HomeMy WebLinkAboutOrd 2008
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ORDINANCE NO. 2008
AN ORDINANCE OF THE CITY OF BURLINGAME
ADDING CHAPTER 6.25 TO THE BURLINGAME MUNICIPAL
CODE, ESTABLISHING A PROGRAM TO REGULATE AND
PERMIT SIDEWALK VENDING; AMENDING CHAPTER 6.24 –
PEDDLERS AND SOLICITORS; AMENDING SECTION 10.32.030 –
OBSTRUCTING SIDEWALKS BY OBJECTS – EXCEPTIONS; AND
AMENDING SECTION 25.42.020(C) – EXEMPT SIGNS – SIGNS
INTEGRATED INTO CERTAIN DEVICES; CEQA DETERMINATION:
EXEMPT PURSUANT TO STATE CEQA GUIDELINES SECTIONS
15378 AND 15061(b)(3)
WHEREAS, on September 17, 2018, Governor Edmund Gerald Brown approved
Senate Bill (SB) No. 946, which limits the City’s ability to regulate sidewalk vending except
in accordance with California Government Code Sections 51038 and 51039; and
WHEREAS, SB 946 took effect on January 1, 2019; and
WHEREAS, the Burlingame Municipal Code currently limits the abilities of sidewalk
vendors to operate within the City, which may conflict with SB 946; and
WHEREAS, the City Council adopts this ordinance under the authority of SB 946,
and the City Council finds that the regulations and requirements from this ordinance,
including restrictions limiting the hours, locations and activities of street vendors, are directly
related to the City’s obligation to provide for the health, welfare and safety of City residents,
visitors and businesses; and
WHEREAS, the City Council finds that the regulations enacted through this
Ordinance, including, but not limited to those governing minimum sidewalk widths, sidewalk
vending receptacle sizes, distance requirements, permit requirements, and food and
merchandise storage are necessary to ensure compliance with the Americans With
Disabilities Act, as well as other federal, state and local regulations ensuring health and
safety; and
WHEREAS, the City Council finds this ordinance is necessary to ensure the
public’s use and enjoyment of natural resources and recreational opportunities within the
City; and
WHEREAS, the City Council finds that this ordinance is necessary to protect
Burlingame’s scenic beauty and limited natural resources by limiting the concentration of
commercial activity that would interfere the public’s use and enjoyme nt of City parks and
public spaces.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. The proposed Ordinance is not a project within the meaning of section
15378 of the CEQA Guidelines because it has no potential for resulting in physical change
in the environment, either directly or ultimately. In the event that this Ordinance is found
to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility
of a significant effect on the environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapter 6.25 of the Burlingame Municipal Code is created with the
language provided in Exhibit A, attached hereto and incorporated herein by reference.
Section 6. Chapter 6.24 and Sections 10.32.030 and 25.42.020(C) of the
Burlingame Municipal Code are amended as reflected in Exhibit B, attached hereto and
incorporated herein by reference. Exhibit B generally shows additions with underlined
text and deletions with strike out text.
Section 7. This Ordinance shall go into effect 30 days following its adoption.
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Section 8. The City Clerk is directed to publish this ordinance in a manner
required by law.
___________________
Ricardo Ortiz, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
19th day of September 2022 and adopted thereafter at a regular meeting of the City
Council held on the 3rd day of October by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
6.25 Sidewalk Vending Program
Sections
6.25.010 Purpose
6.25.020 Definitions
6.25.030 Permit Required
6.25.040 Issuance of Permit
6.25.050 Operating Conditions
6.25.060 Prohibited Activities and Locations
6.25.070 Penalties
6.25.080 Appeals
6.25.090 Administrative Procedures
6.25.100 Conflict of Laws
6.25.010 Purpose.
The purpose of this chapter is to establish a sidewalk vendor permitting and regulatory
program that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions
of this chapter allow the City to encourage small business activities by removin g total
prohibitions on portable food stands and certain forms of solicitation, while still permitting
regulation and enforcement of unpermitted sidewalk vending activities in order to protect
the public’s health, safety and welfare.
A. The City Council hereby finds that, to promote the health, safety and welfare of the
community, restrictions on street vending are necessary to:
1. Ensure no interference with:
a. The performance of police, firefighter and emergency medical personnel
services;
b. The flow of pedestrian or vehicular traffic including ingress into, or egress
from, any residence, public building, public park, or place of business, or from
the street to the sidewalk, by persons exiting or entering parked or standing
vehicles;
2. Provide reasonable access for the use and maintenance of sidewalks, pathways
(including pathways in public parks), poles, posts, traffic signs or signals, fire
hydrants, restrooms, trash receptacles, firefighting apparatus and equipment,
mailboxes, as well as access to locations used for public transportation services;
3. Maximize public access to and along the main commercial districts of the City;
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and
4. Reduce exposure to the City for personal injury or property damage claims and
litigation.
B. The City Council hereby finds that the unique characteristics of the City require
certain restrictions on sidewalk vending as follows:
1. Broadway between Balboa Avenue and Rollins Road is an extremely busy road
with unusually high pedestrian and vehicular traffic volumes. Restrictions on sidewalk
vending are necessary to protect the public from injury given the intense use of this
space;
2. Burlingame Avenue between 200 feet west of El Camino Real (State Route 82)
and California Drive is an extremely popular tourist destination with unusually high
pedestrian and vehicular traffic volumes. Restrictions on sidewalk vending are
necessary to protect the public from injury given the popularity of these tourist
destinations;
3. The Central County Fire Department contains critical emergency infrastructure.
Restrictions on sidewalk vending are necessary to ensure that fire equipment is
easily accessible and critical infrastructure is maintained and accessible at all times;
4. The Burlingame Police Department contains critical emergency infrastructure.
Restrictions on sidewalk vending are necessary to ensure that police equipment is
easily accessible and critical infrastructure is maintained and accessible at all times;
5. Restrictions on sidewalk vending at active parks is necessary to protect the
health, safety and welfare of those persons engaged in active sports activities as well
as spectators of sporting activities;
6. Many of the sidewalks and pathways in the City are under eight feet wide and
sidewalk vending in these areas would unreasonably interfere with the flow of
pedestrians and disrupt access for persons with disabilities; and
7. Caltrain operates within City boundaries, and includes various vehicle and
pedestrian crossings. Restrictions on sidewalk vending at and near these locations is
necessary to ensure public safety.
6.25.020 Definitions.
A. If a term or phrase is not defined in this part, or elsewhere in this code, the most
common dictionary definition is presumed to be correct.
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B. As used in this chapter, the following terms and phrases shall have the meaning
ascribed to them in this part, unless the context in which they are used clearly requires
otherwise:
1. “Alcohol” means an “alcoholic beverage” as defined in Section 25.108.020, or
any successor section;
2. “Certified farmers’ market” means a location operated in accordance with
Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and
Agricultural Code and any regulations adopted pursuant to that chapter, or any
successor chapter;
3. “Fire station” means any facility where fire engines and other equipment of the
Fire Department are housed;
4. “Food” means any item provided in Health and Safety Code Section 113781, or
any successor section;
5. “Heating element” means any device used to create heat for food preparation;
6. “Marijuana” means “cannabis” or “cannabis product” as defined in
Section 25.48.060(C), or any successor section;
7. “Merchandise” means any item(s) that can be sold and immediately obtained
from a sidewalk vendor, which is not considered food. Items for rent shall not be
considered merchandise;
8. “Park” means each and every public park, recreation center, body of water,
riding or hiking trail, parking lot and every other recreation facility owned, managed
and/or controlled by the City and under the jurisdiction of the Parks and Recreation
Director. The City has both active parks and passive parks:
a. “Active parks” contain one or more sporting fields or active ly encourage
physical activity;
b. “Passive parks” are typically less developed than an active park, but may
contain features such as walking tracks, gardens, seating, barbecues, and picnic
areas. They do not usually contain sports infrastructure or encourage strenuous
physical activity, although they may contain playground equipment;
9. “Pathway” means a paved path or walkway owned by the City or other public
entity that is specifically designed for pedestrian travel, other than a sidewalk;
10. “Person” means and includes all domestic and foreign corporations,
associations, syndicates, joint stock corporations, partnerships of every kind, clubs,
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business or common law trusts, societies, and individuals transacting and carrying on
any business in the City;
11. “Police station” means any facility where police vehicles and other equipment of
the City’s Police Department are housed;
12. “Public property” means all property owned or controlled by the City, including,
but not limited to, buildings, alleys, public plaza or community open space, parks,
pathways, streets, parking lots, sidewalks, and walking trails;
13. “Residential” means any area zoned exclusively as residential in Title 25
(Zoning Code) or residential overlay district or their equivalent;
14. “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to
place and stops only to complete a transaction;
15. “Sidewalk” means that portion of a highway, other than the roadway, set apart
by curbs, barriers, markings or other delineation specifically designed for pedestrian
travel and that is owned by the City or other public entity;
16. “Sidewalk vending receptacle” or “sidewalk vendor receptacle” means a
pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance used for sidewalk vending activities;
17. “Sidewalk vendor” or “vendor” means a person(s) who sells food or
merchandise from a sidewalk vending receptacle or from one’s person, upon a public
sidewalk or pathway;
18. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that
qualify a person as a sidewalk vendor or actions done in anticipation of becoming a
sidewalk vendor such as, but not limited to, placement or maintenance of any
sidewalk vendor receptacles;
19. “Special event” means any special event described in Section 25.82.030(C), or
any successor section;
20. “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed
location; and
6.25.030 Permit Required.
A. No person, either for themselves or any other person, shall engage in any sidewalk
vendor activities within the City without first applying for and receiving a permit from the
Finance Director, or the Finance Director’s designee, under this chapter.
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B. A written application for a sidewalk vendor permit shall be filed with the Finance
Director, or Finance Director’s designee, on a form provided by the City, and shall contain
the following information:
1. The name, address, and telephone number of the person applying to become a
sidewalk vendor;
2. The name, address, and telephone number of the person who will be in charge
of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for
the person(s) working at the sidewalk vending receptacle;
3. The name, address, and telephone number of all persons that will be employed
as roaming sidewalk vendors or at a sidewalk vending receptacle;
4. The number of sidewalk vending receptacles the sidewalk vendor will operate
within the City under the permit;
5. The location(s) in the City where the sidewalk vendor intends to operate;
6. The day(s) and hours of operation the sidewalk vendor intends to operate at
such location(s);
7. Whether the vendor intends to operate as a stationary sidewalk vendor or a
roaming sidewalk vendor and, if roaming, the intended path of travel;
8. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s),
including a picture of each sidewalk vending receptacle operating under the permit
and any signs that will be affixed thereto;
9. Whether the sidewalk vendor will be selling food, merchandise, or b oth;
10. If the sidewalk vendor is selling food, a description of the type of food to be
sold, whether such foods are prepared on site, whether such foods will require a
heating element inside or on the sidewalk vending receptacle for food preparation,
and the type of heating element, if any;
11. If the vendor is selling merchandise, a description of the merchandise to be
sold;
12. A copy of the current San Mateo County Health Permit (required for any
sidewalk vendors selling food);
13. Proof the person possesses a valid California Department of Tax and Fee
Administration seller’s permit which notes the City as a location or sublocation, which
shall be maintained for the duration of the sidewalk vendor’s permit;
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14. An acknowledgment that the sidewalk vendor will comply with all other
generally applicable local, State, and Federal laws;
15. A certification that, to their knowledge and belief, the information contained
within the application is true;
16. An agreement by the sidewalk vendor to defend, indemnify, release and hold
harmless the City, its City Council, boards, commissions, officers and employees
from and against any and all claims, demands, obligations, damages, actions,
causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation attorney’s fees, disbursements and court
costs) of every kind and nature whatsoever which may arise from or in any manner
relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities.
This indemnification shall include, but not be limited to, damages awarded against
the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in
connection with such claim, action, or proceeding whether incurred by the permittee,
City, and/or the parties initiating or bringing such proceeding;
17. An acknowledgement that use of public property is at the sidewalk vendor’s
own risk, the City does not take any steps to ensure public property is safe or
conducive to the sidewalk vending activities, and the sidewalk vendor uses public
property at their own risk;
18. An acknowledgement that the sidewalk vendor will obtain and maintain
throughout the duration of any permit issued under this chapter any insurance
required by the City’s Risk Manager;
19. If the sidewalk vendor has operated in the City in the past, proof of prior sales
tax allocation to the City; and
20. Any other relevant information required by the Finance Director, or the Finance
Director’s designee.
C. Each application for a sidewalk vendor permit shall be accompanied by a
nonrefundable application fee as established by resolution of the City Council. The
application and permit is only applicable to the individual(s) named on the application.
D. This sidewalk vendor permit is required in addition to, and not in place of, a
Burlingame city business license. Each sidewalk vendor conducting business within City
limits must obtain and maintain a valid City of Burlingame business license.
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6.25.040 Issuance of Permit
A. Within thirty (30) calendar days of receiving a complete application, the Finance
Director, or the Finance Director’s designee, may issue a sidewalk vendor permit, with
appropriate conditions, as provided for herein, if he or she finds based on all of the
relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or
pedestrian movement, or tend to interfere with or endanger the public peace or rights
of nearby residents to the quiet and peaceable enjoyment of their property, or
otherwise be detrimental to the public peace, health, safety or general welfare;
2. The conduct of the sidewalk vendor will not unduly interfere with normal
governmental or City operations, threaten to result in damage or detriment to public
property, or result in the City incurring costs or expenditures in either money or
personnel not reimbursed in advance by the vendor;
3. The conduct of such sidewalk vending activity will not constitute a fire hazard,
and all proper safety precautions will be taken;
4. The conduct of such sidewalk vending activity will not require the diversion of
police officers to properly police the area of such activity as to interfere with normal
police protection for other areas of the City;
5. The sidewalk vendor has paid all previous administrative fines, completed all
community service, and completed any other alternative disposition associated in
any way with a previous violation of this chapter;
6. The sidewalk vendor has not had a permit revoked within the past twelve (12)
months;
7. The sidewalk vendor’s application contains all required information;
8. The sidewalk vendor has not made a materially false, misleading or fraudulent
statement of fact to the City in the application process;
9. The sidewalk vendor has satisfied all the requirements of this chapter;
10. The sidewalk vendor has paid all applicable fees as set by City Council
resolution;
11. The sidewalk vendor’s sidewalk vending receptacle and proposed activities
conform to the requirements of this chapter;
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12. The sidewalk vendor has taken all necessary steps to obtain a San Mateo
County mobile food facility permit;
13. The sidewalk vendor has adequate insurance to protect the City from liability
associated with the sidewalk vendor’s activities, as determined by the City’s Risk
Manager, or the Risk Manager’s designee, and, if required by the City, the City has
been named as an additional insured; and
14. The sidewalk vendor has satisfactorily provided all information requested by the
Finance Director, or the Finance Director’s designee, to consider the vendor’s
application.
B. A sidewalk vendor permit is nontransferable. Any change in ownership or operation of
a sidewalk vendor or sidewalk vending receptacle requires a new permit under this
chapter.
C. All permits issued under this chapter shall expire twelve (12) months from date of
issuance.
6.25.050 Operating Conditions
All sidewalk vendors are subject to the following operating conditions when conducting
sidewalk vending activities:
A. All food and merchandise shall be stored either inside or affixed to the sidewalk
vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be
stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle,
the overall space taken up by the sidewalk vendor receptacle shall not exceed the size
requirements provided in this section;
B. The sidewalk vendor permit shall be displayed conspicuously at all times on the
sidewalk vending receptacle or the sidewalk vendor’s person. If multiple sidewalk vendors
are staffing a sidewalk vendor receptacle or working as roaming sidewalk vendors, each
person shall wear their permit on their person in a conspicuous manner;
C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to
solicit business for their sidewalk vending activities;
D. All signage and advertising related in any way to the sidewalk vendor shall be
attached to the sidewalk vending receptacle, if any, or the sidewalk vendor’s person;
E. Sidewalk vendors shall not use any electrical, flashing, wind powered, or animated
sign;
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F. Sidewalk vending receptacles shall not be stored on public property and shall be
removed when not in active use by a sidewalk vendor;
G. All sidewalk vendors shall allow a police officer, firefighter, life safety services officer,
code enforcement officer, health inspector, or other government official charged with
enforcing laws related to the street vendor’s activities, at any time, to inspect their
sidewalk vending receptacle for compliance with the size requirements of this chapter and
to ensure the safe operation of any heating elements used to prepare food;
H. Sidewalk vending receptacles and any attachme nts thereto shall not exceed a total
width of four feet, and a total length of four feet, and a total height, including a roof,
umbrella or awning, of ten feet; provided, that any umbrella or awning shal l be no less
than seven feet above the surface of the sidewalk;
I. No sidewalk vending receptacle shall contain or use natural gas or other explosive or
hazardous materials unless authorized by the City in writing following review by
appropriate authorities;
J. If a sidewalk vending receptacle requires more than one person to conduct the
sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending
receptacle shall be within five feet of the sidewalk vending receptacle when cond ucting
sidewalk vending activities;
K. Sidewalk vendors that sell food shall have in their possession at all times they are
conducting sidewalk vending activities the required County health permit and grade (if
given health grade by San Mateo County Health);
L. Sidewalk vendors shall comply with all applicable State and local laws, as amended
from time to time, including the County Health Code, State food labeling and preparation
requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990
(Public Law 101‐336) and other disability access standards (both State and Federal).
M. Sidewalk vendors that sell food shall maintain a trash container in or on their
sidewalk vending receptacle and shall not empty their trash into public trashcans. The size
of the vendor’s trash container shall be taken into account when assessing the total size
limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any locatio n
without first picking up, removing, and disposing of all trash or refuse from their operation;
N. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item
related to sidewalk vending activities that falls on public property;
O. Sidewalk vendors shall maintain a minimum four-foot clear accessible path free from
obstructions, including sidewalk vending receptacles and customer queuing area;
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P. Sidewalk vendors shall comply with the noise standards provided in Chapter 10.4 0 or
any successor chapters, and no amplified music or loudspeakers are permitted;
Q. In passive parks, sidewalk vendors shall not approach persons to sell food or
merchandise;
R. In active parks, sidewalk vendors shall not interfere in any way with anyone engaged
in a sporting activity and shall not approach spectators who are watching a sporting
activity to sell food or merchandise; and
S. Sidewalk vendors shall ensure that all required insurance is in effect prior to
conducting any sidewalk vendor activities and maintained for the duration of the permit.
6.25.060 Prohibited Activities and Locations
A. Sidewalk vendors shall comply with all operating conditions including those conditions
set forth in Section 6.25.050, or any successor sections.
B. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to
any building or structure including but not limited to lampposts, parking meters, mailboxes,
traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic
barriers.
C. Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers;
2. Displaying merchandise or food that is not available for immediate sale;
3. Selling of alcohol, marijuana, adult oriented material, tobacco products, products
that contain nicotine or any product used to smoke/vape nicotine or marijuana;
4. Using an open flame on or within any sidewalk vending receptacle;
5. Using an electrical outlet or power source that is owned by the City or another
person other than the sidewalk vendor, unless given express permission to use this
power source in writing by the owner of the power source, which will be provided to
City Officials immediately upon request;
6. Conducting sidewalk vending activities:
a. Anywhere in the City between the hours of 9:00 p.m. and 7:00 a.m. daily;
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b. On sidewalks or pathways directly adjacent to or within residential areas,
between the hours of 9:00 p.m. and 9:00 a.m. daily;
7. Continuing to offer food or merchandise for sale, following, or accompanying any
person who has been off ered food or merchandise after the person has asked the
sidewalk vendor to leave or after the person has declined the offer to purchase food
or merchandise;
8. Knowingly making false statements or misrepresentations during the course of
offering food or merchandise for sale;
9. Blocking or impeding the path of the person(s) being offered food or
merchandise to purchase;
10. Making any statement, gesture, or other communication which a reasonable
person in the situation of the person(s) being offered food or merchandise to
purchase would perceive to be a threat and which has a reasonable likelihood to
produce in the person(s) a fear that the threat will be carried out;
11. Touching the person(s) being offered food or merchandise without that
person(s)’ consent;
12. Advertising any product or service that is not related to the food or merchandise
being offered for immediate sale; or
13. Placing their sidewalk vending receptacles outside of any pathway or sidewalk
when engaging in sidewalk vending activities.
D. Sidewalk vendors shall not engage in sidewalk vending activities at the following
locations:
1. Burlingame Avenue between 200 feet west of El Camino Real and California
Drive;
2. Broadway between Balboa Avenue and Rollins Road ;
3. Any public property that does not meet the definition of a sidewalk or pathway
including, but not limited to, any alley, street, street end, or parking lot;
4. Within two hundred (200) feet of:
a. A police station;
b. A fire station;
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c. A permitted certified farmers’ market or swap meet during the limited
operating hours of that certified farmers’ market or swap meet;
d. An area designated for a special event permit issued by the City, during the
limited duration of the special event;
5. Within one hundred (100) feet of:
a. Another sidewalk vendor;
b. A public or private school, a place of worship, or a large or general child
day-care facility;
c. A Caltrain vehicle or pedestrian crossing;
d. Any public picnic area, playground area or playground equipment;
e. Any public community center, athletic field or court, softball/baseball
diamond, basketball court, handball court, pickleball court, tennis court, soccer
field, or volleyball court;
f. The portion of any City facility that is renting merchandise or selling food to
the public or where the rental merchandise is stored;
g. Any police officer, firefighter or emergency medical personnel who are
actively performing their duties or providing services to the public;
6. Within twenty-five (25) feet of a:
a. Fire hydrant;
b. Curb which has been designated as white, yellow, green, blue, or red zone,
or a bus zone;
c. Automated teller machine;
d. Driveway, alley, or entrance to a parking lot or parking garage;
e. Entrance or exit to a building, structure or facility; or
f. Trash receptacle, bike rack, bench, bus stop, restroom, or similar public use
items.
g. The intersection of a street and a sidewalk;
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E. Stationary sidewalk vendors shall not sell food or merchandise or engage in any
sidewalk vending activities:
1. On any sidewalk or pathway that is not a minimum width of eight feet;
2. At any park where the City has signed an agreement for concessions or issued a
City permit that allows the sale of food or merchandise by a concessionaire, for the
period of time the concessionaire is permitted to operate ; or
3. On sidewalks or pathways directly adjacent to or within residential areas.
6.25.070 Penalties
Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall
only be punished by the following administrative citation and revocation structure:
A. Except as otherwise provided in this chapter, any violation of this chapter shall be
assessed administrative fines in the following amounts:
1. An administrative fine not exceeding one hundred dollars ($100.00) for a first
violation;
2. An administrative fine not exceeding two hundred dollars ($200.00) for a second
violation within one year of the first violation;
3. An administrative fine not exceeding five hundred dollars ($500.00) for each
additional violation within one year of the first violation;
B. If a sidewalk vendor violates any portion of this chapter and cannot present the citing
officer with a proof of a valid permit, the sidewalk vendor shall be assessed administrative
fines in the following amounts:
1. An administrative fine not exceeding two hundred fifty dollars ($250.00) for a first
violation;
2. An administrative fine not exceeding five hundred dollars ($500.00) for a second
violation within one year of the first violation;
3. An administrative fine not exceeding one thousand dollars ($1,000.00) for each
additional violation within one year of the first violation;
C. Upon proof of a valid permit issued by the City, the administrative fines set forth in
subsection (B) of this section shall be reduced to the administrative fines set forth in
subsection (A) of this section, or any successor sections; and
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D. The Finance Director, or the Finance Director’s designee, may revoke a permit
issued to a sidewalk vendor for the term of that permit upon the fourth violation or
subsequent violations within one year of the first violation.
6.25.080 Appeals
A. Administrative citations shall be appealed in the following manner:
1. Any recipient of an administrative citation may request an ability-to-pay
determination, contest that there was a violation of the code, and/or that he or she is
the responsible person, through the procedure set forth in Chapter 1.14, or any
successor section. Notwithstanding the time limits set forth in Chapter 1.14, any
person requesting a hearing and ability-to-pay determination may file the request
within the time frames set forth in Government Code Section 51039(f)(1), or any
successor section;
2. Any recipient of an administrative citation may file for a hardship waiver in
accordance with Section 1.14.120, or any successor section;
3. All appeals of administrative citations shall be heard by a Hearing Officer
designated pursuant to Section 1.14.040, or any successor section;
4. In addition to the powers set forth in Chapter 1.14, or any successor Chapter,
the Hearing Officer shall have the power to:
a. Reduce the fine based upon the person’s ability to pay the fine;
b. If the Hearing Officer finds the person meets the criteria described in
subdivision (a) or (b) of Government Code Section 68632, or any successor
section, the Hearing Officer shall order the City to accept, in full s atisfaction,
twenty (20) percent of the administrative fine imposed pursuant to this chapter;
and
c. The Hearing Officer may allow the person to complete community service in
lieu of paying the total administrative fine, may waive the administrative fin e, or
may offer an alternative disposition.
5. All appeals of administrative citations shall be conducted in accordance with
Section 1.14.120, or any successor section;
6. After considering all of the testimony and evidence submitted at the hearing, the
Hearing Officer shall issue a written decision within ten (10) days of the hearing and
shall list in the decision the reasons for that decision:
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a. The Hearing Officer may uphold or deny the administrative citation or take
any other action within the Hearing Officer’s power;
b. If the Hearing Officer determines that the administrative citation should be
upheld and a fine assessed, then the amount of the fine assessed that is on
deposit with the City shall be retained by the City and any remainder on deposit
with the City, if any, shall be promptly returned;
c. If the Hearing Officer determines that the administrative citation should be
denied, or imposes an alternative disposition, and the fine was deposited with
the City, then the City shall promptly refund the amount of the deposited fine;
d. The decision of the Hearing Officer shall be final; and
e. The recipient of the administrative citation shall be served with a copy of the
Hearing Officer’s written decision in the manner prescribed by Section 1.14.070,
or any successor section.
B. Decisions of the Finance Director, or the Finance Director’s designee, to revoke a
permit shall be appealed in the following manner:
1. Appeals shall be initiated within fifteen (15) calendar days of se rvice of notice of
the decision;
2. Appeals of decisions shall be made in writing on forms provided by the City;
3. Decisions that are appealed shall not become effective until the appeal is
resolved;
4. All appeals of decisions shall be heard by a Hearing Officer designated by the
City Manager or his/her designee;
5. A hearing before the Hearing Officer may be set for a date that is not less than
fifteen (15) and not more than sixty (60) days from the date that the request for
hearing is filed in accordance with the provisions of this chapter. The responsible
person requesting the hearing shall be notified of the time and place set for the
hearing at least ten (10) days prior to the date of the hearing. The City and
responsible person may mutually agree to waive, modify or change the date of the
proceeding;
6. All appeals of decisions shall comply with the following additio nal procedures:
a. At least ten (10) days prior to the hearing, the responsible person requesting
the hearing shall be provided with copies of the citations, reports and other
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documents or evidence submitted or relied upon by the Finance Director, or th e
Finance Director’s designee;
b. No other discovery is permitted. Formal rules of evidence shall not apply.
Administrative hearings are intended to be informal in nature. Any relevant
evidence shall be admitted if it is the type of evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs, regardless of
the existence of any common law or statutory rules, which might make improper
the admission of such evidence over objection in civil actions in courts of
competent jurisdiction in this State. Irrelevant and unduly repetitious evidence
shall be excluded;
c. The failure of any responsible person who has filed an appeal to appear at
the hearing shall constitute a failure to exhaust their administrative remedies;
7. After considering all of the testimony and evidence submitted at the hearing, the
Hearing Officer shall issue a written decision within ten (10) days of the hearing and
shall list in the decision the reasons for that decision:
a. The Hearing Officer may uphold or deny the decision and the decision of the
Hearing Officer shall be final; and
b. The responsible person who has filed an appeal shall be served with a copy
of the Hearing Officer’s written decision.
6.25.090 Administrative Procedures
The City Manager may adopt reasonable administrative procedures necessary to
implement this chapter.
6.25.100 Conflict of Laws
In the event that any provision of this chapter is in conflict with State law or regulations, as
may be amended from time to time, said State law or regulation shall control to the extent
that said State law or regulation preempts local regulations. In the event of such
preemption, all remaining portions of this ordinance shall remain valid and enforceable.
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EXHIBIT B
6.24 Peddlers and Solicitors
6.24.015 Sidewalk Vendors
The provisions of this chapter shall not apply to a permitted sidewalk vendor, as defined
and regulated by Chapter 6.25.
10.32 Obstructing Sidewalks by Objects
10.32.030 Exceptions.
Section 10.32.020 shall not apply:
(a) To lighting fixtures or water hydrants erected by permission of the city council,
or ornamental trees planted along the outer line of the sidewalk and within the curb and
barriers for the protection of the same, and other trees maintained by the permission of
the city council;
(b) To materials used in the construction or repair of any building during the
existence of and subject to the terms of any permit issued by the building inspector;
(c) To receipt, delivery or removal of goods, wares or merchandise between the
hours of 6:00 p.m. and 9:00 a.m. on the following morning; or
(d) To merchandise displays, ornamental plantings, trash receptacles, privately
maintained bicycle racks or other objects (excluding signs of any kind) for which an
encroachment permit has been obtained pursuant to Chapter 12.10 of this code.
(e) To any individual legally operating as a permitted side walk vendor, as defined
and regulated by Chapter 6.25.
25.42 Signs
25.42.020 Exempt Signs.
C. Signs Integrated into Certain Devices. Any sign integrated into or on a coin-
operated machine, vending machine, gasoline pump, permitted sidewalk vendor
receptacle or telephone booth are is exempt.
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