Piedmont Municipal Code Div. 13.04 Sidewalk Vendor Operational Requirements

A. Every cart used to vend food must be approved by the Health Department. A cart may only vend the types of food that are listed and approved by the Health Department under the County Health Permit.

B. A cart used for sidewalk vending must obtain, possess, and prominently display a valid vending permit and all other required permits that are issued by other public agencies, such as a County Health Permit.

C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

D. No cart that is used for sidewalk vending may exceed a length of 72 inches, a width of 54 inches, or a height, including roof or awning, of 78 inches, exclusive of a separate condiment table no larger than 48 inches long and 24 inches wide and a trash receptacle no larger than 20 gallons in capacity. The Police Chief may, as a condition of vending permit issuance, further restrict the size of a vending cart based on the proposed location of operation. Each cart shall have a braking mechanism which shall be affixed in such a manner that it is not readily removable in order to secure the cart when parked, and adequate to stop the cart on any grade on which it is operated, under all conditions of loading.

E. A sidewalk vendor must operate according to the approved hours of operation included in the vending permit. The Police Chief may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the Police Chief may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.

F. No vending cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.

G. A sidewalk vendor must maintain a clean and trash-free 10-foot radius from the sidewalk vendor’s stationary cart during hours of operation and must leave the area clean by the approved closing time.

H. Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to

Sidewalk Vendors & Solicitors accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. Sidewalk vendors shall not dispose of waste into City garbage cans and shall provide at least one separate container each for recyclable materials, organic materials and garbage for use by customers and visitors.

I. A stationary vending cart that vends food must be operated within 200 feet of an approved and readily available toilet and handwashing facility. If the facility is located on private property, the sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the sidewalk vendor allowing the vendor to utilize such facilities, including the days and hours of operation.

J. Sidewalk vendors must comply with all applicable federal, state, and local laws, regulations, and ordinances.

K. No signs that are not attached to the vending cart may be used or displayed.

L. Vending carts must be self-contained, including any power, cooking, and heating equipment. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the city. Sidewalk vendors may not access a city power source without authorization from the city, nor a private power source without authorization from such private property owner or agent.

M. No sidewalk vendor or vending cart may use any device that produces noise in excess of 50 dB measured from the source, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.

N. If any equipment providing heat is used, the vendor shall be required to have a fully charged and operational 2A 10:BC fire extinguisher on hand, and must be familiar with its use.

O. Vending of services is prohibited.

A. No stationary vending cart may be used to vend within a residential zoned area. Stationary vending carts shall be restricted to Zones B and D.

B. A roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale.

C. It shall be unlawful for any sidewalk vendor to ring the bell or knock at the door of any residence or dwelling.

A. No sidewalk vendor may place or leave any vending cart:

1. Within 5 feet of a marked crosswalk.
2. Within 5 feet of the curb return of an unmarked crosswalk.

Sidewalk Vendors & Solicitors 3. Within 5 feet of any fire hydrant. 4. Within 5 feet ahead and 45 feet to the rear of a sign designating a bus stop. 5. Within a marked bus zone. 6. Within 10 feet of a bench or shelter used for public transit. 7. Within 5 feet of a driveway or driveway apron. 8. Within 20 feet of an outdoor dining or patio dining area. 9. Within 18 inches from the edge of the curb. 10. Where placement impedes the flow of vehicular traffic such as on public streets or public highways.

B. No vending cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or left unattended.

C. No vending cart may impede the flow of pedestrian traffic by reducing the path of travel to less than 4 feet, or impede access to or restrict the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

D. Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a vending cart where placement endangers the safety of persons or property.

A. No sidewalk vending is allowed within 300 feet of a city-permitted event within the time period commencing one hour before until one hour after the event. Permitted events include certified farmers’ markets, and any event that requires an street use permit or special event permit, or any other permit or authorization required by the city.

B. Sidewalk vending in City parks shall be prohibited except for on paved surfaces. The city council may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.

Sidewalk Vendors & Solicitors