Agoura Hills Municipal Code Ch. 7 Sidewalk Vendor Regulations

The following words and phrases, whenever used in this chapter, shall mean as follows:

Certified farmers' market means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

Director means the director of community development of the City of Agoura Hills.

Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

Sidewalk vendor means a person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

Vend or vending means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.

Vending cart means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code.

(Ord. No. 22-464, § 4, 10-12-2022)

No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a business license pursuant to chapter 8 of this article VI.

(Ord. No. 22-464, § 4, 10-12-2022)

Sidewalk vendors shall comply with the following:

(a) No sidewalk vendor shall vend in the following locations:

(1) Within thirty (30) feet of any street intersection or traffic signal pole or stop sign. When there is no curb, vending is not permitted within forty (40) feet of the edge of the pavement of the cross roadway;

(2) Within ten (10) feet of any fire hydrant, fire call box, or other emergency facility;

(3) Within ten (10) feet of any driveway or driveway apron, or Americans with Disabilities Act (ADA) ramp;

(4) On any roadway, adjacent shoulder, or sidewalk within five hundred (500) feet of any freeway on-ramp or off-ramp per California Vehicle Code §22520.5;

(5) Within five hundred (500) feet of a city-permitted special event;

(6) Within five hundred (500) feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary use permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary use permit;

(7) Within five hundred (500) feet of the property line of any public or private elementary or secondary school between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday;

(8) Within any park where the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire, unless the vendor is a roaming sidewalk vendor; and

(9) Upon or within any roadway, median strip, or dividing section.

(b) Neither the sidewalk vendor nor any structures or equipment used in connection with their sidewalk vending activities shall obstruct pedestrian or vehicular traffic.

(c) Sidewalk vendors must provide a clear path of travel pursuant to ADA standards not less than forty-eight (48) inches on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices.

(d) Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for sidewalk vending activities on a public sidewalk or other pedestrian path shall not exceed a total width of four (4) feet, a total length of four (4) feet, and a total height of four (4) feet, not including any umbrella.

(e) No vendor shall erect, place, or maintain any tent, canopy or other temporary shelter (excluding umbrellas) in the public right-of-way. A sidewalk vendor may have one (1) umbrella. The use of an umbrella shall not exceed ten (10) feet in height as measured from ground level to its highest point. The umbrella cannot be attached or anchored to any public or private sidewalk, bench, fence or tree.

(f) All structures shall be safely secured to the ground to eliminate potential bodily injuries to the public and shall be removed at the end of day when the sidewalk vendor has concluded their daily business activities.

(g) No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

(h) Sidewalk vendors are permitted in nonresidential zones during the hours of operation of other businesses or uses on the same street.

(i) Roaming sidewalk vendors are permitted between the hours of 8:00 a.m. and 6:00 p.m. in areas that are zoned exclusively residential areas.

(j) Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

(k) Sidewalk vendors shall provide a trash receptacle and a recycling receptacle for customers and ensure proper disposal of customer trash and recyclables. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash and recyclables generated by the vending operations or the vendor's customers within a twenty-five-foot radius of the vending location.

(l) Sidewalk vendors shall possess at all times while vending a valid business license issued pursuant to chapter 8 of this article VI, as well as any other permit or license required by the city and any other appropriate governmental agency including, but not limited to, the Los Angeles County Department of Public Health.

(m) Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

(n) The name of the owner of the sidewalk vending business and contact information shall be kept on site at all times.

(o) Sidewalk vendors shall relocate if construction improvements are approved in the area that affect the sidewalk vendor's location directly or due to safety of the construction operation. Sidewalk vendors will be given one (1) week's notice prior to the necessary vacation of the location to the greatest extent practicable. Should emergency work be necessary, notice may be immediate. Any and all materials associated with the vending operation will be removed from the site and vending will not recommence until such time that the construction and any cleanup operations have been completed.

(Ord. No. 22-464, § 4, 10-12-2022)

(a) A violation of this chapter by a sidewalk vendor is punishable only by an administrative citation pursuant to article I, chapter 5 (administrative citations) of this Code, in amounts not to exceed the following:

(1) One hundred dollars ($100.00) for a first violation.

(2) Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation.

(3) Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation.

(b) A violation of this chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law.

(c) Failure to pay an administrative citation issued pursuant to this section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.

(d) Any person to whom an administrative citation is issued may appeal the citation no later than twenty (20) days from the date of the service of the administrative citation pursuant to article I, chapter 5 (administrative citations) of this Code.

(e) If the person is a recipient of certain means-tested government benefits, or his or her income is one hundred twenty-five (125) percent or less of the current federal poverty guidelines, the City shall accept, in full satisfaction, twenty (20) percent of the total administrative fine imposed. The hearing officer may allow any person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition.

(f) The city may rescind a business license issued to a sidewalk vendor for the term of that business license upon the fourth violation or subsequent violations.

(Ord. No. 22-464, § 4, 10-12-2022)