Vendors, solicitors and temporary merchants are subject to the following restrictions:
A. Locations: No vendor, solicitor or temporary merchant shall have any exclusive right to any location in a public street or sidewalk, nor shall they be permitted to operate in any congested area where his operations might impede or inconvenience the public. This license does not preclude the issuance of a special events permit or other permits by the City Parks and Recreation Department in public parks, or the granting of permission to sell or operate on private property by its owners.
B. Hours Of Operation: Vendors, solicitors and temporary merchants shall be allowed to engage in their licensed business only between nine o'clock (9:00) A.M. and one hour after sunset, unless located in a commercially zoned area. In commercially zoned areas, vendors, solicitors and temporary merchants shall be allowed to engage in their licensed business between the hours of six o'clock (6:00) A.M. on Sunday, Monday, Tuesday, Wednesday and Thursday until three o'clock (3:00) A.M. on the following day. Vendors, solicitors and temporary merchants shall be allowed to engage in their licensed business between the hours of six o'clock (6:00) A.M. on Friday and Saturday until five o'clock (5:00) A.M. the following day in commercially zoned areas. All mobile vending carts, trailers or vehicles must be removed from public property during nonvending hours. If a special event permit is sought, the City may make an exception to the usual hours of operation.
C. Enforcement Authority: Any law enforcement officer or City Licensing Officer shall be authorized to enforce this chapter.
D. Prohibited Locations: Unless positioned on a designated identified vending location, as defined in section 3-2-15 of this chapter, a mobile vending cart, trailer or vehicle shall not be located:
1. Where clear pedestrian passage on the public sidewalk is less than five feet (5') wide;
2. Within a midblock crosswalk area;
3. On the portion of a public sidewalk crossed by a public or private driveway or within ten feet (10') of either side of the driveway;
4. Within any street corner area;
5. Within five feet (5') from a perpendicular line drawn to the curb from either side of a doorway;
6. In a manner in which the movement or visibility of vehicles using the street or other public right-of-way is obstructed.
E. Distance: Unless otherwise provided, mobile vending carts, trailers or vehicles shall not be placed within fifty feet (50') of another mobile vending cart, trailer, vehicle or identified vending location.
F. Attachment Prohibited: Mobile vending carts, trailers or vehicles shall not be locked or chained to a parking meter, tree, streetlight or street furniture.
G. Unattendance: Mobile vending carts, trailers and vehicles shall not be left unattended on City streets or sidewalks for more than fifteen (15) consecutive minutes.
H. Utility Service Prohibited: Utility service connections are not permitted. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. City streetlight facilities shall not be used in any way to supply electrical service to a vendor site.
I. Garbage And Refuse: Vendors, solicitors and temporary merchants shall keep the area of operation free of debris. Vendors selling food or beverages must provide trash receptacles and waste removal adjacent to or as a part of their operations. All spilled food, beverages, grease or other trash or debris accumulating within twenty feet (20') of any mobile vending cart, trailer or vehicle shall be cleaned and collected by the vendor and deposited in the vendor's trash receptacle. The vendor is prohibited from depositing waste, ice and any gray or wastewater into sidewalk waste receptacles, privately owned dumpsters, City planters, gutters or the street drainage system.
J. Maintenance Of Mobile Vending Operations: Mobile vending carts, trailers or vehicles shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food or trash on any public right-of-way where the cart, trailer or vehicle is located. The cart, trailer or vehicle owner shall be responsible for the cleaning and repair of any public right-of-way soiled, stained or damaged by the placement and operation of their mobile vending operations. (1952 Code § 5-12-10; amd. 2019 Code)