Avenal Municipal Code Title 9 Of Crimes Against the Person Involving Sexual Assault, and Crimes Against

Public Decency and Good Morals. B. The City Manager, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect public health, safety, and welfare and to implement the intent and purpose of this chapter. C. All permits issued under this chapter shall expire 12 months from the date of issuance. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Ordinance. Only one sidewalk vendor permit may be issued to any single person, company, or entity, and the permit shall specify whether the permit is for roaming sidewalk vending or stationary sidewalk vending. No person, company, or entity shall conduct both roaming and stationary sidewalk vending under a permit. D. The City Manager shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least 30 calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.

Each application for a sidewalk vendor permit and each application for an annual renewal of a sidewalk vendor permit shall be accompanied by a non-refundable applicable fee, or non- refundable application renewal fee, as applicable, each in an amount established by resolution of the City Council.

City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 231 2024

A. All persons engaging in sidewalk vending activities within the City of Avenal shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:

1. The sidewalk vendor permit issued by the City shall be displayed conspicuously at all times on the sidewalk vending receptacle or the vendor’s person.
2. If applicable, a permit issued by the County of Kings shall be displayed conspicuously at all times on the sidewalk vending receptacle or the vendor’s person.
3. Sidewalk vendors must operate in compliance with all applicable federal, State, County, and local laws.
4. Sidewalk vendors shall not store or leave their sidewalk vending receptacle unattended on public property for any reason, including, but not limited, to the purpose of soliciting business.
5. The sidewalk vending receptacle shall not be chained, fastened, tethered, or otherwise attached to any pole, sign, tree, or other objects in the public right-of-way.
6. Sidewalk vending activities are prohibited between the hours of 10:00 p.m. and 7:00 a.m. daily.
7. The sidewalk vending receptacle shall not be located on any public property when the receptacle is not being actively utilized for sidewalk vending activities.
8. Sidewalk vendors shall allow a law enforcement officer, firefighter, life safety services officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities at any time during the operation of such activities to inspect the sidewalk vending receptacle for compliance with the requirements of this chapter, the sidewalk vending permit, and to ensure the safe operation thereof.
9. If a sidewalk vending receptacle requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending receptacle shall be within five feet thereof when conducting sidewalk vending activities.
10. Sidewalk vendors shall ensure that all customer queuing, waiting areas, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property and otherwise comply at all times with the location-related restrictions set forth in this Ordinance relative to sidewalk vending activities.
11. Sidewalk vendors shall comply with the noise standards provided in the Avenal Municipal Code and shall not utilize any amplifying or sound-generating equipment or devices in connection with sidewalk vendor activities, with the exception of one bell with a maximum diameter of two inches.
12. Sidewalk vendors shall maintain a trash container in or on the sidewalk vending receptacle and immediately clean up any food, waste, grease, or other fluid or item related to sidewalk vending activities from public property. The trash receptacle must be large enough to accommodate customer trash without utilizing existing trash receptacles located on any

City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 232 2024 block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on public property. 13. Sidewalk vendors shall not discharge or allow to discharge any fluids, liquids, grease, or hazardous materials on private or public property. 14. Sidewalk vendors shall ensure that, at all times, a 10-foot area immediately surrounding the sidewalk vending receptacle is free and clear from trash, litter, and debris at all times. 15. Sidewalk vendors shall, at all times, maintain a minimum four-foot-wide area over and across any pathway, sidewalk, or public property that is free from and clear from all obstructions associated with sidewalk vendor activities, including, but not limited to, sidewalk vending receptacle and customer queuing areas. Notwithstanding the specifics of this subsection, the area to be kept free and clear shall be at least as large as necessary to comply with the Americans with Disabilities Act. B. All sidewalk vending receptacles utilized for sidewalk vending activities shall, in addition to any conditions imposed as a condition of permit issuance, comply with the following conditions:

1. Except as may otherwise be approved in a sidewalk vending permit, sidewalk vending receptacles and any attachments thereto, including, but not limited to food, merchandise, or signage, shall not exceed a total height of four feet, a total width of four feet, and a total length of four feet. In approving sidewalk vending receptacles of greater size, the City Manager shall evaluate such requests by balancing: (a) the sidewalk vendor’s reasonable need for a larger sidewalk vending receptacle given the nature of the sidewalk vending activities to be operated, the merchandise or food to be sold, and the location where the sidewalk vending activities are proposed to be operated, against; (b) the risk to the public health, welfare, and safety created by the larger sidewalk vending receptacle.
2. All signage and advertising related in any way to the sidewalk vendor shall comply with the terms and conditions of the permit and shall be attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person.
3. Sidewalk vendors shall not utilize any electrical, flashing, wind-powered, or animated signs.
4. Sidewalk vending receptacles shall not touch, lean against, or be affixed at any time to any other building or structure, including, but not limited to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, news racks, trashcans, trees, or traffic barriers. C. No person engaging in sidewalk vending activities shall engage in any of the following:
5. Renting of merchandise to customers.
6. Displaying of merchandise or food that is not available for immediate sale.
7. Selling of alcohol, cannabis, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine or cannabis, or any other business or occupation that is not permitted or is prohibited by the Avenal Municipal Code.
8. Using an electrical outlet or power source that is owned by the City or another person other than the sidewalk vendor.

City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 233 2024 5. Utilizing a portable generator in connection with sidewalk vending activities. 6. Conducting sidewalk vending activities under shaded structures, awnings, gazebos, and bandshells in parks, except as authorized by an agreement with the City. 7. Continuing to offer food or merchandise for sale to any person who has been offered food or merchandise by the sidewalk vendor and has declined the offer, or following or otherwise harassing any such person, or otherwise making any statements, gesture, or other communication that would be perceived as threatening by a reasonable person. 8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale. 9. Blocking or impeding the free flow of any pedestrian or vehicle traversing public property.

A. Violators of this Ordinance shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative citations and revocation structure:

1. Except as otherwise provided in this Ordinance, any violation of this Ordinance shall be subject to administrative fines in the following amounts: a. An administrative fine not exceeding $100 for a first violation. b. An administrative fine not exceeding $200 for a second violation within one year of the first violation. c. An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
2. If any person violates any portion of this Ordinance and cannot present proof of a valid permit, the sidewalk vendor shall be assessed administrative fines in the following amounts: a. An administrative fine not exceeding $250 for a first violation. b. An administrative fine not exceeding $500 for a second violation within one year of the first violation. c. An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
3. Upon proof of a valid permit issued by the City, the administrative fines set forth in subsection B shall be reduced to the administrative fines set forth in subsection A. B. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed. C. Notwithstanding the foregoing, the City Manager, or City Council on appeal, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of this subsection.

City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 234 2024

A. Permits issued under the provisions of this chapter may be revoked by the City Council after a noticed hearing for any of the following causes:

1. Fraud, misrepresentation, or false statement contained in the application for a permit.
2. Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
3. Upon a sidewalk vendor being issued a fourth or subsequent citation for violations of this Ordinance within one calendar year of the first violation. B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the last known address of the licensee, at least five days prior to the date set for hearing.

City of Avenal Municipal Code Title 9 – Zoning Ordinance Zoning Ordinance 235 2024