Piedmont Municipal Code Div. 13.05 Administration and Enforcement

A. The police department is authorized to issue vending permits in accordance with this chapter.

B. The Police Chief is authorized to develop, and enforce, the rules and regulations regarding the licensing, permitting, and operation of sidewalk vending, in accordance with this chapter.

A. Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

1. For vending without a valid vending permit:

a. An administrative fine of $250 for a first violation. b. An administrative fine of $500 for a second violation within one year of the first violation. c. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.

Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.

2. For all violations of this chapter other than vending without a valid vending permit as outlined in subsection A above: a. An administrative fine of $100 for a first violation. b. An administrative fine of $200 for a second violation within one year of the first violation. c. An administrative fine of $500 for a third violation within one year of the first violation. d. An administrative fine of $500 for a fourth and each subsequent violation, and revocation of the vending permit. Revocation proceedings will be conducted in accordance with the rules and regulations established by the city.

B. Administrative citations shall be in the format prescribed by the Police Chief. In conjunction with the issuance of an administrative citation, the issuing person will provide the person subject to administrative citation notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

Sidewalk Vendors & Solicitors C. All citations issued for violations of this chapter and the rules and regulations are subject to the administrative hearing and appeal process under Section 1.14 through 1.18 of the city code, except that no appeal fee shall be required.

D. Fines assessed pursuant to this section shall be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at the administrative hearing if requested by the person pursuant to Government Code section 51038(f). Additionally, the hearing officer 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.

E. All administrative fines imposed shall be subject the city’s authority to use any civil remedy available to collect any unpaid administrative fine, including but not limited to a collections program. No interest charges, late charges, or other fees shall be imposed under Section 1.19 for an administrative citation issued as a result of a violation of divisions 13.02 through 13.04.

The city may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the city may cause the cart to be removed and may, after adequate notice, subsequently dispose of the cart (including any associated merchandise and food) if not claimed by the vendor in accordance with the rules and regulations.

Sidewalk Vendors & Solicitors