Healdsburg Municipal Code Art. II Street Vendors

The purpose of this article is to set forth specific regulations to govern the transient or nonpermanent vending of various goods in the City as defined by HMC § 5.08.110. It is recognized that such transient operations may have negative land use, public safety, and traffic impacts which the City desires to regulate.

(Code 1964 § 11-49; Ord. 924 § 1, 1996)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

"Vending"

means the sale, or offering and exposing for sale, or solicitation of offers to purchase, or causing to be sold for cash or consideration, or soliciting, exposing, or offering for sale for delivery at a later time any property or service by any person from public property within the City at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting the sale of the property, except as provided for in Article I of this chapter. Vending also means the offering of foodstuffs, goods, wares or merchandise for sale or future delivery from a fixed place of business if the place of business is open seasonally or for a period of less than six months. Vendors include "itinerant merchants" and "street merchants."

"Mobile vending vehicles"

shall include, but not be limited to, any motor vehicle, truck, car, trailer, cart, wagon, conveyance, or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed, or pulled by hand, towed by a motor vehicle, wheelchair, motorcycle, bicycle, or other mobile device, or carried upon or in a motor vehicle or trailer.

"Person"

means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization.

(Code 1964 § 11-50; Ord. 924 § 1, 1996)

It shall be unlawful for any person to vend any product or to allow other persons under that person's employ to vend any product, within the corporate limits of the City, without first obtaining a business license from the City as provided by this article.

(Code 1964 § 11-51; Ord. 924 § 1, 1996)

A. No person shall vend in any of the following places within the City:

1. Within 500 feet of the closest point to the property line of a school servicing students 18 years of age or younger;

2. Within 300 feet of the closest point on the property line of a public park or public playground;

3. Within 300 feet of the closest point of the property line of a municipal center;

4. Within 100 feet of any street intersection;

5. At a location where space for pedestrian passage will be reduced to less than six feet;

6. On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, or red zone;

7. Within 15 feet of any crosswalk, fire hydrant, or driveway;

8. Within 100 feet of a like vendor, except where separated by a public street with four or more moving lanes.

B. No person shall vend at any location for more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the vendor has stopped to vend within the previous two hours.

C. Private Property Vending. No vendor shall stop, stand, or park, for the purpose of vending or exhibiting merchandise, at or on any privately owned property without first securing a use permit in accordance with the applicable zoning regulations.

(Code 1964 § 11-52; Ord. 924 § 1, 1996)

The following activities shall be exempt from the provisions of this article:

A. Vending prepared foodstuffs from vehicles or trucks used for catering and located upon private property at the invitation of the property owner, solely for the use of the owner or the owner's tenants or employees; provided, that the vehicle may stop at such site or business for no more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the vehicle stopped to vend within the previous two hours;

B. Vendors on public property which is not owned by the City if permission to vend has been granted in writing by the property owner and a use permit obtained where applicable;

C. Public agencies;

D. Growers or producers of any agriculture commonly sold or offered for sale on the premises where grown or produced;

E. Vending in connection with any special event as permitted by the City of Healdsburg special permit process;

F. Free Speech. This article shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or make a speech, or to distribute religious, patriotic, philanthropic, social service, welfare, benevolent, educational, civic, political, environmental or fraternal literature, writings, or products; provided, that such person shall not stand in such a location so as to create a hazard or to render it impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk.

(Code 1964 § 11-53; Ord. 924 § 1, 1996)

A. No person shall engage in peddling, soliciting or street vending except as permitted by the provisions of this chapter.

B. Any person, firm or corporation who or which violates any provision of this chapter is guilty of a misdemeanor, punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or both. Every such violation shall be deemed a separate offense for each day or portion thereof during which such violation continues.

(Code 1964 § 11-54; Ord. 924 § 1, 1996)