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City Law Regarding Sidewalk Vendors is Designed to Protect Minors from Public Display of Harmful Material

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The City of Mission Viejo this week will begin enforcing a City law regarding sidewalk vendors that is designed to protect minors from the public display of harmful material.  

According to Mission Viejo Municipal Code Sections 11.10.020 and 14.01.580, the bottom portion (two-thirds) of any vulgar or profane word, depiction, photo or graphic must always be blocked from public view. To comply with the Municipal Code, sidewalk vendors can remove or conceal items entirely from the public eye. Violators of the Municipal Code could face daily citations.  

Along with adhering to the Municipal Code, vendors are required by the American Disabilities Act (ADA) to provide at least four feet of sidewalk clearance. Vendors are prohibited from setting up booths on a curb ramp or at the top of a curb ramp. Violations blocking the path of travel are subject to citation under Section 14.01.010. 

California Senate Bill 946 (Sidewalk Vendors) - opposed by Senator Patricia Bates (R-Laguna Niguel) -  allows vendors to sell merchandise on public sidewalks as long as they do not violate the American Disabilities Act. The law does not require them to have a permit from the City.  However, those sidewalk vendors displaying harmful material to minors in the public view could face Municipal Code citations of up to $500. 

Sidewalk vendors with questions or residents with complaints (and accompanying photos) should contact PublicWorks@cityofmissionviejo.org or call 949-470-3056.  

Comments

Submitted by Jerry Cohen on Thu, 01/28/2021 - 11:20 pm

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I think the entire city council needs to be voted out for allowing this to go on this long
It took an uproar from the citizens to force them to act.

Submitted by Dennis hosier on Fri, 01/29/2021 - 5:20 am

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THANK YOU!! I was especially unhappy about the continued display of vulgar shirts and flags etc. that these vendors were selling!! There has to be boundaries if not why can't some wacko set up a stand on a street corner and sell porno/ guns/ etc.

Submitted by richard on Fri, 01/29/2021 - 7:39 am

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All words are God's words.

Replusive are the so-called righteous that judge, in the name of 'good'. Your words tell others exactly who you are.

The real vulgarity and violence is the lack of courage by our elected to abide by the laws and constitution that delivered the freedoms, for now, of religion and speech.

cancel google, amazon, facebook, twitter, nike, nba, nfl, et al.; who are quickly killing our great country, with your support.

Submitted by D. Garcia on Fri, 01/29/2021 - 7:50 am

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Thanks for taking action but wonder why they even have. A permit to be por on the sidewalk. Doesn’t make our beautiful city look pretty and I’ve never seen these pop up before. Will the city stop those permits? Specially if the company is not even from here?

Submitted by Larry on Fri, 01/29/2021 - 8:18 am

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It is apparent that the leadership of our City was cooperating with the Trump campaign to enable all the hate that those stands spread. That cooperation is just not right.

Submitted by Nicole on Fri, 01/29/2021 - 8:48 am

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I was curious as to what municipal code the cars with the billboards of aborted fetus’ falls under. That to is graphic, profane, and offensive.

Submitted by Stephen K Bauman on Fri, 01/29/2021 - 11:22 am

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I'm willing to bet that at least 90% of the people that are upset about these vendors have not done anything to serve their nation. As a veteran I took an oath to "protect and defend the Constitution from enemies both foreign and domestic". I see the people who are so offended by a word as domestic enemies because they seem to have conveniently forgotten that the same document that allows them to complain also protects the vendors right to express their views. Much like all the people in the entertainment industry who said they'd leave the country if Trump won when he first ran for president not a one of them left even when fellow entertainers Jon Voight and Robert Davi both offered to pay for their tickets; you can also leave if you don't believe in the first amendment. Have you ever wondered why it's the FIRST amendment, think about it.
All of you complainers should kiss the feet of a veteran for protecting your right to complain. The Constitution is so much more important than your hurt feelings. Words won't hurt you, censorship will; time to wake up.......

Submitted by Dale Tyler on Fri, 01/29/2021 - 11:29 am

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It is a pity that those thanking the city have not thought about this before posting. Those who are willing to trade liberty for security deserve neither.

In fact, no one has a right "not to be offended" and the Bill of Rights specifically prohibits Government at all levels from preventing speech unless that speech falls into very narrow catagories. The "F***" word cannot not be prohibited by any level of Government.

I don't like offensive words either and know that they say something about the person who utters them. However, I suspect many of those posting support groups that use vulgar speech to make their positions known.

It is a sad day when the Mission Viejo City Council, in violation of their oaths to support and defend the Constitution, would pass this clearly unconstitutional law. Unfortunately, it may cost the taxpayers a lot of legal fees to lose this case.

Submitted by Thom Moore on Fri, 01/29/2021 - 11:50 am

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Read (CA. State) Senate Bill SB 946- SAFE SIDEWALK VENDING ACT, sponsored by Ricardo Lara (D-33rd District) effective beginning January 1, 2019. Take the time to understand what the State of California is requiring in regards to street venders and why the bill was passed.
Similar to many bills passed by the State of California that prevail upon counties and cities in the Sate to enforce regulations, SB 946 allows cities to enforce more restrictive measures. The City of Mission Viejo was aware of the flexibilities in SB 946 when the political stands first appeared in September.
Unfortunately for some reason our City Council chose to do nothing about the pop-up vendors, either Trump or later Biden in spite of the obvious tension it presented from the outset to the residents of Mission Viejo.
Along these same lines I would encourage residents of Mission Viejo read and understand COUNCIL POLICY 0600-06, eff. date: 10-12-16, rev. 3-22-16, rev. 1-28-20, Placement of Temporary Signs in the Public Right-of-Way at Arterial Intersections for 30 Days Prior to the Distribution of the Ballots for any Governmental Agency Election.
It seems to me that either one of these vendors, Trump, Biden or ? are political campaigns and should meet the requirements of COUNCIL POLICY 0600-06 in terms of exposure and location.

Submitted by Debbie S. on Fri, 01/29/2021 - 1:46 pm

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Was wondering when the ADA compliancy would be addressed by these vendors? They should have been fined a LONG time ago.... not to mention the complete disregard for public property and human decency

Submitted by Ben K on Fri, 01/29/2021 - 3:52 pm

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Sad notion, for us all...Seems there is a concern for the obvious undesirable vulgarity that may offend...; however, the outrage (about 80%+ of the responders here) also appears to use that element as a cloak for the larger issue of a controversial national election. The sad sense that there is such a lopsided confidence in expression here, also infers that there is significant concern for many to speak out safely on their own. There has been apparent physical violence and assault believed directed at these words...in Mission Viejo...2021, over this. As some have noted above, that kind of sense is the most frightening and unacceptable status right now. Disorder begets disorder, and when a country as great as ours does not pay legitimate attention to this (and even courts do not act), the disorder continues down, sadly....One does not have to read a "1984", but only look to the even more contemporary breakup of Yugoslavia and the unimaginable neighbor on neighbor incidents that ensued. Sad for us, and our fine city. It's beyond words.

Submitted by Jbell on Fri, 01/29/2021 - 7:25 pm

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Glad they are being regulated, but can’t they just be removed completely?? They make our streets look like a trashy swap meet! We pay too much to live here, to have to be subjected to that element. If these vendors were selling merchandise that promoted a positive—or even neutral message, that would be different. However the fact is, what they are selling, whether profane or not, promotes hate, ethic and gender supremacy and ultimately community division. Not to mention what it does to our home values! A potential home buy who see this step away from a prospective home, is most certainly going to be turned off by it! It’s time that Mission Viejo takes out the trash and cleans up our streets!!

Submitted by Stephen K Bauman on Sat, 01/30/2021 - 9:25 am

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To quote 'Chicken Little' "the sky is falling, the sky is falling". I will embrace and defend our Constitution over censorship, political correctness and petty hurt feelings any day.

Submitted by Deborah on Sat, 01/30/2021 - 5:07 pm

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Thank you, City of Mission Viejo. To those complaining about censorship, this is not the issue. The signs are not a personal statement of views by an individual. They are merchandise for sale. As such, they are subject to laws and statutes governing commerce, not personal speech. It’s the same reason a store can’t sell racy magazines at a child’s eye level.

I do wonder how the city is suddenly allowing street vendors on sidewalks and corners and how the city might respond to a flea market vendor setting up shop selling hats or shirts or souvenirs. What are the parameters?

Submitted by g on Sun, 01/31/2021 - 12:14 pm

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I used the Trump vendors, and loved them. If you wanted President Job Killer you could in RSM. I am a proud Trump supporter but now am waiting for the thought police to come for me. G

Submitted by Ray on Sun, 01/31/2021 - 2:04 pm

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The public display of the word f**k on a T-shirt or whatever, is a First Amendment protected activity. If you find that the United States Constitution offends your sensibilities then you are free to move to another country with appropriately repressive authority, congruent to your sanctimonious morality.

Submitted by Stephen K Bauman on Mon, 02/01/2021 - 1:08 pm

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Thank you to the people on this issue who can get by all the PC, cancel culture, etc. and actually see the bigger picture here. I had a hat made that says "DEFEND THE CONSTITUTION" in large white letters that I wear everywhere. From the what appears to be an almost total lack of knowledge and understanding of our rights under the Constitution from the people on this blog I'm sure that this sentiment probably offends the majority of you. It gets back to my first post where I asked how many of these complainers have actually done anything for the country that grants them the privilege to complain. You may be offended by a single word but as I said in a previous post, as a veteran who took the oath to protect and defend the Constitution I'm offended by you people and your apparent cavalier attitude towards the Constitution and instead embrace your offended feelings and probably embrace the everyone's a winner mentality.

Submitted by carol on Sun, 02/07/2021 - 9:14 pm

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I thought we were going to be able to get rid of the vendors selling Trump merchandize. When will that actually happen? So instead of ____ they covered up the _ and left ___, come on that's ridiculous, most kids can still figure that out, they didn't remove the flag they just covered up the _ and I also think it teaches disrepctfulness. Biden is our President now, show some respect.

Submitted by MV Resident on Fri, 02/19/2021 - 10:05 pm

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I have some stuff I’d like to sell on the sidewalks of our city too. Can anyone just sell stuff now on our sidewalks? Since when does our city sidewalks look like a swap meet? There’s still more work to be done on this issue. Please address this as a city further. Thank you

Submitted by Elaine M Cali on Mon, 01/24/2022 - 11:02 am

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Thank you City Council for having the intelligence and courage to stand up for what is right! Foul language signage has no place on public property. I know this type of a "political" vendor is also a problem in Laguna Hills, but somehow they feel powerless to address it. Thank you for making Mission Viejo an example of the rule of the law as well as the spirit of the law and making us proud of your actions.

Submitted by Patricia Krantz on Sat, 01/13/2024 - 10:00 pm

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1/13/2024

There was a fresh fruit vendor on the public walkway on Alicia today in front of Target near the freeway . There is a LA Fitness on the opposite side. This vendor frequently has his fruit cart there on weekends and holidays.

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