No permittee shall solicit or attempt to solicit on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner or occupant desire not to be solicited.

(c)

The peddling of goods, merchandise, wares or foods within a public or private parking lot is prohibited, unless the permittee can provide written permission from the property owner of the subject property to be located at said location.

(d)

The permit shall be exhibited by the permittee whenever requested by a law enforcement officer or at the request of any citizen the permittee is engaged in selling or soliciting.

(e)

The permittee shall maintain a valid City of Yuba City Business License at all times.

(f)

No permittee shall peddle goods from any motorized vehicle that is not properly licensed and insured as required by the State of California.

(g)

Any permittee engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Sellers Permit issued by the State Franchise Tax Board.

(h)

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

(i)

No permittee shall peddle items or solicit to a captive audience, including persons in lines or seated in public places.

(j)

No permittee shall peddle any prepackaged food unless the items have all State and Federally required food labels and a Sutter County Environmental Health permit, to sell such items.

(k)

Except as otherwise provided, no permittee shall peddle any goods, merchandise, wares or foods by sitting, standing or walking on a public street, or upon a median or parkway within a public street or right-of-way.

(l)

No permittee shall peddle or attempt to peddle to the occupant(s) of a vehicle in a public street or highway.

(m)

The permittee may not park, store or maintain a vehicle on a residentially zoned parcel in the City or a public street in a residential area.

(n)

The permittee shall comply with all California State Vehicle Code Requirements.

(o)

The peddling of goods, merchandise, wares or foods from a nonmotorized vehicle with the exception of bicycle carts shall be limited to the public or private sidewalk. Except for bicycle carts peddling is prohibited from or within a public street or highway.

(p)

The use of amplified music and horns must comply with the City's noise regulations as specified in Title 4, Chapter 17.

(§ 2, Ord. 004-10, eff. June 17, 2010)

(a)

A mobile vendor may locate and operate in the public right-of-way subject to the following conditions:

(1)

A vendor shall not operate within 100 ft. of any street intersection.

(2)

No mobile vendor shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within 200 ft. of another mobile vendor who has already stopped to conduct business.

(3)

A mobile vendor shall move not less than 600 ft. at least every 30 minutes and may not return to a previous location or within 600 ft. of a previous location on the same calendar day.

(i)

The lone exception to the above requirement is at an industrial building or office building where there are multiple shift changes during the course of a 24-hour day. For those occurrences, a mobile vendor can return to the same location a maximum of two times during a calendar day.

(§ 2, Ord. 004-10, eff. June 17, 2010)

(a)

Any permitted mobile vendor who stops at a site shall maintain the property as follows:

(1)

The site shall be maintained in a safe and clean manner at all times.

(2)

No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted for the customers of the business.

(3)

Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

(b)

Any permitted mobile vendor shall comply with the following standards for the condition/appearance of their motorized food wagon and conveyance:

(1)

The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.

(2)

Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications.

(3)

Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.

(4)

The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.

(c)

Any permitted mobile vendor shall comply with the following sanitation standards.

(1)

All motorized food wagons or conveyances shall operate out of a commissary pursuant to the requirements of the California Health and Safety Code.

(2)

All motorized food wagons or conveyances shall be equipped with refuse containers large enough to contain all refuse generated by the operation of such a vehicle, and the vendor of the motorized food wagon or conveyance shall pick up all refuse generated by such operation within a 25 ft. radius of the vehicle before such vehicle is moved. No vendor shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

(3)

A motorized food wagon or conveyance shall comply with California Health and Safety Code regarding the availability of adequate toilet facilities for use by food service personnel.

(§ 2, Ord. 004-10, eff. June 17, 2010)

A person desiring to engage in an open air vendor operation, as defined by this article, shall submit a written application for a use permit with all supporting information required by the City of Yuba City. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as may be established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid annually for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one vendor with a valid permit present whenever vending is taking place.

(a)

As part of the permit to operate application, the vendor or business owner shall provide the same information as specified in Section 8-5.5320(a). In addition, the applicant must also provide the following:

(1)

An affidavit in a form approved by the City from the property owner (if other than self) permitting the vendor to locate on the site;

(2)

A site plan, drawn to scale and with dimensions, indicating the location of all existing buildings, structures, driveways, parking spaces, traffic controls, and improvements, and the location or areas where the proposed vending activity, structures, and improvements related to the vending activity will be located upon the site;

(3)

If the open air vendor is located within 400 ft. of a business selling similar goods and products, then the vendor shall obtain written approval from said business and submit such written approval as part of the application.

(b)

The open air vending application for a use permit shall be forwarded to the Planning Commission for review unless:

(1)

The operator fails to submit a complete application;

(2)

The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application;

(3)

The operator has violated this article within the last 12 months;

(4)

Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe;

(5)

The operator has not otherwise complied with this article.

(c)

Any use permit request for an open air vending operation shall be processed in accordance with Section 8-5.7003.

(§ 2, Ord. 004-10, eff. June 17, 2010)

(a)

Open air vending operations are allowed under the following conditions or be subject to revocation of the permit as described in Section 8-5.5360:

(1)

Vendors may only locate on private property. No open air vending operations shall be allowed on public property, including the public right-of-way.

(2)

Open air vending operations are allowed in areas where there is a large unmet need for service to be offered by the open air vendor; in general, open air vending operations shall only be allowed in the following areas of the City:

(i)

Industrial building/complex greater than 65,000 square ft.

(ii)

Office building/complex greater than 50,000 square ft.

(iii)

Retail building/complex greater than 100,000 square ft.

The Planning Commission may issue use permits for open air vending operations in areas of less square footage than shown above when the findings for issuance of a use permit, as provided in section 8-5.7003(d), and in particular, finding number (d)(5), can be made, based on information in the record. The obligation to present evidence of an unmet need in areas of less square footage than shown above is the responsibility of the applicant.

(3)

Open air vending operations shall comply with the following development standards:

(i)

An open air vendor shall be incidental to a primary use of the subject property on which it's located, with the primary use having a valid City of Yuba City Business License.

(ii)

An open air vendor shall not be permitted as an accessory use to a stand-alone parking lot.

(iii)

If the open air vendor is located within 400 ft. of a business selling similar goods and products, then the vendor shall obtain written approval from said business before being issued permit to operate.

(iv)

An open air vendor cannot utilize, or be located on, parking spaces required for the primary use at that property.

(v)

An open air vendor cannot be located on a vacant, undeveloped parcel or lot.

(vi)

An open air vendor must be located on a paved concrete or asphalt parking surface.

(vii)

An open air vendor cannot interfere with access, parking, aisles, circulation, driveways, or fire lanes and hydrants.

(viii)

An open air vendor cannot interfere with pedestrian movement or create a pedestrian hazard.

(ix)

An open air vendor shall not peddle any food unless the items have all State and Federally required food labels and a Sutter County Environmental Health permit, to sell such items.

(x)

An open air vendor engaged in the sale of tangible personal property that would normally be subject to sales tax if sold at retail shall maintain and have available for review, their California Seller's Permit issued by the State Franchise Tax Board.

(§ 2, Ord. 004-10, eff. June 17, 2010)

(a)

Any permitted open air vendor who is located at an approved fixed location shall maintain the property as follows:

(1)

The site shall be maintained in a safe and clean manner at all times.

(2)

No tables, chairs, fences, shade structures, or other site furniture, (permanent or otherwise) or any freestanding signs shall be permitted for the customers of the business.

(3)

Exterior storage or display of surplus refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited.

(b)

Any permitted open air vendor shall comply with the following standards for the condition/appearance of their motorized food wagon and conveyance.

(1)

The vendor shall display, in plain view and at all times, current permits and licenses in or on their vehicle.

(2)

Any motorized food wagon or conveyance used in the course of vending shall be entirely self-sufficient in regards to gas, water, and telecommunications.

(3)

Should any utility hook-ups or connections to on-site utilities be required, the vendor shall be required to apply for appropriate permits to ensure building and public safety and consistency with applicable building and zoning regulations.

(4)

The vendor shall not discharge items from any motorized food wagon or conveyance vehicle onto the sidewalk, gutter, storm inlets, or streets.

(§ 2, Ord. 004-10, eff. June 17, 2010)

To obtain an operator's permit from the City, the operator must demonstrate that it maintains, at its sole expense, liability insurance meeting the following requirements:

(a)

General liability coverage of $1,000,000 per occurrence for bodily injury personal injury and property damage.

(b)

Separate commercial automobile liability insurance for each motor vehicle proposed to be operated within the City pursuant to the operators permit, with at least the following limits of liability: $1,000,000 per accident for bodily injury and property damage.

(c)

Evidence that the operator has procured workers compensation insurance covering all employees of the operator.

(d)

Required insurance must be issued by companies admitted to do business in California, with a current A.M. Best rating of no less than A:VI. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

(e)

Each insurance policy required by this Section 8-5.5355 shall provide a minimum scope of insurance at least as broad as:

(1)

Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01).

(2)

Insurance Services Office Form Number CA 00 01 covering Automobile Liability, Code 1 (any auto).

(f)

The general liability and automobile liability policies are to contain the following provisions:

(1)

The City, its officers, agents, officials, employees and volunteers must be named as additional insureds under the policies. General liability coverage shall be provided in the form of an additional insured endorsement (CG 20 10 11 85 or equivalent) to the operator's insurance policy, or as a separate owner's policy.

(2)

For any claims related to the operator's permit or vehicle, the operator's insurance coverage shall be primary insurance as respects the City, its officers, agents, officials, employees and volunteers.

(3)

Each insurance policy required by this Section 8-5.5355 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

(4)

Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees, and volunteers, or the operator shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Any permit issued by the City under this article may be revoked by the issuing party for any of the following reasons, including but not limited to the following:

(a)

The existence of any fact which, at the time of application, would have caused the City to deny the application, whether such fact existed at the time of the application or occurred thereafter;

(b)

Any violation of laws relating to the requirements for operation of a mobile or open air vending operation;

(c)

Failure to maintain insurance as required by this article;

(d)

Failure to maintain a mobile or open air vending operation in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a permit;

(e)

Fraud, misrepresentation, or a false statement made in the course of applying for a permit or carrying on the business of a vendor;

(f)

The conviction of any crime or misdemeanor involving moral turpitude;

(g)

Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public; or

(h)

Any violation of this article.

(§ 2, Ord. 004-10, eff. June 17, 2010)

An operator or applicant to for an operator's permit shall be entitled to appeal the City's decision to revoke or deny a permit by filing a written notice of appeal with the City Clerk within ten days from the date the notice of revocation or denial is mailed. The appeal shall set forth the reasons why such action is not proper. Failure to set forth specific reasons why the action is improper or to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final. The appeal shall be conducted pursuant to the provisions of Article 70 of the Zoning Code.

(§ 2, Ord. 004-10, eff. June 17, 2010)

The provisions of this article shall not apply to:

(a)

Any person engaged in vending conducted in connection with the operations of a State-certified open-air market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Yuba City.

(b)

Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

(c)

Persons invited to call upon private residences or businesses that operate from a fixed place of business located in or outside the City limits.

(d)

Persons selling or soliciting sales of daily or weekly newspaper as defined by the California Government Code.

(e)

Persons soliciting or canvassing on behalf of or against any candidate for public office or any ballot initiative.

(f)

Persons engaged in selling or soliciting sales as a fundraiser for a local school, civic or nonprofit corporation. For the purposes of this section, local shall mean within a seven-mile radius of the City limits.

(g)

Persons engaged in religious solicitation or other protected religious activities.

(§ 2, Ord. 004-10, eff. June 17, 2010)

The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this article into law except for those three preexisting businesses identified by the City Council which shall be required to enter into a separate agreement with the City to allow for the continued operation of those businesses (which include: Fat Daddy's Hot Dogs; Fotine's Greek Café; and Rosie's Snobiz). Said agreement, among other things, shall specify that the operators of those three pre-existing, nonconforming businesses can continue to operate at their current locations, selling those items currently sold. The right to operate these businesses shall not be transferable and no expansion of the site or business shall be allowed. These businesses must obtain the insurance required by this article, comply with all applicable Sutter County Health Department regulations and possess a valid City of Yuba City Business License at all times of operation.

(§ 2, Ord. 004-10, eff. June 17, 2010)

Any person violating any provisions or failing to comply with any of the mandatory requirements of this article is subject to the following penalties:

(a)

Violations are subject to enforcement by any means authorized in this Code, including but not limited to the administrative enforcement provisions established in Section 1-6.010 of the Municipal Code;

(b)

Revocation of permit to operate/conditional permit to operate as defined herein in Section 8-5.5360.

(§ 2, Ord. 004-10, eff. June 17, 2010)

The provisions of this article may be enforced by any peace officer, or the Director of Community Development or his/her designee.

(§ 2, Ord. 004-10, eff. June 17, 2010)