A. Sidewalk vendors are prohibited from operating within a City parking structure or surface lot pursuant to section 8.48.050, without supplemental authorization issued by the administering department of the City. Sidewalk vendors may operate in areas zoned for residential use from 9:00 a.m. to 5:00 p.m. In residential areas, stationary sidewalk vendors are prohibited and roaming sidewalk vendors cannot stay in one location for more than 10 minutes.
B. Sidewalk vendors may operate in any area zoned for any non-residential use between 8:00 a.m. and dusk, except they may operate beyond said limits in areas zoned for commercial use where businesses are open during those hours, provided the sidewalk vendor is located within 200 feet of the open business.
C. Sidewalk vendors shall dispose of all trash into trash receptacles. Used cooking oil, grease, or other cooking fluids must be disposed of in a sink with a grease trap only. Wastewater shall be disposed of legally in a sewer system and not in a storm drain, catch basin or gutter. Sidewalk vendors shall comply with all applicable National Polluant Discharge Elimination System (NPDES) and Health Code requirements.
D. Sidewalk vendors shall not setup or operate in a manner that blocks access by disabled persons. Sidewalk vendors must provide a minimum of 48 inches of access to allow for disabled access and may not set up any closer than 50 feet to a bus stop or bus shelter, marked or unmarked crosswalk, to allow for Americans with Disabilities Act path of access.
E. No sidewalk vendor shall solicit at any dwelling, including but not limited to a house, apartment, business, or condominium without explicit permission of the property owner.
F. No sidewalk vendor shall touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission to do so from such member of the public.
G. No sidewalk vendor shall persistently solicit any member of the public after such member of the public expresses his or her desire not to be solicited.
H. No sidewalk vendor shall intentionally obstruct the free movement of any member of the public on any street, sidewalk or other place open to the public generally.
I. No sidewalk vendor shall solicit from a captive audience. "Captive audience" shall be defined as purposefully stationary persons, such as persons in line or seated in public areas.
J. No sidewalk vendor shall threaten any injury or damage to any member of the public who declines to be solicited.
K. Sidewalk vendors shall be required to obtain a business certificate as required by Title 4, Chapter 4.02 et seq. of the Fullerton Municipal Code.
L. Sidewalk vendors may not operate within 1,000 feet of any certified farmers' market, Special Event, sporting event, or swap meet, without written agreement or permission from the City.
M. Sidewalk vendors may not operate within 500 feet of any K-12 public or private school building or grounds thereof during any day; or within 10-feet of any driveway.
N. During an urgent or emergency public safety event, including, but not limited to, a traffic accident, medical emergencies, gas leaks, natural disasters, fires, the City may temporarily require sidewalk vendors to relocate to another location if doing so is necessary to protect the public's health, safety, or welfare.
O. Sidewalk vendors may not operate within the Fullerton Downtown area during the hours of 7:00 p.m. to 7:00 a.m. or within the Fullerton Transportation Center as defined herein, except as set forth below, provided that such vending conforms to all other requirements of this chapter.
1. The Fullerton Downtown area is the area bordered on the north by Chapman Avenue, on the east by Lemon Street, on the south by Walnut Avenue, and Highland Avenue to the west. Within this area vending is permitted on the sidewalks of both sides of Chapman Avenue, Commonwealth Avenue, Whiting Avenue, Wilshire Avenue and Amerige Avenue.
2. The Fullerton Transportation Center is bordered on the north by Commonwealth Avenue, on the west by Harbor Boulevard, on the south by Walnut Avenue, and Lemon Street to the east. Within this area vending is permitted on the sidewalks of both sides of Commonwealth Avenue, Pomona Avenue and Santa Fe Avenue east of Pomona Avenue.
P. Sidewalk vendors may operate in a public park with a supplemental Parks & Recreation Park Use Permit. The City may not authorize a Park Use Permit that would allow stationary sidewalk vending when the City has a third-party agreement for exclusive concessions inside the park, or that would allow vending during private event(s) where that event is subject to a temporary special event permit. If authorized, sidewalk vendors may only operate during posted park hours. The City may limit the number, location, or concentration of sidewalk vendors in City parks due to health, safety and welfare concerns, when necessary to ensure the public's use and enjoyment of the park or to prevent an undue concentration of commercial activity that unreasonably interferes with the character of the park.
Q. Sidewalk vendors may not utilize sound amplifying equipment or non-amplified musical or noise making devices.
R. Size of vendor cart shall not exceed width, length, or height expectations for the intended purpose of a "push cart' that may impede pedestrian movement, create an unsafe condition, or be visually unsightly for surrounding conditions, based on reasonable expectations of common opinion. Additional equipment such as but not limited to tables, chairs, tents, etc., shall not be permitted.
S. A decal issued by the City, certifying the issuance of Business Registration Certificate for the purpose of sidewalk vending, shall be affixed to and prominently displayed on two sides of any cart used by a vendor; or affixed to and prominently displayed upon any stand, display, showcase, or rack. Decals shall be affixed such that they are easily viewable by the public. Street vendor shall also have a copy of the original City issued certificate in their possession while conducting business. Any permit required from the Health Department shall be affixed in accordance with their requirements.
T. No cart shall be chained or fastened to any pole, sign, tree or other object in the public right-of-way or left unattended.
U. Vending of illegal or counterfeit merchandise is prohibited.
V. Vending of services is prohibited.
W. Food vending equipment utilizing cooking measures with open flames (regardless of fuel source) for food preparation shall comply with all Fire Codes. Any vendor who uses combustible cooking media (e.g. vegetable or animal oils and fats) shall maintain a class K extinguisher on hand.
X. Notwithstanding any specific prohibitions in this subsection, no vendor shall install, use or maintain a cart where placement endangers the safety of persons or property. (Ord. 3288 § 2 (part) 2020)