San Luis Obispo County Municipal Code Ch. 13.10 Sidewalks

Under establishment of public rights-of-way which have been accepted into the county maintained road system, the county board of supervisors defines the use and control of said right-of-way under encroachment permit authority as defined under the Streets and Highways Code. Definitions and conditions as set forth in this chapter define the use and responsibility of said right-of-way for the areas reserved as sidewalks.

(Ord. 3093 § 1 (part), 2006)

"News rack" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale or distribution, with or without charge of newspapers, news periodicals, or trade and selling listings.

"Sidewalk," as defined under Section 5600 of the Streets and Highways Code, includes a parkway or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk, trail, or any such parkway or parking strip.

"Sidewalk cafe" means any group of tables and chairs and authorized decorative and accessory devices situated and maintained upon the public sidewalk for use in connection with the consumption of food and beverages sold to the public from or in an adjoining indoor food serving establishment. Only the sale of food and beverages is allowed at sidewalk cafes.

"Sign" means a freestanding element used by adjacent business, community groups, or individuals to convey information regarding activities promoted by said interests.

Superintendent of Streets and Repairs. The responsibility of superintendent of streets and repairs, as defined under the Streets and Highways Code, shall be the director of public works and transportation, or his/her designated agent, namely, the roads maintenance manager.

"Vendor" means a person who sells, offers to sells, barters, exchanges, or displays any type of food, wares, merchandise, or service at any location other than a permanent foundation which is occupied, rented, or leased, or owner by that person. A person engaged in a business conducted from a building or structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same types of goods or merchandise sold as part of the primary business activity on those premises shall not be considered a vendor under this section. A sidewalk cafe shall not be considered a vendor.

(Ord. 3093 § 1 (part), 2006)

The superintendent of streets and repairs, acting under authority to issue encroachment permits and the regulations established under this title, shall regulate activities upon the sidewalk area for the convenience of the public in order to utilize the sidewalk area in a safe and efficient manner.

(Ord. 3093 § 1 (part), 2006)

All vendors active within the public road right-of-way must obtain the necessary business license and meet the health and safety codes applicable in the County of San Luis Obispo prior to conducting business.

(1) Vendor Motor Vehicles. Vendor motor vehicles are allowed adjacent to the sidewalk area such that the vehicle staying at that location does not exceed thirty minutes and that once said thirty minutes has passed, the vehicle must move to a location at least three hundred feet removed therefrom. Such vehicles may not return to a location where they have previously stopped to vend within the previous three hours.

(2) Nonmotorized Carts. Nonmotorized carts are not allowed to be operated within the sidewalk area unless the operation is conducted under the limits of a permitted farmer's market operation within the community or special event street closure set up under authorization established pursuant to Chapter 15.610 of the county code.

(3) Vendors. No vending stalls, counters, tables, booths, stands or vending from persons are permitted to be operated within the sidewalk area unless the operation is conducted under the limits of a permitted farmer's market operation or special event street closure set up under authorization established pursuant to Chapter 15.610 of the county code.

(Ord. 3093 § 1 (part), 2006)

No news rack shall be installed, used, or maintained in any location where such installation, use, or maintenance endangers the safety of persons or property or unreasonably interferes with public utility, public transportation, bicyclists, wheelchairs, or vehicular traffic, or access to or from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signs or signals, hydrants, call boxes, or mailboxes.

No news rack shall be placed, installed, used, or maintained:

(1) Within three feet of a marked crosswalk;

(2) Within fifteen feet of the curb return of any unmarked crosswalk;

(3) Within five feet of a fire hydrant;

(4) Within three feet of any driveway, building entrance or sidewalk leading to entrance of a building;

(5) Within five feet of a marked bus stop.

Nonconforming news racks shall be removed and held by the county for the owner to pick-up at their expense. News rack designated to be removed shall be posted for removal five days prior to the removal. It is the responsibility of the owner to monitor news racks for this notice. Removed news racks which go unclaimed for more than thirty days shall be disposed of.

(Ord. 3093 § 1 (part), 2006)

A sidewalk cafe may be permitted only by approval of a conditional encroachment permit that is issued under the department of public works in conjunction with the department of planning and buildings approval of the use permit. The director of public works may impose conditions as deemed necessary to assure the proposed operation meets the requirements of this chapter and to maintain the public safety and welfare. A sidewalk cafe may be permitted only on a commercially zoned property and the layout must be located at least five feet from the face of the curb to provide an area for pedestrian passage, or in another configuration acceptable to the director of public works which will afford public pedestrian passage, safety and welfare.

(Ord. 3093 § 1 (part), 2006)

The director of public works, or his/her designated agent, is hereby authorized and empowered to remove, or cause to be removed, to any place selected by the director, all materials and things of whatever nature obstruct the free use of any street, lane, or sidewalk, or portion thereof, in the county or which render the same dangerous to the public. All items removed under this section may be sold after three days notice. The owner of the materials or things so removed may recover the same before the same are sold by said director on payment of the actual costs and charges of such removal and other incurred expenses.

(Ord. 3093 § 1 (part), 2006)

Whenever sidewalks are impeded, occupied, or removed due to construction of the adjoining property or used for material storage for said construction, a temporary walkway of not less than three feet in width, with substantial railings, shall be constructed around the outside of the obstruction and maintained during the obstruction of the sidewalk. If there are excavations on either side of the sidewalk, said walkway must be protected by substantial railings not less than thirty-two inches high from the floor of the walkway. The railings must be maintained so long as such excavations and depressions must be barricaded. Waterways and gutters must be bridged over, and kept clear of, obstructions to free passage of water. Obstructions shall not be placed within twelve feet of an existing in-service fire hydrant. In all cases, such temporary sidewalks, railings, and approaches shall be made as regards ease of approach, strength and safety to the satisfaction of the director of public works or their designated agent.

(Ord. 3093 § 1 (part), 2006)