HomeMy WebLinkAboutOrdinances_2922ORDINANCE NO.2922
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 12.45
AND AMENDING CHAPTER 12.44 TO THE REDLANDS MUNICIPAL CODE
TO ESTABLISH REGULATIONS GOVERNING SIDEWALK VENDING
WHEREAS, the City of Redlands ("City") is a municipal corporation and general law city,
duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Article XI, section 7, of the California Constitution grants the City broad
discretionary power to "make and enforce within its limits all local police, sanitary, and other
ordinances and regulations not in conflict with general laws;" and
WHEREAS, in 2018, the California Legislature passed Senate Bill 946 (California
Government Code Section 51036, et seq.) ("SB 946"), which prohibits cities from regulating
sidewalk vendors, except in accordance with the provisions of SB 946; and
WHEREAS, SB 946 authorizes the implementation of regulations that are directly related
to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate
only in a designated neighborhood or area, except as specified; and
WHEREAS, the standards imposed on sidewalk vendors requiring a minimum path of
accessible travel are necessary to comply with the Americans with Disabilities Act ("ADA") and
maintain minimum safe access along public sidewalks; and
WHEREAS, the standards for maintaining access to building entrances, and not blocking
driveways, parking areas and building storefront exits and windows are necessary to guard the
health and safety of patrons, drivers, vendors and existing business owners and promote law
enforcement practices that allow the City's Police personnel to observe within buildings; and
WHEREAS, the City Council of the City of Redlands ("City Council") finds and
determines that the installation, repair, maintenance, and removal of encroachments in the public
way must be regulated in order to protect the public health, safety and welfare and to provide for
the orderly administration and maintenance of the public way for the benefit of the community,
while at the same time allowing reasonable accommodation and cooperative flexibility for
providing necessary utility and other convenience services to the community; and
WHEREAS, the City Council finds that public and private persons who install
encroachments in the public rights -of -way bear a responsibility to help preserve the public rights -
of -way and to contribute to the administrative costs incurred by the community because of such
encroachments; and
WHEREAS, this City Council further finds that, unless properly regulated, sidewalk
vending poses a unique risk to the health, safety, and welfare of the public, including, but not
limited to, impacts to pedestrian and vehicular traffic, pedestrian safety and mobility, ADA
accessibility to public sidewalk and rights -of-way, unsanitary conditions involving food
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preparation and disposal which may harm consumers and adversely impact the local environment,
pose risks to children, and adversely impacts consumer protection; and
WHEREAS, the City Council finds that vendors have disposed of food byproducts such as
oil, grease, and other contaminants into the City's storm drains in violation of State and Local laws
and additional regulations on vending activities are necessary to protect the City's storm drains
and storm water from hazardous environmental contaminants; and
WHEREAS, imposing a distance requirement for sidewalk vending activities from popular
local tourist attractions; city -sponsored and co -sponsored events and Certified Farmers' Market
events; schools; the Redlands Municipal Airport; the Redlands Sports Park, and other sports
venues on event days; will alleviate pedestrian, tourist, and vendor safety concerns of
overcrowding on sidewalks, and pedestrians walking in the street and along the sidewalk to keep
moving forward; and
WHEREAS, these venues also experience a high amount of traffic, affecting the safety of
pedestrians and motorists and the accessibility needs of persons with disabilities, due to a high
concentration of visitors at one time; and
WHEREAS, imposing distance requirements for sidewalk vending activities near sensitive
uses such as schools, churches, public utilities and at bus and train stops where riders embark and
disembark are necessary to protect the public health, safety, and welfare; and
WHEREAS, the inherent nature of sidewalk vending and the ability of such vendors to be
located on private property and public streets and move quickly from place to place in the
community, including near parks, schools, and other places frequented by children, warrants
imposing certain regulatory measures to protect the health, safety, and welfare of the community
and local environment; and
WHEREAS, vending in a manner that creates a public nuisance or constitutes a danger to
the public constitutes an objective harm to the health, safety, and welfare of the City's residents
and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES
ORDAIN AS FOLLOWS:
Section 1. Chapter 12.45, titled "Sidewalk Vending," is hereby added to the Redlands
Municipal Code to read as follows:
"12.45 SIDEWALK VENDING
SECTIONS:
12.45.010 Purpose
12.45.020 Definitions
12.45.030 Stationary Sidewalk Vending Locations and Standards
12.45.040 Standards for Sidewalk Vending in Parks
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12.45.050 Standards for Roaming Sidewalk Vending
12.45.060 Administrative Fines
12.45.010 PURPOSE: The City finds that the vending of prepared or pre -packaged foods, goods,
and/or wares at semi -permanent locations on public sidewalks and rights -of -way may pose unsafe
conditions and special dangers to the public health, safety, and welfare of residents and visitors
and the local environment. The purpose of this Chapter is to implement regulations on both
roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the
community and the local environment while complying with the requirements of general state law,
as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health
hazards, and preserve the public peace, safety, and welfare of the community and the local
environment.
12.45.020 DEFINITIONS: For purposes of this Chapter, the following words shall have the
meanings ascribed to them:
A. "Certified Famers' 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.
B. "City" means the City of Redlands.
C. "Park" means a public park owned by the City.
D. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to
place and stops only to complete a transaction.
E. "Sidewalk vendor or vending" means a person who sells, offers to sell, operates, engages in,
or carries on a food or merchandise vending business 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.
F. "Stationary sidewalk vendor or vending" means a sidewalk vendor who engages in sidewalk
vending from a fixed location.
G. "City Event Permit" means a permit issued by the City for temporary uses (i.e. special event
permits, temporary use permits, film permits, or park reservations).
H. "Event Day" means the calendar day of any concert, trade show, conference, sporting event,
or any other event potentially attracting large numbers of persons and vehicles to the venue.
I. "Solicitor" or "canvasser" shall mean any individual, whether a resident of the City or not,
using telephone service or other communication, or traveling by foot, wagon, automobile,
motor truck, or any other type of conveyance from place to place, from house to house, or from
street to street taking, or attempting to take, orders for the sale of goods, wares, merchandise,
or personal property of any nature whatsoever for future delivery, or for services to be
furnished or performed in the future, whether or not such individual has, carries, or exposes
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for sale a sample of the subject of such sale or whether the individual is collecting advance
payments on such sales or not.
1. "Solicitor" or "canvasser" shall include any person who, for such person, or for another
person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent,
vehicle, hotel room, lodging house, apartment, shop, or any other place in the City for the
sole purpose of exhibiting samples and taking orders for future delivery.
2. Such definition shall not include solicitors or canvassers taking orders or displaying
merchandise exclusively from a public sidewalk or public pedestrian path in compliance
with Chapter 5.60 of this Code.
12.45.030 STATIONARY SIDEWALK VENDING LOCATIONS AND STANDARDS:
A. Stationery sidewalk vendors are prohibited from operating in the City unless they have
obtained a valid business license. As part of the application for a business license, the stationary
sidewalk vendor shall submit proof of general liability insurance naming the City of Redlands
as an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is
preparing and/or selling food, a copy of a current San Bernardino County Department of
Environmental Health Services permit issued to the vendor. The permits and proof of
insurance shall be posted for public view during vending activities.
B. Stationary sidewalk vendors are prohibited from operating or establishing in any residential
zone of the City.
C. Stationary sidewalk vendors may operate in non-residential zones of the City, including mixed
use zones, 7:00 a.m. to 2:00 a.m. Monday through Sunday provided they meet the following:
1. The sidewalk vendor can setup vending operations while still leaving a minimum of thirty-
six inches (36") of accessible path of travel, without obstruction, along the public sidewalk
or public pathway; and
2. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition;
and
3. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces or
building windows; and
4. No vending shall occur within fifteen (15) feet of a fire hydrant, fire escape, loading zone,
handicapped parking space or access ramp, fire station driveway, or police station
driveway; and
5. In order to achieve the minimum accessible path of travel set forth in subsection C.1, only
one (1) table, two (2) chairs and one (1) umbrella shall be permitted in conjunction with the
vendor's vending activities. No fences, shade structures, other site furniture, or any
freestanding signs are permitted; and
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6. The vendor shall not attach or use any water lines, electrical lines, gas lines or power
generators during vending operations; and
7. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise
associated with the vendor is prohibited; and
8. No vending shall occur within two hundred (200) feet of any City -sponsored or co-
sponsored events, the Certified Farmers' Market, construction -related street or lane closure,
filming location, the Redlands Municipal Airport, Event Day, or an event held pursuant to
a City Event Permit; and
No vending shall occur within a comer cutoff area. A corner cutoff area is that area at all
intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal
plane, making an angle of 45 degrees with the side, front, or rear property line, as the case
may be. It shall pass through the points located on both sides and front or rear property
lines at a distance of thirty (30) feet from the intersection of such lines at the comer of a
street or highway; and
10. No vending shall occur within one hundred (100) feet of the property line of any school;
any postsecondary educational facility attended by secondary pupils; or any private
kindergarten, elementary, or secondary school facility; and
11. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking
meters, or above -ground utility structures; and
12. No vending shall occur within three (3) feet of any existing subsurface utility box, valve,
or vault; and
13. No vending shall occur within thirty (30) feet of another vendor; and
14. No vending shall occur within three (3) feet of bus stop locations, red curbs, or at locations
where there are existing above -ground amenities such as newsstands or street furniture,
including but not limited to benches and bike racks; and
15. No vending shall occur within 50 feet from the centerline of a rail line.
16. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking
lots, alleys, or bikeways; and
17. No vending shall occur within thirty (30) feet of the entrance way to any building, store,
theater, movie house, house of worship, or place of public assembly; and
18. Open burning or open flame devices are not permitted to be utilized.
12.45.040 STANDARDS FOR SIDEWALK VENDING IN PARKS:
A. Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited
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in any City Park with a concession stand operated by a vendor under exclusive contract with
the City selling similar food or merchandise.
B. Sidewalk vendors may operate in Parks provided they meet the following:
For stationary sidewalk vending, the sidewalk vendor can set up vending operations while
still leaving a minimum of thirty-six inches (36") of accessible path of travel, without
obstruction, along the public sidewalk or public pathway; and
2 The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and
3. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition;
and
4. The sidewalk vendor location does not block entrances to buildings, driveways, parking
spaces, or building windows; and
5. No vending shall occur within five hundred (500) feet of an Event Day or event held
pursuant to a City Event Permit; and
6. No vending shall occur within a comer cutoff area. A comer cutoff area is that area at all
intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal
plane, making an angle of 45 degrees with the side, front, or rear property line, as the case
may be. It shall pass through the points located on both sides and front or rear property
lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a
street or highway; and
7. The sidewalk vendor does not cause an undue concentration of commercial activity that
unreasonably interferes with the scenic and natural character of the park or the public's use
and enjoyment of natural resources, including the accessibility of such natural resources
by persons with disabilities, and recreational opportunities or regulations directly related
to objective health, safety or wellness concerns; and
8. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking
lots, alleys, or bikeways; and
9. Open burning or open flame devices are not permitted to be utilized.
12.45.50. STANDARDS FOR ROAMING SIDEWALK VENDING:
Roaming sidewalk vendors shall meet the following:
1. Roaming sidewalk vendors are prohibited from operating in the City unless they have
obtained a valid business license. As part of the application for a business license, the
roaming sidewalk vendor shall submit proof of general liability insurance naming the City as
an additional insured in the amount of one million dollars ($1,000,000) and, if the vendor is
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preparing and/or selling food, a copy of a current San Bernardino County Department of
Environmental Health Services pen -nit issued to the vendor. The permits and proof of
insurance shall be available for inspection during vending activities upon request; and
2 Sidewalk vending hours for residential zones shall be conducted from sunrise to sunset
Sunday through Saturday; and
3. The sidewalk vendors shall maintain their temporary vending area in a clean, orderly, and
sanitary condition; and
4. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or
building windows; and
5. The sidewalk vendor does not conduct sales from a public street; and
6. No vending shall occur within a comer cutoff area. A corner cutoff area is that area at all
intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal
plane, making an angle of 45 degrees with the side, front, or rear property line, as the case
may be. It shall pass through the points located on both sides and front or rear property lines
at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or
highway; and
7. No vending shall occur within two hundred (200) feet of a city -sponsored or co -sponsored
event, the Certified Farmers' Market, construction -related street or lane closure, filming
location, the Redlands Municipal Airport, an Event Day or an event held pursuant to a City
Event Permit; andNo vending shall occur within one hundred (100) feet from the property line
of any school; any postsecondary educational facility attended by secondary pupils; or any
private kindergarten, elementary, or secondary school facility; and
8. No vending shall occur within three (3) feet of any street lights, edges of tree wells, parking
meters, or above -ground utility structures; and
9. No vending shall occur within three (3) feet of any existing subsurface utility box, valve, or
vault; and
10. No vending shall occur within thirty (30) feet of another vendor; and
11. No vending shall occur within three (3) feet of bus stop locations, red curbs, or at locations
where there are existing above -ground amenities such as newsstands or street furniture,
including but not limited to benches and bike racks; and
12 No vending shall occur within 50 feet from the centerline of a rail line; and
13. No vending shall occur in public streets, roadways, medians, pedestrian islands, parking lots,
alleys, or bikeways; and
14. No vending shall occur within thirty (30) feet of the entrance way to any building, store,
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theater, movie house, house of worship, or place of public assembly; and
12.45.60 ADMINISTRATIVE FINES:
A. It is unlawful for any person to violate any provision, or fail to comply with any
requirements, of this Chapter. A violation of this Chapter shall by punished by:
1. A Notice of Violation shall be issued for a first violation.
2. An administrative fine not exceeding fifty dollars ($50) for a second violation within
one (1) year of the first violation.
3. An administrative fine not exceeding one hundred dollars ($100) for a third violation
within one (1) year of the first violation.
4. An administrative fine not exceeding five hundred dollars ($500) for each additional
violation within one (1) year of the first violation.
B. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and
any person alleged to have violated any provisions of this Chapter shall not be subject to
arrest except when otherwise permitted under law.
C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take
into consideration the person's ability to pay the fine. The City shall provide the person with
notice of his or her right to request an ability -to -pay determination and shall make available
instructions or othermaterials for requesting an ability -to -pay determination. The person may
request an ability -to -pay determination at adjudication or while the judgment remains
unpaid, including when a case is delinquent or has been referred to a comprehensive
collection program.
1. If the person meets the criteria described in subdivision (a) or (b) of Government Code
section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of the
administrative fine imposed pursuant to this Chapter.
2. The City 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.
D. A sidewalk vendor that is preparing and/or selling food without a valid San Bernardino
County Department of Environmental Health Services permit may have their food discarded
when it is determined by the City's enforcement officer that there is an immediate threat to
the public health and safety.
E. Nothing contained herein shall be construed to impede the City's or the County's ability to
enforce San Bernardino County Health Department codes and regulations."
Section 2. Section 12.44.050, titled "Solicitation Prohibited" is hereby amended as follows:
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"Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct or
solicit for any occupation, business, or profession in any city park or building, or sell or offer for
sale any merchandise, article, or anything whatsoever, unless such person is acting pursuant to a
contract with the city, or pursuant to a permit granted by the director or approved by the city
council."
Section 3. Section 12.44.240, titled "Commercial Activity Prohibited" is hereby amended
as follows:
"Except as provided in Chapter 12.45 of this Code, no person shall practice, carry on, conduct, or
solicit for any trade, occupation, business or profession except upon application to and as may be
permitted by the director; provided, however, in the director's discretion, the director may forward
any such application to the city council for consideration. In the event the director or city council
determines that commercial activity may be permitted, a concessionaire fee may be imposed as a
condition of the issuance of such permit."
Section 4. Severability. If any section, sentence, clause or phrase of this ordinance or the
application thereof to any entity, person or circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provisions or
application, and to this end the provisions of this ordinance are severable. The City Council of the
City of Redlands hereby declares that it would have adopted this ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5. This ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to the State CEQA Guidelines, as it is not a "project" and has no
potential to result in a direct or reasonably foreseeable indirect physical change to the environment.
14 Cal. Code Regs. § 15378(a). Further, this ordinance is exempt from CEQA as there is no
possibility that this Ordinance or its implementation would have a significant negative effect on
the environment. 14 Cal. Code Regs. § 15061(b)(3). The City Clerk shall cause a Notice of
Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
Section 6. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in a
newspaper of general circulation within the City and thereafter this ordinance shall take effect as
provided by law.
C
ATTEST:'Eddie Tejeda, Mayor
e nne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
ordinance was duly adopted by the City Council at a regular meeting thereof held on the 20th day
of June, 2023, by the following vote:
AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda
NOES: None
ABSENT: None
ABSTAINED: None
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e e Donaldson, City Clerk
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