The following requirements apply to both stationary and roaming sidewalk vendors:
(A) Sidewalk vending is prohibited within 1,000 feet from any special event that is operating pursuant to a permit issued by the City of Tulare. This prohibition shall only be in effect during the duration of the special event permit and does not apply to sidewalk vendors that are selling food or merchandise with the permission of the special event applicant and are specified as part of the special event permit. The special event applicant must provide the city with the locations of the stationary sidewalk vendors and the routes of roaming sidewalk vendors that will be permitted by the special event applicant prior to the issuance of a special event permit. Roaming sidewalk vendors during special events must carry a copy of the permission from the special event applicant with them at all times during the special event.
(B) Sidewalk vending is prohibited within 1,000 feet from the exterior boundary of any property used or occupied by any high school, middle school, or elementary school for the period of one hour before the school is in session, while the school is in session, and one hour after the school day ends. This provision does not apply if the vendor is present at the invitation of the school.
(C) Sidewalk vending on trails or parkways that are operated by the City of Tulare for pedestrian/bicycle usage is prohibited in order to ensure the public's use and enjoyment of the natural resources and recreational opportunities provided by these trails. In addition, prohibiting sidewalk vending on these trails would ensure that the health, safety, and welfare of the general public using the trails is not compromised due to obstruction and interference of sidewalk vendors with walking, jogging, and cycling activities on these active use trails.
(D) Recognizing that many nonprofit recreational leagues operate concession stands as primary fundraising for such leagues, which provide recreational opportunities to the public, sidewalk vendors, roaming or stationary, are prohibited within 1,000 feet of any events put on by nonprofit recreational leagues that are operating concession stands as fundraising sources.
(E) Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet of unobstructed sidewalk for pedestrian traffic and must also meet all other requirements for pedestrian travel that are required pursuant to the Americans with Disabilities Act or other access standards for persons with disabilities. In places where the sidewalk is less than five feet wide, sidewalk vending stands shall be not less than four consecutive feet of sidewalk width to every point from said stationary vendor stand which is clear and unimpeded for pedestrian traffic. Sidewalk vendors may not be located within five feet of any pedestrian ramps, driveways, and trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, or other right-of-way element that requires pedestrian access. If lines of customers block or interfere with any pedestrian ramps, driveways, trash cans within the public right-of-way, drinking fountains, push buttons for traffic signals, bus stops, or other right-of-way element that requires pedestrian access, then the sidewalk vendor must relocate to another sidewalk location to avoid such interference. This rule is to provide adequate space for disability access within the public right-of-way. This rule shall not apply to roaming sidewalk vendors making a sale to a bona fide purchaser during the allotted time period, although the vendor shall make all reasonable efforts to comply with requests from pedestrians to move out of the way as soon as possible and not obstruct the sidewalk. Failure by a sidewalk vendor to move or cease business when they are not providing the minimum width of unobstructed sidewalk for pedestrian traffic shall be deemed a violation of this chapter. In areas where the street contains striped diagonal or vertical parking stalls (not including spaces that are parallel with a sidewalk), sidewalk vendors must maintain a minimum width of five feet of unobstructed sidewalk from the curb to allow for persons or passengers exiting or entering the vehicles parked in such stalls sufficient space for directly accessing the sidewalk from the vehicle and not be required to travel in the street to reach the sidewalk.
(F) Sidewalk vending is prohibited within ten feet from entrances of businesses and bus stops to prevent obstructing access and to allow pedestrians adequate space in the public right-of-way to reach destinations.
(G) The City Council may, by resolution adopted during a public meeting, prohibit sidewalk vending in specific areas within the city limits upon a finding that sidewalk vending should be prohibited in such area due to health, safety, or welfare concerns. Such findings may include, but are not limited to, situations involving areas with both substantial vehicle traffic and substantial pedestrian traffic in locations presenting risks of pedestrians improperly crossing streets or entering the street when sidewalks are blocked. If any such resolutions are adopted, then the locations of prohibited vending shall be indicated and provided to sidewalk vendor permit applicants.
(H) Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers.
(I) Hours of sidewalk vending shall be the same as other businesses that are operating in the vending area. For sidewalk vendors operating in a park, then the hours shall be the same hours of operation as the park.
(J) Sidewalk vendors are prohibited from operating within streets, medians, crosswalks (although roaming vendors may cross in such areas as other pedestrians) or other areas that are marked closed to pedestrian traffic.
(K) If any type of food or beverage is displayed and/or sold from a stationary vendor stand, the vendor shall have and prominently display any and all valid permits required by the Tulare County Health Department. The revision or expiration of any such required County Health Department permit, or the failure to obtain such a permit within 90 days of the date on which the county commences issuing such permits, shall result in the automatic suspension of the sidewalk vendor permit or use permit issued by the city pursuant to this chapter; in addition, the approved permit must be readily available for inspection by law enforcement or code enforcement officials.
(L) The sidewalk vendor permit issued by the city shall be prominently affixed to the side of the stationary vendor stand which faces inward toward the sidewalk.
(M) No vendor shall use any signs in connection with the sale, display or offering for sale of items, except for those signs which are affixed to or painted on the sides or canopy of the stationary vendor stand and one sandwich sign, located on private property, not exceeding four square feet per sign face.
(N) No vendor shall use any noise making device in connection with the sale, display or offering for sale of items.
(O) Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances.
(Ord. 19-07, passed 11-19-2019)