The following requirements apply to both stationary and roaming sidewalk vendors:
A. Sidewalk vending is prohibited within one thousand feet (1000') from any permitted certified farmers' market or a permitted swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
B. Sidewalk vending is prohibited within one thousand feet (1000') from any special event that is operating pursuant to a permit issued by the City of Visalia. 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 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 events applicant with them at all times during the special event.
C. Sidewalk vending is prohibited within one thousand feet (1000') from the exterior boundary of any property used or occupied by any high school, junior high 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.
D. Sidewalk vending on trails or parkways that are operated by the City of Visalia 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. Prohibiting sidewalk vending on these trails is intended to prevent an undue concentration of commercial activity in areas designated as recreational open space and not otherwise intended for commercial uses. In addition, sidewalk vending would block the usage of the trail and unreasonably interfere with the scenic and natural character of the trail areas.
E. In recognition 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 one thousand feet (1000') of any events put on by nonprofit recreational leagues that are operating concession stands as fundraising sources.
F. Sidewalk vendors must, at all times during operations on a public sidewalk or pedestrian path, maintain a minimum width of five feet (5') 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. Sidewalk vendors may not be located within five feet (5') of any pedestrian ramp, 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. If any lines of customers block or interfere with any pedestrian ramp, 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 a roaming sidewalk vendor 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 violation of this chapter.
In areas where the street contains striped parking stalls, (for the purposes of this chapter, striped parking stalls refer to individually parked spaces for vehicles that are grouped to maximize available space, not vehicle parking spaces that are parallel with a sidewalk, even when such parallel parking spaces are marked) with sidewalk vendors must maintain a minimum width of five feet (5') 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.
G. Sidewalk vending is prohibited within ten feet (10') 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.
H. 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 areas 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.
I. Sidewalk vendors must maintain sanitary conditions and carry a trash container so customers can deposit waste from sold merchandise or wrappers.
J. 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.
K. 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.
L. Sidewalk vendors are subject to all other applicable rules, regulations, and ordinances.
(Ord. 2019-05 § 3 (part), 2019)