(a)
Purpose. The purpose of this Article is to promote consistency in the application of this Sidewalk Vendor Program in conformance with state law.
(b)
Findings. The City Council hereby finds as follows:
(1)
Public sidewalks and other pedestrian paths (collectively "public rights-of-way") are intended for pedestrian travel; and
(2)
Federal and state laws require that cities meet certain accessibility standards for disabled persons traveling on public rights-of-way; and
(4)
Sidewalk vendors take up space on public rights-of-way and attract customers so as to create additional obstacles for pedestrians to avoid while traveling on public rights-of-way; and
(5)
Sidewalk vendors and their customers may generate trash, noise and other impacts to public rights-of-way and abutting properties; and
(6)
Certain public rights-of-way are located next to venues where thousands of people assemble for events, creating significant demand for limited sidewalk space on event days, including, but not limited to, sidewalks located next to red curbs for emergency vehicles, pedestrians entering and exiting buildings, and motor vehicles dropping off and picking up passengers; and
(8)
Certain public rights-of-way are located in public parks and exclusively zoned residential areas which are not considered commercial areas and require additional restrictions on sidewalk vendors; and
(9)
It is necessary for the City Council to adopt a well-regulated Sidewalk Vendor Program to balance the competing uses of public rights-of-way in order to protect the health, safety and welfare of the general public; and
(10)
Nothing in this Sidewalk Vendor Program shall be construed to prohibit the prosecution of sidewalk vendors who fail to comply with other provisions of law not preempted by Government Code Sections 51036—51039, including, but not limited to, trespassing, failing to pay taxes, selling counterfeit merchandise, selling food in violation of the Health and Safety Code, and operating from a sidewalk located within five hundred feet of a freeway ramp in violation of the Vehicle Code.
(Ord. 23-17 9-12-23)