DISCUSSION
The proposed ordinance updates Chapter 8.48 of the Municipal Code to update the City's regulations of food vending from roaming motor vehicles (e.g. ice cream trucks) and to establish a program to regulate sidewalk vendors in the City to the maxim extent permissible under SB 946. Consistent with the bill, sidewalk vendors would be required to annually obtain a permit from the City prior to selling food or merchandise on the City’s sidewalks. Sidewalk vending without a valid permit would be punishable by administrative fines ranging from $250 to $1,000 as prescribed by statute.
Sidewalk vendors would be required to comply with operational requirements, which are necessary to protect the public health, safety, and welfare, including without limitation:
- Sidewalk vendors can only operate on sidewalks and on no other portion of the public right-of-way (such as medians or any other portions of the streets).
- Sidewalk vendors shall maintain a clean and trash-free 10-foot radius around their vending area.
- No sidewalk vendor shall operate (1) within 5 feet of a marked crosswalk, a fire hydrant or fire call box, or a driveway; (2) within a marked bus zone, or within 40 feet of a sign designating a bus stop; (3) within 18 inches from the edge of the curb; (4) within the immediate vicinity of a certified farmers’ market or a swap meet; or (5) within 500 feet of any area designated for a temporary special permit or their parking areas (e.g., Strawberry Festival).
- Stationary sidewalk vendors (i.e., vendors operating from a fixed location) are prohibited in all residential zones. Roaming sidewalk vendors are permitted in residential zones between the hours of 8:00 a.m. to 6:00 p.m.
- Sidewalk vending is prohibited within 500 feet of a school site between the hours of 7:00 a.m. to 4:00 p.m. when school is in session or during graduation ceremonies.
A violation of the foregoing requirements would be punishable by administrative fines ranging from $100 to $500 as prescribed by statute.
Unregulated sidewalk vending has the potential to create traffic hazards, obstruct sidewalks, generate litter, interfere with use and enjoyment of City parks, produce noise in residential neighborhoods during hours of rest, and impede students’ access and safe routes to school sites.
Adoption of the proposed ordinance will mitigate potential adverse impacts stemming from sidewalk vending and further preserve the public safety, health, and welfare of the community.