Chapter 17.65 — SIDEWALK VENDING

The city of Waterford declares that it is the policy and intent of the city and this chapter to declare a statement of policy to regulate sidewalk vendors within or adjacent to the city of Waterford to preserve and enhance the business community of Waterford and promote public health and safety in a manner consistent with goals, policies and standards of the Waterford general plan. (Ord. 2019-07 §5)

The purpose of this chapter is to establish a sidewalk vendor permitting and regulator program that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this chapter bring the city into compliance with Senate Bill 946 by removing total prohibitions on sidewalk vending activities while still permitting regulation and enforcement of such activities. Sections 53036-53039 of the California Government Code confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare by ensuring that vendors on public property provide safe and sanitary conditions for customers and the general public, are adequately insured, are properly licensed with other agencies, and that the total number

of allowed vending permits in the commercial districts is limited. This chapter is adopted pursuant to the city's police powers for the purpose of regulating vending on public property. (Ord. 2019-07 §5)

The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning.

"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.

"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation specifically.

"Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. (Ord. 2019-07 §5)

Only sidewalk vendors with a valid permit issued by the finance department pursuant to Chapter 5.06 of this code may vend upon the city's public right-of-way. The following persons, entities or activities are exempt from the permit requirement of this chapter:

• A. Any vendor or person engaged solely in artistic performances, free speech and/or petitioning activities.

• B. Nonprofit education institutions, fraternal and service clubs, bona fide religious organizations and agencies of any federal, state or local governments.

• C. Nonprofit private clubs where a basic membership fee covers the cost of the use of the facilities.

• D. Community organizations/events not otherwise regulated by the Waterford Municipal Code, upon approval of the city manger or designee.

• E. Business and trades that are exempt from licensing and tax regulations under federal and state statutes.

• F. Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise to persons other than members of such organizations upon the streets, in office or business buildings, by house-to-house canvass or in public places for charitable, religious, patriotic or philanthropic purpose exclusively.

• (Ord. 2019-07 §5)

General regulations shall include the following:

• A. 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 fortyeight 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.

• B. 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.

• C. To prevent dangerous distractions and promote the general welfare of the city's residents, sidewalk vendors shall not emit any loud, unnecessary and unusual noises beyond that of a typical use in the surrounding area.

• D. A vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

• E. 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 ten p.m. to eight 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.

• F. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued 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 rightof-way.

• G. Sidewalk vending hours limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours.

• H. Roaming sidewalk vendors are limited to the hours of nine a.m. through five p.m. for areas that are zoned exclusively residential. Stationary sidewalk vendors are strictly prohibited in areas zoned exclusively residential.

• I. A sidewalk vendor is prohibited from operating within three hundred feet of a permitted certified farmers' market, a permitted swap meet, or any area subject to a temporary use permit for the duration of the permit.

• J. Vending within three hundred feet of any public school is prohibited from seven a.m. through four p.m. on the days the public school is in session.

• (Ord. 2019-07 §5)

• A. A violation of this chapter by a sidewalk vendor who has a valid vendor permit from the city is punishable only by an administrative citation pursuant to Chapter 1.17 in amounts not to exceed the following:

  1. One hundred dollars for the first violation.

  2. Two hundred dollars for the second violation within one year of the first violation.

  3. Five hundred dollars for each additional violation within one year of the first violation.

  4. The valid vendor permit shall be revoked by the city upon the fourth violation.

• B. A person engaged in sidewalk vending without a valid city vendor permit is punishable by an administrative citation pursuant to Chapter 1.17 in amounts not to exceed the following, in lieu of the amounts set forth in subsection A :

  1. Two hundred fifty dollars for a first violation.

  2. Five hundred dollars for a second violation within one year of the first violation.

  3. One thousand dollars for each violation within one year of the first violation.

  4. Upon proof of valid vendor permit issued by the city, the administrative citations set forth in this subsection shall be reduced to amounts set forth in this subsection A .

• C. A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

• D. Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

• E. Any fine issued under this chapter will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.

• F. If the requestor is receiving public benefits under Government Code Section 68632 , subdivision (a), or has a monthly income which is one hundred twenty-five percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the city will limit the total amount of the requestor's administrative fine to twenty percent of the total.

• (Ord. 2019-07 §5)