As used in this chapter, the following terms and phrases shall
have the meaning ascribed to them in this part, unless the context
in which they are used clearly requires otherwise. If a term or phrase
is not defined in this part, or elsewhere in this Code, the most common
dictionary definition is presumed to be correct.
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter, or any
successor chapter.
"Curb face"
means the vertical or sloping surface on the roadway side
of the curb.
"Emergency vehicle access"
means the roadway path or other surface that provides police
or fire safety vehicular access from the dispatched point of origin
to a facility, building, parcel, park or portion thereof. Emergency
vehicle access includes, but is not limited to, fire lanes, public
and private streets, parking lot lanes, access roadways, and walkways.
"Hearing officer"
means an impartial individual designated by the Community Development Director, or designee, to determine appeals pursuant to and in accordance with Section
5.50.070.
"Marijuana"
means the substances defined in Section
9.72.020 of this Code, or any successor section.
"Merchandise"
means any item(s) that can be sold and immediately obtained
from a sidewalk vendor which is not considered food. Items for rent
shall not be considered merchandise.
"Park"
means any area dedicated or established as a public park.
"Pathway"
means a paved path or walkway 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.
"Pocket park"
means any park located in urban or commercial areas surrounded
by commercial buildings or houses on small lots with few places for
people to gather, relax, or enjoy the outdoors that is smaller than
or equal to 35,000 square feet.
"Public property"
means all property owned or controlled by the City, including,
but not limited to, alleys, parks, pathways, streets, parking lots,
sidewalks, and walking trails.
"Residential"
means any area zoned exclusively as residential in Title
16 of this Code, including, without limitation, RS, HC, RR, H, RM,
HDR, and AV zoning districts and specific plan areas.
"Sidewalk"
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, markings or other delineation for pedestrian
travel.
"Sidewalk vending receptacle"
means a pushcart, stand, display, wagon, showcase, rack,
or non-motorized conveyance used for sidewalk vending activities.
"Sidewalk vending receptacle" shall not include pedal driven carts.
"Sidewalk vendor" or "vendor"
means a person(s) who sells food or merchandise from a sidewalk
vending receptacle or from one's person, upon a public sidewalk or
pathway.
"Special event"
means any temporary permitted event approved by the City,
including, but not limited to, noncommercial solicitation permits
for charitable, political, and religious solicitation.
"Street"
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
"Swap meet"
means a location operated in accordance with Article 6 (commencing
with Section 21660) of Chapter 9 of Division 8 of the Business and
Professions Code, and any regulations adopted pursuant to that chapter,
or any successor chapter.
(19-04)
All sidewalk vendors are subject to 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 requirements provided in this section. Sidewalk vendors shall
not set up, maintain, or permit the use of any additional table, crate,
carton, rack, or any other device to increase the selling or display
capacity of their stand where such terms have not been described by
their application.
B. The
sidewalk vendor permit shall always be displayed conspicuously on
the sidewalk vending receptacle or the sidewalk vendor's person. If
multiple sidewalk vendors are staffing a sidewalk vendor receptacle
or working as roaming sidewalk vendors, each person shall wear their
permit on their person in a conspicuous manner.
C. Sidewalk
vendors shall not leave their sidewalk vending receptacle unattended
to solicit business for their sidewalk vending activities. Sidewalk
vending receptacles shall not be stored on public property and shall
be removed when not in active use by a vendor.
D. All
sidewalk vendors shall allow a City police officer, firefighter, or
Community Improvement Coordinator, 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.
E. Sidewalk
vending receptacles shall not exceed a total height of three feet,
a total width of three feet, and a total length of three feet.
F. No sidewalk
vending receptacle shall be motorized or pedal-driven.
G. 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.
H. 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 considered
when assessing the total size limit of a sidewalk vending receptacle.
Sidewalk vendors serving food that are not considered shelf stable
(e.g., commercially bagged potato chips, commercially bagged candy)
shall have access to hot and cold water on their vending receptacles.
Sidewalk vendors shall not leave any location without first picking
up, removing, and disposing of all trash or refuse from their operation.
I. Sidewalk
vendors shall maintain a minimum four-foot clear accessible path free
from obstructions, including sidewalk vending receptacles and customer
queuing area.
J. Sidewalk
vendors shall comply with the following noise standards:
1. It is unlawful for any sidewalk vendor to shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound-amplifying system while vending where such sound exceeds the City's noise standards as set forth Chapter
16.154.
2. No
sidewalk vendor shall operate or permit the operation of any sound
amplification system to advertise, to draw attention to the presence
of the sidewalk vendor or to communicate commercial information to
the general public, except to request emergency assistance or warn
of a hazardous situation.
K. Sidewalk
vendors shall not approach persons to sell food or merchandise and
shall not interfere in any way with anyone engaged in an activity
to sell food or merchandise.
L. Sidewalk
vendors shall not vend to or otherwise conduct transactions with persons
in moving vehicles or vehicles illegally parked or stopped.
M. Sidewalk
vendors shall immediately clean up any food, grease or other fluid
or item related to sidewalk vending activities that falls on public
property.
(19-04)