Porterville Municipal Code Ch. 8A Sidewalk Vending

SECTION:

8A-1: DEFINITIONS:

As used in this chapter the following meanings shall apply:

ROAMING SIDEWALK VENDOR: A sidewalk vendor who moves from place to place and stops only to complete a transaction.

SIDEWALK VENDOR: A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.

STATIONARY SIDEWALK VENDOR: A sidewalk vendor who vends from a fixed location. (Ord. 1852, 3-26-2019)

8A-2: SIDEWALK VENDING PERMITS:

A. Only sidewalk vendors with valid sidewalk vending permits issued by the Finance Director may vend upon the city’s public right-of-way.

B. To apply for a sidewalk vending permit, the applicant must provide:

1. A completed application form containing:

a. Their name and mailing address;

b. Description of the merchandise offered for sale or exchange;

c. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation; and

d. Certification that the information is true to his or her knowledge and belief.

2. A copy of a California’s driver’s license or identification number, an individual taxpayer identification number, or a social security number. Such information is not a public record and will remain confidential as required by Government Code section 51038(c)(4).

3. A copy of a valid California Department of Tax and Fee Administration seller’s permit, as required.

4. A copy of a valid Mobile Food Permit issued by the Tulare County Department of Health and Human Services, as required.

C. To ensure the safety of residents and the merchantability of products sold by vendors without a fixed place of business, the city requires all sidewalk vending applicants to undergo a fingerprinting background check and to submit the results to the city as an attachment to their application.

D. The sidewalk vending permit application shall require the applicant to agree, in writing, to comply with all the provisions of this chapter and all applicable provisions of the Porterville Municipal Code. (Ord. 1852, 3-26-2019)

8A-3: GENERAL REGULATIONS:

A. To maintain accessibility standards for the city’s disabled residents, every sidewalk vendor operating on any sidewalk or public right-of-way must ensure that no obstruction is placed in the sidewalk or public right-of-way that would reduce the width of the sidewalk to less than 48 inches, exclusive of the top of the curb. No obstruction shall be located in a sidewalk or public right-of-way less than six feet in width when the sidewalk is adjacent to the curb.

B. To prevent food-borne illness and protect the health and safety of the city’s residents, every sidewalk vendor selling any food or beverage is required to wear a hairnet and food service gloves.

C. To prevent dangerous distractions and promote the general welfare of the city’s residents, sidewalk vendors are prohibited from emitting any loud, unnecessary and unusual noises including, but not limited to, using a loudspeaker, blowing any bugle, horn or trumpet, or beating any drum, or ringing any bell, or in any other manner, for the purpose of advertising, announcing or calling attention to any goods, wares, or merchandise.

D. A sidewalk vending permit does not provide an exclusive right to operate within any specific portion of the public right-of-way.

E. 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 from 10:00 p.m. to 8:00 a.m. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and shall be seized or disposed of by the city.

F. To facilitate the enforcement of this chapter, every sidewalk vendor must display their city-issued sidewalk vending permit on the street side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance when operating in the public right-of-way.

G. To prevent unintended rolling or slipping, a sidewalk vendor is prohibited from operating a pushcart, pedal-driven cart, wagon, or other non-motorized conveyance on a public-right-of-way with a slope greater than five percent. (Ord. 1852, 3-26-2019)

8A-4: SPECIFIC REGULATIONS:

A. Sidewalk vending hours’ limitations in areas zoned for nonresidential use will be as restrictive as any limitations on hours of operation imposed on other businesses or uses on the same street, excluding those permitted to operate 24 hours.

B. Sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are exclusively residential, unless modified by resolution of the City Council.

C. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential.

D. A stationary sidewalk vendor is prohibited from operating in a city park if the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that city park.

E. A sidewalk vendor is prohibited.from operating within 500 feet of a permitted certified farmers’ market, a permitted swap meet, or any area subject to a temporary use permit or Community Civic Event for the duration of the permit. (Ord. 1852, 3-26-2019)

8A-5: VIOLATION; PENALTY:

A. Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. Two hundred fifty dollars ($250.00) for a first violation; or

2. Five hundred dollars ($500.00) for a second violation within one year of the first violation; or

3. One thousand dollars ($1,000.00) for each additional violation within one year of the first violation.

4. Upon proof of a valid permit issued by the Finance Department, the administrative fine in Section 8A-5 (A) will be reduced to the corresponding administrative fine in Section 8A-5 (B).

B. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed:

1. One hundred dollars ($100.00) for a first violation; or

2. Two hundred dollars ($200.00) for a second violation within one year of the first violation; or

3. Five hundred dollars ($500.00) for each additional violation within one year of the first violation.

4. The Finance Director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter.

C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. However, the City may levy a lien on the violator’s real or personal property, including the vehicle used for vending purposes.

D. An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter. (Ord. 1852, 3-26-2019)

8A-6: ABILITY-TO-PAY DETERMINATION:

A. Any fine issued under Section 8A-5 will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.?

B. If the requestor is receiving public benefits under Government Code section 68632, subdivision (a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the Finance Director will limit the total amount of the requestor’s administrative fine to 20 percent of the total and may:

• 1. Allow the person to complete community service in lieu of paying the total administrative fine; or
• 2. Waive the administrative fine; or
• 3. Offer an alternative disposition. (Ord. 1852, 3-26-2019)