Ordinance No. 1276
ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON,
CALIFORNIA, ADDING CHAPTER 12.10 – SIDEWALK VENDING TO
TITLE 12 – STREETS, SIDEWALKS AND PUBLIC PLACES OF THE
VERNON MUNICIPAL CODE
SECTION 1. Recitals.
A. On September 17, 2018, Senate Bill No. 946 (SB 946) was signed into law, adding
Sections 51036-51039 to the California Government Code.
B. SB 946 decriminalizes sidewalk vending and limits local regulations to those
expressly provided for in the bill or are otherwise “directly related to objective
health, safety, or welfare concerns”.
C. SB 946 only applies to sidewalk vending in public rights-of-way, and private rights-
of-way are still subject to private and local control.
D. The Vernon Municipal Code does not currently address or regulate sidewalk
vending operations.
E. The City desires to adopt a sidewalk vending ordinance setting forth operational
requirements for sidewalk vending within the City to ensure compliance with state
law and to protect the health, safety, and welfare of the public.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines
that the above recitals are true and correct and are a substantial part of this Ordinance.
SECTION 3. The City Council hereby finds that adoption of this Ordinance is
exempt from the California Environmental Quality Act (CEQA), in accordance with CEQA
Guidelines Section 15061(b)(3), because there is no possibility that regulation of sidewalk
vending will have a significant effect on the environment.
SECTION 4. The City Council hereby finds that this Ordinance is adopted
consistent with the authority under SB 946 to regulate the time, place and manner of
sidewalk vending operations in the City’s jurisdiction, in the interest of promoting public
health, safety and welfare.
SECTION 5. The City Council further finds that such restrictio ns on street vending
are necessary to:
1. Prevent interference with public safety personnel in the performance of their
duties.
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2. Maintain unobstructed sidewalks, pathways, streets, alleys, etc., to allow
pedestrians and vehicular traffic, including ingress and egress from any building,
place or business, from street to sidewalk, or by persons exiting or entering parked
or standing vehicles, particularly for individuals with disabilities.
3. Allow continued public access, use, and maintenance of public facilities,
including but not limited to paths, sidewalks, traffic signs/signals, fire hydrants,
and public transportation services.
4. Limit sidewalk vendors’ hours of operation within areas adjacent to
residential zones and prohibit stationary sidewalk vending in areas zoned
exclusively residential and adjacent to residential uses, to protect the safety of
vendors and residents and to promote the welfare of residents by prohibiting
commercial activities and associated noise and traffic during hours and in zones
wherein residents can and should expect peace and quiet.
5. Prohibit the operation of any sidewalk vendor within 500 feet of schools to
protect the health and safety of children, including but not limited to the danger
that could be caused by sidewalk congestion when school children are arriving or
leaving in large numbers.
6. To prevent food-borne illness and protect the health and safety of the public,
every sidewalk vendor is required to adhere to the provisions of California Health
and Safety Code, Division 104 (Environmental Health), Part 7 (California Retail
Food Code).
7. Prevent sidewalk vendors from selling alcohol, cannabis, tobacco products,
any product containing nicotine, adult-oriented materials, or any products used to
smoke/vape cannabis or nicotine to protect the health and safety of the public to
ensure that minors do not gain illegal access to these products.
8. Require sidewalk vendors to obtain insurance to protect the health and
safety of the public and employees of sidewalk vendors, because insurance would
help ensure a source of funding for bodily and property damage resulting from
sidewalk vendors' activities. Further, compelling sidewalk vendors to provide
liability insurance with the City named an as additional insured with respect to
liability arising out of a vendor's use of City property is necessary to protect the
City against claims for bodily injury and property damage arising during the
vendors’ and patrons’ uses of City property for their commercial activity.
9. To protect the public’s health, safety, and welfare by ensuring that vendors
on public property employ persons that do not pose a threat to customers and the
general public. This chapter is adopted pursuant to the City’s police powers for
the purpose of regulating vending on public property.
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As to all other regulations set forth in the Ordinance, they are directly related to
objective health, safety, and welfare concerns, including but not limited to the
health, safety and welfare of vendors, their prospective patrons, pedestrians,
those protected by the Americans with Disabilities Act, those operating motor
vehicles at intersections and in rights-of-way adjacent to sidewalks, and the public
at large.
SECTION 6. Chapter 12.10 of Title 12, is hereby added to the Vernon Municipal
Code, as follows:
Chapter 12.10 Sidewalk Vending
Sections.
12.10.010 Purpose.
12.10.020 Definitions.
12.10.030 Sidewalk vending permits.
12.10.040 General regulations.
12.10.050 Location-specific regulations.
12.10.060 Violation-Penalty.
12.10.070 Ability-to-pay determination.
12.10.080 Removal or disposal of seized property.
12.10.090 Revocation of permit.
Section 12.10.010. Purpose.
Sidewalk vending promotes entrepreneurship and can provide a vibrant street scene. The
procedures and standards in this article are intended to provide an orderly framework
allowing street vending while protecting the health and wellbeing of the public.
Section 12.10.020. Definitions.
As used in this article, the following meanings shall apply:
"Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place
and stops only to complete a transaction.
"Sidewalk vending receptacle" means a pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack, or other non-motorized conveyance.
"Sidewalk vendor" means a person who sells food or merchandise from a sidewalk
vending receptacle, or from one's person, upon a public sidewalk or other pedestrian
path.
"Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
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Section 12.10.030. Sidewalk vending permits.
(a) Only sidewalk vendors with valid sidewalk vending permits issued by the Public
Works Director may vend upon the city's public streets or rights-of-way.
(b) A sidewalk vending permit shall be valid for a period of one (1) year from the date of
issuance, unless sooner revoked as set forth in this article.
(c) To apply for a sidewalk vending permit, the applicant must provide:
1. A completed application form containing:
(i) Their name and mailing address;
(ii) Description of the merchandise offered for sale or exchange;
(iii) 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;
(iv) Certification that the information is true to his or her knowledge and belief;
and
(v) Provide proof of liability insurance as required by, and in a form acceptable
to, the Finance Department.
2. A copy of a California's driver's license or identification card, 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 City of Vernon Health and
Environmental Control Department, as required.
5. A statement indicating whether the sidewalk vendor intends to operate as a
stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the
intended method and path of travel.
(d) 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 an annual fingerprinting background check and to submit the results to the
City as an attachment to their application. Information related to an applicant’s
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immigration status will not be used or disclosed by the City to any other governmental
agency.
(e) The sidewalk vending permit application shall require the applicant to agree, in
writing, to comply with all the provisions of this article and all applicable provisions of
the Vernon Municipal Code.
(f) The Public Works Director shall deny the application on any of the following grounds:
1. The applicant does not submit one of more of the items required by the
application form; and/or
2. The applicant for a Sidewalk Vendor Permit was convicted of any of the following
crimes, or of an attempt or conspiracy to commit any of the following crimes, as
defined in the California Penal Code, and such conviction indicates that the
applicant may pose a danger to the public if granted a permit: murder, mayhem,
kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape,
arson, burglary, possession of burglarious instruments or deadly weapons, or
any crime for which the applicant is required to register as a sex offender
pursuant to California Penal Code Section 290.
Section 12.10.040. General regulations.
(a) To maintain accessibility standards for the disabled, every sidewalk vendor operating
on any public street or right-of-way must ensure that no obstruction is placed in the
public street or right-of-way that would reduce the width of the public street or right-
of-way to less than forty-eight (48) inches, exclusive of the top of the curb. No
obstruction shall be located in a public street or right-of-way less than six (6) 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 adhere to the
provisions of California Health and Safety Code, Division 104 (Environmental
Health), Part 7 (California Retail Food Code).
(c) A sidewalk vending permit does not provide an exclusive right to operate within any
specific portion of the public street or right-of-way.
(d) No equipment or objects used for sidewalk vending purposes may be left unattended
in public spaces or in any portion of the public street or right-of-way from 10:00 p.m.
to 6:00 a.m. Any equipment or objects left overnight in public spaces or in any portion
of the public street or right-of-way will be considered discarded and may be seized
or disposed of by the City in accordance with this article.
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(e) To facilitate the enforcement of this article, every sidewalk vendor must display their
city-issued sidewalk vending permit on the street-side portion of their sidewalk
vending receptacle when operating in the public street or right-of-way.
(f) To preserve accessibility to private and public facilities, a sidewalk vendor operating
on any public street or right-of-way must ensure that no obstruction is placed
impeding entry to and exit from a business or residence or access to a public facility.
(g) A sidewalk vendor shall not engage in the selling of alcohol, cannabis, tobacco
products, products that contain nicotine or any product used to smoke/vape nicotine
or cannabis, or adult-oriented material depicting, describing or relating to sexual
activities.
(h) A sidewalk vendor must carry a waste disposal bag or container to permit the
disposal of trash, food, or liquids.
(i) No sidewalk vending receptacle shall contain or use propane, natural gas, or other
explosive or hazardous materials. A sidewalk vendor may not use an open flame on
or within any sidewalk vending receptacle.
(j) 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.
(k) The City Administrator or designee may adopt administrative regulations imposing
additional requirements consistent with this article and all other applicable laws in
order to regulate the time, place, and manner of vending.
Section 12.10.050. Location-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 twenty-four (24) hours.
(b) Sidewalk vending, within 500 feet of residential uses, is limited to the hours of 9:00
a.m. through 5:00 p.m.
(c) Stationary sidewalk vendors are prohibited from operating within areas that are
zoned exclusively residential and adjacent to residential uses.
(d) A sidewalk vendor is prohibited from operating within five hundred (500) feet of any
area subject to a temporary use permit or a special event permit for the duration of
the temporary use or special event permit.
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(e) To limit traffic congestion and protect the safety of children traveling to and from and
in and around schools from potential adverse safety impacts due, in part, to sidewalk
congestion, no sidewalk vendor is permitted to operate within five hundred (500) feet
of a public or private school.
(f) To limit traffic congestion and protect the safety of transit riders from potential
adverse safety impacts due, in part to sidewalk congestion, no sidewalk vendor is
permitted to operate within five hundred feet of a transit stop.
Section 12.10.060. Violation-Penalty.
(a) Any violation for failure to obtain a permit as mandated by this article is punishable
by an administrative fine not to exceed:
1. A written warning for a first violation;
2. Two hundred fifty dollars ($250.00) for a second violation; or
3. Five hundred dollars ($500.00) for a third violation within one (1) year of the
second violation; or
4. One thousand dollars ($1,000.00) for each additional violation within one (1) year
of the second violation.
(b) Any violation of any other provision of this article is punishable by an administrative
fine not to exceed:
1. A written warning for a first violation;
2. One hundred dollars ($100.00) for a second violation; or
3. Two hundred dollars ($200.00) for a third violation within one (1) year of the
second violation; or
4. Five hundred dollars ($500.00) for each additional violation within one (1) year
of the second violation.
5. The Public Works Director may rescind a sidewalk vendor permit for the
remaining term of the permit upon a fourth or subsequent violation of this article.
(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 receptacle used for vending
purposes, in accordance with applicable law.
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(d) An administrative violation under this section 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 section.
Section 12.10.070. Ability-to-pay determination.
(a) Any fine issued under Section 12.10.050 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 one hundred twenty-five (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 Public
Works Director will limit the total amount of the requestor's administrative fine to
twenty percent (20%) of the total.
Section 12.10.080. Removal or disposal of seized property.
The City may dispose of the sidewalk vending receptacle (including any associated
merchandise, food, equipment, or objects) if not claimed within 30 days of removal by
City, or if an administrative appeal is filed related to the removal, then after the final
decision in the administrative appeal.
Section 12.10.090. Revocation of permit.
A sidewalk vending permit may be revoked pursuant to the revocation procedures,
as applicable, set forth in Section 5.04.320 of this Code.
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is repealed or modified to that extent necessary to affect the provisions of
this Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or
portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, paragraph, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared
invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to
be severable.
SECTION 9. The City Clerk shall certify the adoption and publish this Ordinance
as required by law.
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SECTION 10. This Ordinance shall become effective after the thirtieth day
following its adoption.
APPROVED AND ADOPTED this 15th day of February, 2022.
_____________________________
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
___________________________
ZAYNAH N. MOUSSA,
Interim City Attorney
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1276 was passed and adopted
by the City Council of the City of Vernon at the regular meeting on February 15, 2022 by
the following vote:
AYES: 5 Council Members: Larios, Lopez, Merlo, Davis, Ybarra
NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
City Council Agenda Item Report
Submitted by: Lisa Pope
Submitting Department: City Clerk
Meeting Date: February 15, 2022
SUBJECT
Regulations of Sidewalk Vending
Recommendation:
Waive full reading, conduct second reading and adopt Ordinance No. 1276 adding Chapter
12.10 - Sidewalk Vending to Title 12 - Streets, Sidewalks and Public Places of the Municipal
Code.
Background:
At the February 1, 2022 Regular City Council Meeting, the Council introduced and conducted
first reading of Ordinance No. 1276, which adds Chapter 12.10 - Sidewalk Vending to Title 12
- Streets, Sidewalks and Public Places to the Municipal Code.
The ordinance summary was posted on the City's website on February 2, 2022, and will be
published pursuant to legal requirements.
Staff requests the Council waive full reading of the ordinance, and conduct second reading
and adopt Ordinance No. 1276.
Fiscal Impact:
The ordinance summary will be published pursuant to legal requirements. Adequate funds are
available in the City Clerk Department Publication/Advertisement Account No. 011-1003-
550000.
Attachments:
1. Ordinance No. 1276
2. Introduction Summary Proof of Publication
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ORD ORDINANCE PUBLICATION
Ordinance 1276 - Introduction Summary
02/10/2022
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SUMMARY OF ORDINANCE No.1276
Ordinance No.1276 adds Chapter 12.10 –
Sidewalk Vending to Tittle 12 of the Vernon
Municipal Code setting forth operational
requirements for sidewalk vending within the City
to ensure compliance with state law and to
protect the health,safety,and welfare of the
public.
Ordinance No.1276 was introduced by the
Vernon City Council at a regular meeting on
February 1,2022.Second reading and adoption
of the ordinance are scheduled for the Regular
City Council meeting on February 15,2022,at
City Hall,4305 Santa Fe Avenue,Vernon,
California.The full text of Ordinance No.1276 is
on file in the City Clerk Department.
2/10/22
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