Section 5.92.020 Definitions

    For the purposes of this Chapter:

    (A)     Chief of Police - shall mean the Police Chief or his or her designee.
    (B)     Planning & Building Director - shall mean the Director of the Planning & Building Departments or his or her designee.
    (C)     City Attorney - shall mean the City Attorney or his or her designee.
    (D)     Finance Director/Treasurer - shall mean the City Finance Director/Treasurer or his or her designee.
    (E)     Goods or Merchandise - includes items and products of every kind and description, including all foods, produce, and beverage items.
    (F)     Human Powered Device - shall mean any device moved by human power including but not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled container or conveyance.
    (G)     Ice Cream Truck(s) BB shall mean a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks.
    (H)     Mobile Vending Vehicle - shall mean any vehicle, as defined below, which is equipped or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged, or unprepared, unpackaged food of any kind on any public street, alley or highway or private street or alley within the City of Tulare. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a mobile vending vehicle.
    (I)     Mobile Vendor - shall mean any person, as defined in this section, who:
        1. Owns, controls, manages and/or leases a vending vehicle; and/or
        2. Contracts with a person(s) to drive, operate, prepare foods and/or vend from a food-vending vehicle.
    (J)     Operator - as used in this Chapter shall mean any and all person(s) who drive, operate, prepare foods and/or vend from a food-vending vehicle.
    (K)     Permit - shall mean a permit issued by the Police Department, the Fire Department or a tax certificate issued by the Finance department
    (L)     Person - shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
    (M)     Public property - shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Tulare other than a street, alley, parkway or sidewalk.
    (N)     Restocking - shall mean any transfer of goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery.
    (O)     Risk Manager - shall mean the City’s Risk Manager or his or her designee.
    (P)       Vehicle - Pursuant to California Vehicle Code Section 670, vehicle shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
    (Q)     Vend or Vending - as used in this Chapter means soliciting, displaying, or offering produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any kind for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the City of Tulare and includes the movement or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not limited to goods, wares, or merchandise.
    (R)     Vendor - shall mean any person who engages in the act of vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.