No person licensed as a peddler or street vendor shall demonstrate, sell or offer for sale or barter any goods, wares, merchandise, food, confection or drink upon any highway or sidewalk or any other City owned property within the City except in accordance with all of the following provisions:
(a) No merchandise shall be displayed or sold by a peddler or street vendor in any place within the City except a Street Vending District as defined in Section 745.11
. This section shall not apply to a peddler or street vendor selling prepackaged ice cream, popsicles or frozen desserts of any kind for purposes of retail sale, or offered for retail sale, while operating a motor vehicle within the City.
(b) No merchandise shall be displayed or sold to the occupants of vehicles stopped on roadways or alleys.
(c) Each peddler or street vendor selling from a motor or animal drawn vehicle must comply with all traffic regulations at the location the vehicle is parked or standing.
(d) No merchandise shall be displayed or sold at any sidewalk location where the sidewalk is less than twelve feet (12') in width from the private property line to the curbline.
(e) No merchandise shall be displayed or sold within twenty feet (20') from the point of intersection of the curblines (except alleys), crosswalks or bus stop or stairway leading to or from any overhead walkway.
(f) No merchandise shall be displayed or sold within ten feet (10') of a fire hydrant, standpipe, a sprinkler intake, a doorway or other access point to abutting property, a store window or a sidewalk elevator.
(g) No merchandise shall be displayed or sold at a location which hinders or restricts access to a telephone booth, mailbox, parking meter, fire alarm call box or traffic control box.
(h) No merchandise shall be displayed or sold within forty feet (40') of the location at which another peddler or street vendor is already displaying or selling merchandise. In the case of a dispute between peddlers or street vendors, the peddler or street vendor who arrived first on the day involved shall be deemed to have the privilege of operating at that location on that day. A peddler must continue to be there in person with wares to claim such privilege. Such distance shall be measured from the end of one display stand, table, cart, container or other appurtenance to the beginning of the next.
(i) No merchandise or food shall be displayed or sold at a location within fifty feet (50') of an existing entrance of a business that sells food.
(j) No merchandise shall be displayed or sold in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks or highways or ingress or egress to the abutting property.
(k) All merchandise shall be displayed or sold from portable stands or containers. Each peddler or street vendor shall remove all merchandise, packaging, paper, containers, display stands or tables, or other materials brought to the location at the termination of sales each day. No permanent stands or displays will be permitted.
(l) No peddler's or street vendor's display stand, cart, container or other appurtenances, paraphernalia, merchandise, supplies or signage shall occupy more than thirty six inches (36") of lateral sidewalk width, nor more than seventy two inches (72") of longitudinal sidewalk area.
(m) Each peddler or street vendor during the period of selling shall keep the area within ten feet (10') of the location where the peddler or street vendor sells or displays merchandise free from all litter and debris arising from the operations, including the litter which arises from actions of customers in disposing of wrapping or packaging materials on merchandise sold by the peddler or street vendor.
(n) No peddler's or street vendor's display stand, cart, container, or other appurtenance or paraphernalia shall be set up along street plantings, or street furniture, or on grass, or park areas.
(o) Peddlers or street vendors shall at all times exercise reasonable care that their merchandise, packaging material, display equipment and other paraphernalia shall not create a safety or health hazard to customers or other persons using the public highways or sidewalks.
(p) Category "A" license vendors shall only sell and display what they are selling on the sidewalk side of their cart, vehicle, trailer or wagon.
(q) No food, confection or drink except prepackaged and/or containerized products shall be displayed or sold from any unimproved public property, including unimproved sidewalks or pedestrian walkways.
(r) No street sales shall be conducted and no peddler's or street vendor's display stand, cart, container or other appurtenance or paraphernalia shall be set up on private property, or on the sidewalks adjacent to private property, without prior written consent of such property owner or without the prior written consent of the owners of any property adjoining or abutting such property.
(s) Nothing herein shall be construed to prohibit the distribution of noncommercial handbills, cards, leaflets, other literature of the sale of newspapers and magazines on the sidewalks.
(t) All food sales must be approved by the City of Kent Health Department.
(u) Vendors, peddlers and solicitors shall be responsible for disposing of their self generated trash through their own trash disposal contracts. They shall not use City trash bins.
(Ord. 2011-117. Passed 11-16-11)