The purpose of this Chapter is to establish a Sidewalk Vendor Permitting and Regulatory Program. The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on Sidewalk Vending and providing regulation and enforcement of unpermitted Sidewalk Vending Activities to protect the public's health, safety and welfare.
A.
The City Council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary in part to:
1.
Ensure no interference with the performance of public safety officers including, police, firefighter, lifeguard, security and emergency medical personnel services.
2.
Ensure no interference with 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.
3.
Ensure no interference with barriers (bollards, vehicles, cement or water) designed to stop vehicles and prevent injury to people.
4.
Provide reasonable access for Sidewalk Vending Activities in portions of the City while preserving the use and maintenance of sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation services.
5.
Reduce exposure to the City for personal injury or property damage claims and litigation.
6.
Ensure the safe sale of Food and Merchandise in the public right-of-way, by providing the public a simple way to ensure Sidewalk Vendors prepare Food safely and according to Orange County Department of Public Health requirements.
7.
Prevent unsanitary conditions and ensure trash and debris in the areas vending is taking place are removed by Sidewalk Vendors.
8.
Ensure that visibility, sight lines, and accessibility for vehicular and pedestrian traffic on sidewalks and other rights of way are protected while accommodating Sidewalk Vendor equipment.
9.
Protect 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.
10.
Ensure reasonable access for the use and maintenance of sidewalks, Pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, public benches and/or planters, as well as access to locations used for public transportation services.
11.
Mitigate the impacts of Sidewalk Vending Activity and protect the unique characteristics of the City including to maximize public access to and along the coast.
12.
Prevent people from "camping," thus creating unsanitary conditions.
B.
The City Council hereby finds that the unique characteristics of the City require certain restrictions on Sidewalk Vending Activities as follows:
1.
The City Council finds that the existence in the City of Sidewalk Vendors seek and do draw patrons to their Food and Merchandise. This can create serious safety problems by impacting the ability of pedestrians to move safely on sidewalks and through cross walks and impeding the response time of safety personnel, particularly in Downtown Huntington Beach, at the Beach, at City Parks and in residential areas. Sidewalk Vendors can also impact access to and egress from businesses. This Chapter imposes reasonable time, place, and manner restrictions on Sidewalk Vendors to the extent necessary to ensure the safety of Sidewalk Vendors, their patrons, the general public and to prevent unreasonable interference with residents' enjoyment of peace and quiet in the City.
2.
The Civic Center contains the City's emergency operation center, the headquarters for the Fire Department, and other critical infrastructure. Restrictions on Sidewalk Vending Activity are necessary to ensure that fire equipment is easily accessible and critical infrastructure is maintained and accessible at all times.
3.
City parks provide passive and active recreational opportunities, and restrictions on Sidewalk Vending Activity are necessary to protect the natural resources, recreational and sport opportunities, as well as scenic and natural character of these parks.
4.
The City seeks to preserve the peace and quiet of the Residential Zones of the City, by prohibiting commercial activities such as Sidewalk Vendors.
5.
Many of the Sidewalks and Pathways in the City are under eight feet wide or less, and Sidewalk Vending Activity in these areas would unreasonably interfere with the flow of pedestrians and disrupt access for persons with disabilities.
(4179-6/19)


