A. Sidewalk vendors shall comply with all federal, state and local laws and regulations.
B. Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans or traffic barriers.
C. Sidewalk vendors shall not engage in any of the following activities:
1. Conducting sidewalk vending activity on unpaved portions of property;
2. Conducting sidewalk vending activity on privately-owned property without the written authorization of the property owner or lawful lessee/tenant and all activity must be conducted entirely on paved portions of the premises;
3. Renting merchandise to customers;
4. Displaying merchandise or food that is not available for immediate sale;
5. Selling of live animals, alcohol, marijuana, adult oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana;
6. Selling food or merchandise to any person fifteen (15) years of age or younger without one or both of their parents or legal guardians present;
7. Using an open flame on or within any cart;
8. Using an electrical outlet or power source that is owned by the city or another person other than the sidewalk vendor;
9. Providing or selling any service to any person;
10. Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has declined the offer to purchase food or merchandise;
11. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;
12. Blocking or impeding the path of person(s) being offered food or merchandise to purchase;
13. Making any statement, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out;
14. Touching the person(s) being offered food or merchandise without that person(s) consent;
15. Advertising any product or service that is not related to the food or merchandise being offered for immediate sale;
16. Using any horns, music, lights, visual media, or sound amplifying device unless expressly approved in the permit;
17. Placing a cart outside of any pathway or sidewalk when engaging in sidewalk vending activities;
18. Physically altering or otherwise damaging the sidewalk;
19. Fastening or affixing any item, including but not limited to, tape, strap, chain, tie, band, or rope, to any public property, with the exception of tape used for social distance markers;
20. Providing or selling any service to any person; or
21. Placing of any type of fencing or other divider around the vending area.
D. All sidewalk vendor activities shall comply with the Americans with Disabilities Act, as the same may be amended from time to time, as well as with the proposed accessibility guidelines for pedestrian facilities in the public right-of-way.
E. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. Any residential zone in the city:
a. Stationary sidewalk vendors shall not operate on sidewalks or pathways directly adjacent to or within residential areas or in any park for which the city has entered an exclusive concessionaire agreement.
2. Upon or within any roadway, median strip, or in areas that separate opposing lanes of traffic on divided roadways.
3. Yucaipa city hall which requires unimpeded pedestrian ingress and egress to ensure public safety.
4. Vending in parks:
a. Sidewalk vendors are prohibited from vending in a park owned or operated by the city where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. Such restriction, if imposed, shall be set forth as a condition of approval of the itinerant vendor permit and identify the restricted park(s).
b. Sidewalk vendors are prohibited from vending in a park owned or operated by the city in a manner that impedes the public's use and enjoyment of natural resources and recreational opportunities, or that causes an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. Such restriction, if imposed, shall be set forth as a condition of approval of the itinerant vendor permit and identify the restricted park(s).
c. Sidewalk vendors shall not vend in the following locations within a park:
i. Within fifty (50) feet of any field or court that is primarily designed for use in a sporting activity (including, but not limited to, baseball field, softball field, basketball court, tennis court, soccer field, volleyball court, and handball court), while said area is in use; and
ii. Within fifty (50) feet of any playground, pool, or exercise area while said area is in use.
5. Within immediate vicinity of:
a. A certified farmers' market or certified swap meet during the hours of its operation; or
b. An area designated for a special event permit for the limited duration of the permitted event.
6. Within one (1) block of:
a. Public or private school, a place of worship, or a child day-care facility between 8:00 a.m. to 5:00 p.m. on days in which school is open.
7. Within two-hundred (200) feet of:
a. A police station, fire station, or hospital.
8. Within one-hundred (100) feet of:
a. Any police officer, firefighter, lifeguard or emergency medical personnel who are actively performing their duties or providing services to the public;
b. Another sidewalk vendor;
c. The intersection of a cross-walk and a sidewalk;
d. Any public picnic area, playground area or playground equipment; or
e. Any public community center, athletic field, softball/baseball diamond, basketball court, handball court, pickleball court, tennis court, soccer field, or volleyball court.
9. Within twenty-five (25) feet of:
a. A fire hydrant;
b. A curb which has been designated as a white, yellow, blue, or red zone, or a bus zone;
c. An automated teller machine;
d. A transit shelter;
e. A bus stop; or
f. A restroom or similar public use item.
10. Within fifteen (15) feet of:
a. Any street corner or marked pedestrian crosswalk;
b. The outer edge of any entrance to any business, including, but not limited to, doors, display windows, vestibules, and driveways during the hours that any business on the premises is open to the public or to persons having or conducting lawful business within those premises;
c. The outer edge of any area permitted for sidewalk or outdoor dining including, but not limited to, sidewalk or outdoor dining entries and exits during the hours the business is open to the public; or
d. Any driveway or alley approach.
11. Within five (5) feet of:
a. Any area improved with lawn, flowers, shrubs or trees; or
b. Any traffic signal controller, traffic signal pole, power pole, street light pole, general utility pole, above ground cabinet, general utility facility, manhole, parking meter, regulatory and directional signs, street furniture, or street art sculptures.
The city manager or the city manager's designee may adopt administrative regulations imposing additional requirements consistent with this chapter and all other applicable laws in order to regulate the time, place, and manner of vending. (Ord. 444 § 1, 2024)