[6-4-2019 by Ord. No. 1175-19, effective 7-4-2019]
(a)
Purpose. The City finds that the vending of prepared or prepackaged foods, goods, and/or wares at semipermanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(b)
Findings.
(1)
The City Council hereby finds that limitations on sidewalk vending are necessary to:
a.
Comply with state legislation;
b.
Promote the health, safety, and welfare;
c.
Ensure that the goals and policies of the City's General Plan are upheld;
d.
Ensure that the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles is maintained;
e.
Provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services;
f.
Protect the quality of life of City residents and minimize disruptions to the quiet enjoyment of residential property by restricting noise-making devices associated with sidewalk vending;
g.
Ensure no interference to the performance of police, firefighter, emergency, and other medical personnel services;
h.
Maximize public access in the commercial districts and along the coast; and
i.
Reduce exposure to the City for personal injury or property damage claims and litigation.
(2)
The City Council hereby finds that the following unique characteristics of the City require certain restrictions on sidewalk vending:
a.
Approximately one million visitors travel to the City every year to enjoy the scenic views along Crescent Avenue of the harbor, pier, and beaches.
b.
The vast majority of visitors to the City arrive via cross-channel carriers at the Mole structure. The Mole is under need of immediate repairs and eventual replacement and portions of it are off limits to the public due to hazards created by conditions of the infrastructure. Due to this, the areas that cross-channel carrier passengers must line up to get on the cross-channel carriers are limited, adding to the congestion of this area.
c.
The Green Pleasure Pier is a narrow pier that provides unique views of the harbor, the City, and the mountains surrounding the City. Because of this unique location, the Green Pleasure Pier is already congested. Allowing sidewalk vendors on the Green Pleasure Pier would worsen the congestion and create additional health, safety, and welfare concerns and pose hazards to those on the Green Pleasure Pier.
d.
The City is less than three square miles, with the majority of business or visitors services on or near Crescent Avenue.
e.
The beach and immediately adjacent walkways are very narrow and congested, with visitors often struggling to find space for their towels, chairs, and other equipment. During the summer, many people reserve spaces on the beach by placing their towels and beach equipment on the beach.