5.08.1570 Violations and penalties.
(1) A violation of this article by a sidewalk vendor who has a current and valid sidewalk vending permit issued by the city pursuant to this article is punishable only by an administrative citation pursuant to Chapter 1.40 CMC, in the following amount:
(a) One hundred dollars for a first violation.
(b) Two hundred dollars for a second violation within one year of the first violation.
(c) Five hundred dollars for each additional violation within one year of the first violation.
(d) The city may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations, in accordance with the provisions of CMC 5.08.1575.
(2) Any person engaged in sidewalk vending without a current and valid sidewalk vending permit issued pursuant to this article is punishable only by an administrative citation pursuant to Chapter 1.40 CMC, in the following amounts, in lieu of the amounts set forth in subsection (1) of this section:
(a) Two hundred fifty dollars for a first violation.
(b) Five hundred dollars for a second violation within one year of the first violation.
(c) One thousand dollars for each additional violation within one year of the first violation.
(d) Upon proof of a valid permit issued by the city pursuant to this article, the administrative citations set forth in this subsection (2) shall be reduced to the amounts set forth in subsection (1) of this section.
(3) A violation of this article shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this article shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
(4) Any administrative citation issued pursuant to this article shall be accompanied with notice of and instruction regarding the citee’s right to request an ability-to-pay determination. When assessing administrative citations pursuant to this article, the administrative hearing officer shall take into consideration the person’s ability to pay the fine. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(5) If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent of an administrative citation imposed pursuant to this article. (Ord. 709 § 3, 2020).