Sound and Fury

COSTA MESA — Adrian Moreno lets customers know he’s coming with a blast from the whistle-like horn on his vending truck.

“It’s short and sweet and does the job,” said Moreno, 35, who sells produce and other food in west-side neighborhoods off Newport Boulevard.

Sure enough, when he arrived Thursday afternoon, residents along Wallace and Hamilton streets came out to buy milk, fruit and candy.

Soon, however, Moreno and his competitors will no longer be allowed to honk, ring bells or play the tunes heard from vending trucks for generations.

The City Council has failed to find the Good Humor in the often noisy pursuit of selling ice cream, produce, tacos, toys and other goods up and down city streets and has outlawed sounds from vending trucks effective next month.

On May 5, Costa Mesa officials adopted an ordinance prohibiting vendors from announcing their presence with or without amplification. The law, which allows horns only for legitimate driving purposes, takes effect next month. After that, look, don’t listen, for the ice cream truck.

“This is going to hurt my business,” Moreno said. “People won’t know I’m here, and I will lose customers. . . . It’s already hard enough to make a living.”

City officials said they want to preserve peace and quiet and keep residential areas from becoming overrun by roving sellers.

“People are entitled to the quiet enjoyment of their homes,” City Councilman Joe Erickson said. “These vehicles and their air horns, music and bells do not contribute to the quality of life in the neighborhood.”

The law also prohibits vendors from selling within 500 feet of schools, playgrounds and parks, within 300 feet of another vending vehicle, within 100 feet of an intersection, and in any areas with speed limits greater than 35 mph. Also, operators may sell only between 9 a.m. and 8 p.m. and for no more than 30 minutes at construction sites and 10 minutes in other areas.

“You’ll have one of these trucks coming through all day long,” said Perry Valantine, the city’s planning manager, adding that trucks often come every 10 minutes or so. “With that kind of frequency, it gets to be a little annoying.”

The council passed the law after residents complained to City Hall. An outright ban on pushcarts was passed last month.

State vehicle codes, however, do not allow outright bans on vending trucks. Anaheim, Santa Ana, Fullerton and San Juan Capistrano also have tried to regulate them with varying success.

Santa Ana’s 1994 ordinance, which included noise provisions but also ordered vendors to carry $1-million insurance policies, was ruled invalid in Superior Court in February, partly because state law already addresses the trucks, said Bob Wheeler, Santa Ana’s assistant city attorney.

Costa Mesa City Atty. Thomas Kathe said his provisions should pass legal challenges because it uses only portions of other cities’ laws that were upheld in court and works with sections of state law that allow municipal regulations to be tacked on.

Several vendors, however, say they are being targeted because they are Latino.

“This is racist,” said Cutberto Lopez, Moreno’s partner. “There are some Caucasian people who yell at us and insult us, using bad words that I’m too embarrassed to repeat. We ignore that because we’re just trying to make an honest living.

“Now, they’re trying to make us disappear,” he added. “Why don’t they put this much energy into catching thieves and murderers?”

Erickson called allegations of discrimination a “cheap shot.”

“As far as this being a racial matter, that’s totally and completely false,” Erickson said. “I don’t know what else to tell you, but we want to have a safe, clean, livable community.”

Amin David, chairman of Los Amigos of Orange County, a Latino rights organization, said the new law is “repressive” and was surprised that the city, which has been supportive of Latino issues in the past, approved it.

“It’s stifling a business that is legitimate,” he said, proposing that the city amend its ordinance by setting limits on decibel levels instead of banning all noises.

Although some customers say the trucks provide a needed service while preserving a long-lived tradition, others say they invite accidents.

“When they honk, the kids get excited and run to them,” Rocio Benitez said. “It’s dangerous.”

Vendor Pedro Hierro Leon, who already has stopped using his musical announcement, said he doesn’t understand why the city is making it more difficult for him to do business.

“But I have to follow the law,” he said, sighing. “There’s nothing I can do to fight it. All I’m worried about is earning some money to feed my family and my parents. . . . I don’t want to beg for food stamps and welfare. I just want to make an honest living.”

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Vending: The Rules

Highlights of the new Costa Mesa vendor regulations:

* Display city business license, county health sticker.

* Operator’s permit required.

* Carry trash receptacles and remove trash caused by operating business.

* Hours of operation: 9 a.m. to 8 p.m.

* No sound-making devices such as horns, bells.

* Cannot park within 500 feet of park or playground; 300 feet of another vending vehicle; within 100 feet of intersection or alley; or on street posted 35 mph or more.

* No restocking or utility hookups allowed on street.

* Cannot remain in same spot for more than 10 minutes without customers.

* May sell on private property only with property owner’s permission; may not stay for more than 30 minutes.

Source: City of Costa Mesa; Researched by JOHN CANALIS / For The Times