(A) Purpose. The purpose of this chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Chapter 6.3 (commencing with § 51036) of Part 1 of Division 1 of the Government Code. The provisions of this chapter allow the city to establish permitting regulation and enforcement of unpermitted sidewalk vendor activities to protect the public health, safety and welfare.
(B) Findings. The City Council hereby finds that to promote the public health, safety and welfare, restrictions on sidewalk vending are necessary to:
(1) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic, including access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows, which is necessary to guard the health and safety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the city's public safety personnel to observe activities within building.
(2) Allow for the safe and effective performance of code compliance, police, firefighter and emergency medical personnel services in the public right-of-way.
(3) Ensure that sidewalk vendor activities occur only in locations where such activities would not restrict the use and enjoyment of sidewalks and pathways by any persons including persons with disabilities.
(4) Ensure compliance with the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(5) Provide reasonable access to the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.
(6) Maintain sanitary conditions of items offered to public, especially food items.
(7) Reduce exposure to the city for personal injury or property damage claims and litigation that may be caused in whole or in part by sidewalk vendor activities in the public right-of-way.
(8) Provide for the installation, repair, maintenance and removal of encroachments in the public right-of-way in order to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community.
(9) Prevent infringement on the use and enjoyment of parks and an undue concentration of commercial activity that interferes with the scenic and natural character of the park.
(Ord. 3399 § 4, 2024; Ord. 3398 § 5, 2024)