The purpose and intent of this chapter is to establish a sidewalk
vendor permitting and regulatory program that complies with Senate
Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter
will allow the City to encourage small business activities by removing
total prohibitions on sidewalk vending and related displays while
permitting regulation and enforcement of unpermitted sidewalk vending
activities to protect the public's health, safety and welfare.
(Ord. 2019-1183 § 5)
For purposes of this chapter, the
following definitions shall apply:
"Beach"
means any public or private ocean front.
"Beach access way"
means any sidewalk, stairway, driveway, road or path that
provides access to the "beach."
"Park"
includes, but is not limited to: Dunes Park; Veterans Park
(including the multipurpose turf field); Portwood Pier Plaza; Imperial
Beach Sports Park (including the skateboard park); Tijuana Estuary
Boardwalk; Reama Park; Teeple Park; any municipal park, trail, recreation,
or reserve area that is owned, managed, or controlled by the City
and under the jurisdiction of the City Manager; all dedicated parks
and traffic islands maintained by the City; or any additional park
space or recreation facilities identified on Table P-1 of the City's
General Plan. "Park" does not include recreation facilities or tot
lots owned and maintained by private associations.
"Pathway"
means any paved or unpaved path or walkway owned by the City
or other public entity that is specifically designed for pedestrian
travel, other than a sidewalk.
"Person"
means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of
every kind, clubs, business or common law trusts, societies, and individuals
transacting and carrying on any business in the City.
"Residential"
means any area zoned exclusively as residential in Title
19 of the Imperial Beach Municipal Code.
"Sidewalk"
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, marking or other delineation specifically
designed for pedestrian travel and that is owned by the City or other
public entity.
"Sidewalk vendor"
means a person who sells food or merchandise from a pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
non-motorized conveyance, or from one's person, upon a public sidewalk
or other pedestrian path.
(Ord. 2019-1183 § 5; Ord. 2022-1214 § 5; Ord. 2024-1245, 5/15/2024)
All sidewalk vendors are subject to all of the following operating
conditions when conducting sidewalk vending activities:
A. All
food and merchandise shall be stored either inside or affixed to the
sidewalk vendor receptacle or carried by the sidewalk vendor. Food
and merchandise shall not be stored, placed, or kept on any public
property. If affixed to the sidewalk vendor receptacle, the overall
space taken up by the sidewalk vendor receptacle shall not exceed
the size requirement provided in this section.
B. Sidewalk
vending receptacles and any attachments thereto shall not exceed a
total height of four feet, a total width of four feet, and a total
length of four feet.
C. To maintain
accessibility standards for the City's disabled residents, every sidewalk
vendor operating on any sidewalk or public right-of-way must ensure
that no obstruction is placed in the sidewalk or public right-of-way
that would reduce the width of the sidewalk to less than 48 inches,
exclusive of the top of the curb. No obstruction shall be located
in a sidewalk or public right-of-way less than six feet in width when
the sidewalk is adjacent to the curb.
D. To prevent
foodborne illness and protect the health and safety of the City's
residents, every sidewalk vendor selling any food or beverage is required
to wear a hairnet and food service gloves.
E. To prevent dangerous distractions and promote the general welfare of the City's residents, sidewalk vendors emitting any loud, unnecessary and unusual noises must comply with Chapter
9.32 of this code.
F. A sidewalk
vending permit does not provide an exclusive right to operate within
any specific portion of the public right-of-way.
G. No equipment
or objects used for sidewalk vending purposes may be left or maintained
in public spaces or in any portion of the public right-of-way from
10:00 p.m. to 7:00 a.m. Any equipment or objects left overnight in
public spaces or in any portion of the public right-of-way will be
considered discarded and may be seized or disposed of by the City.
H. To facilitate
the enforcement of this chapter, every sidewalk vendor must display
their City-issued sidewalk vending permit on the street side portion
of their pushcart, stand, display, pedal-driven cart, wagon, showcase,
rack, or other non-motorized conveyance when operating in the public
right-of-way.
I. To prevent
unintended rolling or slipping, a sidewalk vendor is prohibited from
operating a pushcart, pedal-driven cart, wagon, or other non-motorized
conveyance on a public right-of-way with a slope greater than five
percent.
J. Sidewalk
vendors shall not leave their sidewalk vending receptacle unattended
to solicit business for their sidewalk vending activities.
K. Sidewalk
vending receptacles shall not be stored on public property and shall
be removed when not in active use by a sidewalk vendor.
L. All
signage and advertising related in any way to the sidewalk vendor
shall be attached to the sidewalk vending receptacle, if any, or the
sidewalk vendor's person.
M. Sidewalk
vendors shall not use any electrical, flashing, wind powered, or animated
sign.
N. No sidewalk
vending receptacle shall contain or use propane, natural gas, batteries,
or other explosive or hazardous materials.
O. If a
sidewalk vending receptacle requires more than one person to conduct
the sidewalk vending activity, all sidewalk vendors associated with
the sidewalk vending receptacle shall be within five feet of the sidewalk
vending receptacle when conducting sidewalk vending activities.
P. Sidewalk
vendors that sell food shall have in their possession at all times
they are conducting sidewalk vending activities, a health permit.
Q. Sidewalk
vendors that sell food shall maintain a trash container in or on their
sidewalk vending receptacle and shall not empty their trash into public
trashcans. The size of the vendor's trash container shall be taken
into account when assessing the total size limit of a sidewalk vending
receptacle. Sidewalk vendors shall not leave any location without
first picking up, removing, and disposing of all trash or refuse from
their operation.
R. Sidewalk
vendors shall immediately clean up any food, grease, or other fluid
or item related to sidewalk vending activities that falls on public
property.
S. Sidewalk
vendors shall maintain a minimum four foot clear accessible path free
from obstruction, including sidewalk vending receptacles and customer
queuing area.
T. Sidewalk
vendors shall not interfere in any way with anyone engaged in a sporting
activity and shall not approach spectators who are watching a sporting
activity to sell food or merchandise.
U. All
sidewalk vendors shall allow a law enforcement officer, firefighter,
life safety services officer, code enforcement officer, health inspector,
or other government official charged with enforcing laws related to
the street vendor's activities, at any time, to inspect their sidewalk
vending receptacle for compliance with the size requirements of this
chapter and to ensure the safe operation of any heating elements used
to prepare food.
(Ord. 2019-1183 § 5)
Violations of this chapter shall not be prosecuted as infractions
or misdemeanors and shall only be punished by the following administrative
citation and revocation structure:
A. Except
as otherwise provided in this chapter, any violation of this chapter
shall be assessed administrative fines in the following amounts:
1. An
administrative fine not exceeding $100.00 for a first violation;
2. An
administrative fine not exceeding $200.00 for a second violation within
one year of the first violation; and
3. An
administrative fine not exceeding $500.00 for each additional violation
within one year of the first violation.
B. If a
sidewalk vendor violates any portion of this chapter and cannot present
the citing officer with a proof of a valid permit, the sidewalk vendor
shall be assessed administrative fines in the following amounts:
1. An
administrative fine not exceeding $250.00 for a first violation;
2. An
administrative fine not exceeding $500.00 for a second violation within
one year of the first violation; and
3. An
administrative fine not exceeding $1,000.00 for each additional violation
within one year of the first violation.
C. Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection
B of this section shall be reduced to the administrative fines set forth in subsection
A of this section, or any successor sections.
D. The
Administrative Services Director, or the Administrative Services Director's
designee, may revoke a permit issued to a sidewalk vendor for the
term of that permit upon the fourth violation or subsequent violations
within one year of the first violation.
(Ord. 2019-1183 § 5)