Fowler Municipal Code Ch. 5-26 Sidewalk Vending

The City finds the vending of prepared or pre-packaged foods, goods, and/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, visitors, and especially persons with disabilities. The purpose of this chapter 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 State law to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

(Ord. No. 2025-06, § 3, 10-21-2025)

A. Sidewalk vendors, as defined by this chapter, operating wholly or within a portion of the public right-of-way shall be subject to the requirements of this chapter.

B. Sidewalk vendors are also regulated by all other applicable local, County, State, and federal regulations, including the California Streets and Highways Code and the California Vehicle Code.

(Ord. No. 2025-06, § 3, 10-21-2025)

No sidewalk vendor shall operate in any portion of the City without first obtaining a business license, subject to the provisions of Chapter 1 of Title 3 of this Municipal Code.

(Ord. No. 2025-06, § 3, 10-21-2025)

A. General Standards. All sidewalk vendors shall comply with the following requirements:

1. The sidewalk vendor is required to possess a current City business license, all applicable Fresno County Department of Public Health Permits, and any other required permits or approvals issued by the City or other regulatory agencies having jurisdiction.

2. All required licenses, permits, and approvals shall be prominently displayed.

3. The sidewalk vendor must provide a minimum of thirty-six (36) inches of accessible path of travel, without obstruction from the sidewalk vending operation, including any equipment used by the operation, and the customer queue, along the location where the sidewalk vending operation is located.

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

5. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending operation or vehicle.

6. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris generated by the vending activities.

7. There shall be no disposal of cooking material or waste, including, but not limited to, used oil, into the City's trash receptacles, storm drains, plant material. or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls into the public right-of-way.

8. The sidewalk vendor location shall not block entrances to private or public buildings, private or public driveways, parking spaces or building windows.

9. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway.

10. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities, except that the vendor may use a shade structure for their own use, not for use by any customer.

11. The sidewalk vendor shall not attach to or use any water lines, electrical lines, or gas lines during vending operations.

12. The sidewalk vendor shall not store, place, or keep any food or merchandise on in the public right-of-way.

13. The sidewalk vendor shall not display any signage in the public right-of-way.

14. No signage or advertising related to the sidewalk vendor and/or the vending operations shall be electrical, flashing, wind powered, or animated.

15. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies.

16. No vending shall occur within 500 feet of a certified farmers' market, a swap meet, or an event held pursuant to a temporary use permit issued in accordance with Fowler Municipal Code Section 9.100.010, et. seq. This requirement shall not apply to sidewalk vendors operating as a vendor at City-held or sponsored events.

17. The sidewalk vendor shall not leave their sidewalk vending operation unattended to solicit business for the vending operation.

18. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City.

19. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana.

20. No vending shall occur within a clear sight triangle, as defined in Fowler Municipal Code Section 9.150.070.

21. No vending shall occur within 500 feet of a private or public school.

22. No vending shall occur at bus stop locations, red curbs, or at locations where there are existing above-ground amenities such as street furniture, including, but not limited to, benches and bike racks.

B. Stationary Sidewalk Vending Standards.

1. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone district of the City.

2. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed use zones.

3. Stationary sidewalk vending shall only be conducted between the hours of 7:00 a.m. and 10:00 p.m.

C. Roaming Sidewalk Vending.

1. Roaming sidewalk vending shall only be conducted between the hours of 8:00 a.m. and 5:00 p.m.

D. Sidewalk Vending in Parks.

1. Any sidewalk vendor operating within a City Park must first obtain written permission from the Community and Economic Development Director in accordance with Fowler Municipal Code Section 10-1.05, subdivision (n).

2. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City.

3. Sidewalk vendors operating in parks shall only conduct operations between 7:00 a.m. and 10:00 p.m. at the park at which they are operating.

(Ord. No. 2025-06, § 3, 10-21-2025)

For purposes of this chapter, the following definitions apply:

A. "Certified farmers' 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.

B. "City" means the City of Fowler.

C. "Park" means a public park owned or operated by the City.

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

E. "Sidewalk" means a portion of a street between the curbline and the adjacent property line, or an easement or right-of-way held by the City across the front of private property, and intended for the use of pedestrians.

F. For purposes of this chapter, "sidewalk" shall also include a paved path or walkway owned by the City that is specifically designed for pedestrian travel.

G. "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 not regulated by the California Department of Motor Vehicles, or from one's person, upon a public sidewalk or other pedestrian path.

H. "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.

(Ord. No. 2025-06, § 3, 10-21-2025)