Azusa Municipal Code Art. XXIII Sidewalk Vending

The city finds that the vending of prepared or pre-packaged foods, goods, or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this article is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. 2018-05, § 4, 12-17-18)

For purposes of this article, the following definitions apply:

Certified famers' 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.

City means the City of Azusa.

Fire station means any facility where fire engines and other fire equipment of the city's fire services are located.

Park means a public park owned by the city.

Pedestrian path or pathway means a paved path owned by the city and held open for pedestrian travel that provides public access between two points and contains a minimum of 14 feet of width that is other than a sidewalk.

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

Sidewalk means that portion of a highway, or other roadway, set apart by curbs, barriers, markings or other delineation specifically designed for pedestrian travel that is owned by the city.

Sidewalk vendor or vending means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path.

Stationary sidewalk vendor or vending means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a fixed location on a public sidewalk or other public pedestrian path.

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.

Temporary use permit means short-term activities identified by this section that may not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature.

(Ord. No. 2018-05, § 4, 12-17-18)

A. Stationary sidewalk vendors are prohibited from operating or establishing in any residential zone of the City, including, but not limited to, the following neighborhood classification zones and subzones:

Neighborhood classifications:

NG1—Neighborhood General 1

NG2—Neighborhood General 2

NG3—Neighborhood General 3

Subzones:

Low—Low Density Residential

Med—Medium Density Residential

Mod—Moderate Density Residential

B. In addition, the city council finds that there are unique geographic and historical characteristics of the city that prevent stationary sidewalk vendors from operating in certain sidewalks and pedestrian pathways without detrimentally affecting the public health, safety and welfare. Among these are sidewalks and pathways located in certain older portions of the city where the nature of the underlying use as a high pedestrian traffic area and/or access to designated historical buildings and/or structures are incapable of supporting both pedestrian traffic and stationary sidewalk vendors. As a result, stationary sidewalk vending shall be prohibited in the following areas:

1. Civic district. The civic district includes the Historic Azusa Auditorium and the adjacent grounds. The Azusa Auditorium was placed on the National Register of the National Historic Landmark Program in 2002. Continuous stationary sidewalk vending will hinder the historic views and access to the Azusa Auditorium and adjacent grounds.

2. Azusa Inter-modal Transit Center. The Azusa Inter-modal Transit Center is a high pedestrian and vehicle traffic area with various modes of vehicular and pedestrian traffic in use, including light rail, buses, cars, skateboards, bicycles and scooters. Stationary sidewalk vending would create obstacles to pedestrian access to the light rail platforms and obstruct various lines of sight that would be detrimental to existing vehicular traffic and pedestrian activities in this area.

3. Santa Fe Depot. The Santa Fe Depot is a historic property. Stationary vending would hinder historic views of the building and be contrary to the public welfare.

4. Promenade Plaza. The Promenade Plaza is located at the foothills of the San Gabriel National Monument. Stationary vending would hinder the views of the San Gabriel National Monument and be contrary to the public welfare.

C. Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed-use zones, if they satisfy each of the following requirements:

1. The sidewalk vendor is duly licensed and meets all requirements of this article; and

2. The sidewalk vendor's vending operation leaves a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

3. Sidewalk vending hours are only conducted between the hours of 7:00 a.m. and 9:00 p.m.; and

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces, or building windows; and

6. No vending occurs within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

7. No vending shall occur within 100 feet of the entrance to a school; and

8. No table, chair, fence, freestanding shade structure, other site furniture, or any freestanding sign is permitted in conjunction with the vendor's vending activities; and

9. The vendor shall not attach or use any external water line, electrical line, or gas line during vending operations, except as built into and part of the vending cart; and

10. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor that is not offered for sale is prohibited; and

11. No vending shall occur within 300 feet of a city-sponsored event, certified farmers' market, a swap meet, or an event for which a temporary use permit has been issued; and

12. The vendor shall prominently display a copy of the city vending permit issued to them and, for vending requiring a county health department permit, a copy of the county health department permit.

(Ord. No. 2018-05, § 4, 12-17-18)

A. Sidewalk vending of food or merchandise by roaming or stationary vendors is prohibited in both of the following:

1. Any city park that has a concession stand operated by a vendor under exclusive contract with the city to sell food or merchandise that is similar to or that competes with that of the sidewalk vendor.

2. Any area that is occupied by a certified farmer's market.

B. Subject to subsection A of this section, a sidewalk vendor may operate in a city park if the vendor satisfies each of the following requirements:

1. The sidewalk vendor is duly licensed and meets all the requirements of section 18-2306; and

2. For stationary sidewalk vending, the sidewalk vendor's vending operation leaves a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

3. The sidewalk vendor ceases operations one hour prior to the close of the park; and

4. The sidewalk vendor obtains an encroachment permit for stationary sidewalk vending operation prior to operating; and

5. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

6. The sidewalk vendor location does not block entrances to any building, driveway, parking space, or building window; and

7. No vending occurs within 300 feet of an event for which a temporary use permit has been issued.

8. In a city park that is located within a residential zone, where stationary sidewalk vending is prohibited as set forth in section 18-2305, only roaming sidewalk vendors shall be allowed in the park.

(Ord. No. 2018-05, § 4, 12-17-18)

Roaming sidewalk vendors shall satisfy each of the following requirements:

A. The sidewalk vendor is duly licensed and meets all requirements of this chapter; and

B. Sidewalk vending hours in residential zones is only conducted between the hours of 11:00 a.m. and 8:00 p.m.; and

C. Sidewalk vending hours in non-residential zones (including mix-use zones) is only conducted between the hours of 7:00 a.m. and 9:00 p.m.; and

D. The sidewalk vendor maintains the temporary vending area in a clean, orderly, and sanitary condition; and

E. The sidewalk vendor does not block the entrances to any buildings or any driveway, parking space, or building window; and

F. Sidewalk vendors do not stop in any location for the purpose of making sales for more than 15 minutes; and

G. The sidewalk vendor does not conduct sales from a public street unless there is no sidewalk; and

H. No vending shall occur within 100 feet of the entrance to a school; and

I. The vendor shall prominently display a copy of the city vending permit issued to them and, for vending requiring a county health department permit, a copy of the county health department permit.

J. No vending occurs within 300 feet of a certified farmers' market, a swap meet, or an event for which a temporary use permit has been issued.

K. No sound amplification equipment, music or live entertainment may be used in conjunction with any vendor sales in residential areas, including bells, whistles or horns.

(Ord. No. 2018-05, § 4, 12-17-18)

A. It is unlawful for any person to violate any provision or fail to comply with any requirement of this chapter. A violation of this chapter is punishable by:

1. An administrative fine not exceeding $100.00 for a first violation.

2. An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.

B. Notwithstanding subsection (A) of this subsection, at the city officer's discretion, vending without a sidewalk vending permit may be punished by:

1. An administrative fine not exceeding $250.00 for a first violation.

2. An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.

3. An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.

C. If an individual is subject to subsection (B) of this section, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this chapter shall be reduced to the administrative fines set forth in subsection (A) of this section.

D. The proceeds of any administrative fines assessed under this chapter shall be deposited in the treasury of the city as general funds.

E. Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.

F. Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.

G. When imposing an administrative fine under this chapter, the city officer who imposes the fine shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the fine remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed under this chapter.

2. The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who has completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

I. Nothing contained herein shall be construed to impede the city's or county's ability to enforce county health department codes and regulations.

(Ord. No. 2018-05, § 4, 12-17-18)