Barajas

Does the Vehicle Code preempt an ordinance enacted by a charter city to ban vending from vehicles parked on public streets in residential areas? Yes.

I

Per the allegations of the complaint, plaintiffs are street vendors licensed by the City of Anaheim. All have sold produce from vehicles on streets in residential areas for at least seven years, some many years longer.

In the summer of 1992, the Anaheim City Council approved Ordinance No. 5330, which substantially amended title 14, chapter 14.32, section 14.32.310 of the Anaheim Municipal Code. At issue is the addition of subsection .015 to section 14.32.310. It reads, “It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle which is either (i) parked, stopped, or standing upon any public street, alley, parkway, sidewalk, or other public property, within any residential zone of the City of Anaheim, or (ii) located upon any public street at any location where either side of the portion of such public street upon which such vehicle is located abuts upon or is contiguous to…