Article II — Regulation of Sidewalk Vendors Operating in City Parks

The term "city parks" means parks that are open to the public for purposes of recreation that are operated by the city of Brawley. At the time that the ordinance from which this section is derived is to be adopted, the city parks are as follows:

intersection of D Street and North 2 nd Street in the city of Brawley;

the intersection of Magnolia and North Eastern in the city of Brawley;

Ronald Street and David Street in the city of Brawley;

Sec.

19A.7.1.6. Guadalupe Park, which consists of approximately three and fifty-nine hundredths acres, is located at the intersection of Malan Street and South 11 th Street;

intersection of H Street and S. Cesar Chavez Street in the city of Brawley;

st and Main Street in the city of Brawley;

Legion Road and Richard Street in the city of Brawley;

intersection of J Street and North 2 nd Street in the city of Brawley;

North Plaza Street and Main Street and South Plaza Street in the city of Brawley; and

st Street and River Drive in the city of Brawley.

(Ord. No. 2021-04, § 3, 3-2-2021)

The term "sidewalk vendor" means a person who is not a cattle call vendor, (defined in section 16.86.1.2 and does not operate from a "regularly established place of business," (as that term is defined in section 16.86.1.4), who sells food or merchandise at retail from a pushcart, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non- motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, parking lot, or other open space within the city of Brawley, whether public or private.

The term "sidewalk vendor" shall include sidewalk vendors who move from place to place and stop only to complete a transaction, and sidewalk vendors who operate from a fixed location, (other than a "fixed place of business" as that term is defined below).

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, at any cattle call event.

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person upon a public sidewalk, pedestrian path, parking lot, or other open space, whether public or private, during the month of November of any year who has not already been licensed and operating as a sidewalk vendor in the city of Brawley for one quarter immediately prior to the month of November of the year in question.

The term "sidewalk vendor" shall not include a person who desires to operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding cattle call events), or art walk, conducted within the city of Brawley, on city of Brawley property and properly permitted by the city of Brawley that offers for sale food, beverages, produce, crafts, art, goods, or services.

(Ord. No. 2021-04, § 3, 3-2-2021)

Vending by sidewalk vendors is prohibited at all times in the following city parks:

arrangement with the Brawley Cattle Call Committee. Vending in Cattle Call Park is only permitted by cattle call vendors operating with the express permission of the Brawley Cattle Call Committee.

to South 1 st Street, is too small and the traffic on South 1 st Street is too congested for sidewalk vendors to operate safely in Jeff Kissee Park.

with various organizations that use Volunteer Park's facilities for organized baseball and softball activities. The organizations that have arrangements with the city of Brawley to use city parks operate snack bars in conjunction with their organized baseball and softball activities. Therefore, vending in Volunteer Park is not permitted without the express permission of the organizations that carry on organized baseball and softball activities at Volunteer Park.

Captain Scott Pace Park are such that allowing sidewalk vendors to operate in Captain Scott Pace Park would significantly detract from the recreational opportunities provided by Captain Scott Pace Park.

View Park are such that allowing sidewalk vendors to operate in Citrus View Park would significantly detract from the recreational opportunities provided by Citrus View Park.

Street, is too small and the traffic on Main Street is too congested for sidewalk vendors to operate safely in Kelly Park.

own Guadalupe Park. It would be a violation of the city's agreement with the owner of Guadalupe Park to permit sidewalk vendors to operate in Guadalupe Park.

and north of Main Street. That portion of Plaza Park contains the Veterans' Memorial and allowing sidewalk vendors to operate in that section of Plaza Park would be inconsistent with the purpose of that monument.

(Ord. No. 2021-04, § 3, 3-2-2021)

In all city parks where sidewalk vendors may operate, the following regulations apply:

to any lamp post, mailbox, traffic signal, picnic table, fire hydrant, tree, plant, planter box, art installation, rock formation bench, bus shelter, or trashcan;

Disposal of such items in park trashcans is prohibited;

city park at any one time. Unless otherwise specifically stated in this article sidewalk vendors that wish to operate in a city

park will do so on a first come, first served basis;

issued by the city of Brawley, a proper California Department of Tax and Fee Administration Seller's Permit and any other license or permit required by the county of Imperial or state of California;

operating in a city park. (Amplified music shall mean music that is played at sufficient volume that persons within twenty feet of the source music would have difficulty hearing a person speaking in a normal tone of voice over the music.);

sidewalk vendor's conveyance. No sign may be erected in a city park by means of driving a stake into the ground, affixing the sign to a tree, shrub, park bench, park table or other park fixture;

event, that has been permitted by the city is taking place in that city park, without the express permission of the party that obtained the permit for the farmers' market, art walk, or other special event.

(Ord. No. 2021-04, § 3, 3-2-2021)

With respect to sidewalk vendors that choose to operate in Plaza Park, the following regulations shall apply:

substantial improvements, including, but not limited to: City hall, the city library, the city administration building, the U.S. Post Office, the Kiwanis Kiosk, and the Veterans Memorial. Therefore, there is limited space for sidewalk vendors to operate

in Plaza Park. For that reason, only one sidewalk vendor may operate in the section of Plaza Park north of Main Street at any one time. And only one sidewalk vendor may operate in the section of Plaza Park south of Main Street at any one time;

time, the city manager, or the city manager's designee may impose a rotation schedule for the applicants. The city manager shall attempt to make a rotation schedule that is agreeable to all parties, but recognizing that it might not be possible to satisfy all parties, the city manager's decision with respect to a rotation schedule shall be final;

events held throughout the year. These special events are permitted by the city and are valued traditions within the city of Brawley. Therefore, no sidewalk vendor shall be permitted to operate in Plaza Park during any cattle call event or other special event held in Plaza Park that is specifically permitted by the city of Brawley, without the express permission of the event organizer; and

Sec.

19A.7.5.4. As stated in section 19A.7.6.8, sidewalk vendors may not operate in that portion of Plaza Park that is west of the city administration building and north of Main Street. That portion of Plaza Park contains the Veterans' Memorial and allowing sidewalk vendors to operate in that section of Plaza Park would be inconsistent with the purpose of that monument.

(Ord. No. 2021-04, § 3, 3-2-2021)

All sidewalk vendors that desire to sell food at any city park shall comply with the following:

comply with all regulations imposed by the Imperial County Department of Health;

have arranged for restrooms for themselves and employees within the distance required by the Imperial County Department of Health as a condition of obtaining a park use permit. Portable restrooms shall not be sufficient to comply with this requirement; and

eight persons per table for patron seating.

(Ord. No. 2021-04, § 3, 3-2-2021)

The city manager in consultation with the city parks department and city finance department shall recommend a fee schedule for park use permits to be issued to sidewalk vendors who desire to operate in city parks. The city council shall consider the recommendation re the cost of said parks use permit and shall adopt the fee by resolution. The city manager may recommend changing the cost of a parks use permit from time to time as the city manager deems necessary. The city council may change the cost of a parks use permit as necessary by resolution.

(Ord. No. 2021-04, § 3, 3-2-2021)

maximum period of suspension for the first violation shall be ninety days.

violation of this article may result in the permanent revocation of the sidewalk vendor's park use permit.

an infraction. In that event, the general penalty shall apply.

(Ord. No. 2021-04, § 3, 3-2-2021)