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HomeMy WebLinkAbout091520-05.5ADMINISTRATIVE STAFF REPORT 5.5 TO: Mayor and Town Council September 15, 2020 SUBJECT: Ordinance No. 2020-03, adding a new Chapter 5-9 to the Danville Municipal Code regulating sidewalk vendors BACKGROUND AND DISCUSSION On September 1, 2020, the Town Council considered introduction of an ordinance which would add a new chapter to the Danville Municipal Code regulating sidewalk vendors, consistent with the provisions of SB 946. After conducting a public hearing, the Town Council unanimously introduced the ordinance with the following modifications: • adding the plazas at Oak Hill Community Park and the corner of Railroad and Linda Mesa Avenues to the list of prohibited locations for vending under Section 5-9.6.q; • adding a new section 5-9.6.t, clarifying that vending is prohibited adjacent to bike lanes if there is no legal parking within 200 feet; • amending Section 5-9.7.b clarifying that vending in parks must be at least 10 feet away from public art installations, public information kiosks and fountains and must maintain ADA accessibility standards, matching those standards as applied to public sidewalks; amending Section 5-9.8.1 clarifying that oizv roaming sidewalk vendors are permitted in residential areas. The ordinance is now before the Council for adoption. PUBLIC CONTACT Posting of the meeting agenda serves as notice to the general public. FISCAL IMPACT None. RECOMMENDATION Adopt Ordinance No. 2020-03, adding a new Chapter 5-9 to the Danville Municipal Code regulating sidewalk vendors. Prepared and Reviewed by: . Robert B. Ewing City Attorney Attachment: Ordinance No. 2020-03 Ordinance No. 2020-03 2 September 15, 2020 Sidewalk Vending DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11 CDCBOD51 D5 ORDINANCE NO. 2020-03 ADDING A NEW CHAPTER 5-9 TO THE DANVILLE MUNICIPAL CODE REGULATING SIDEWALK VENDORS The Danville Town Council does ordain as follows: SECTION 1. ADDING A NEW CHAPTER 5-9 TO THE DANVILLE MUNICIPAL rnr)F A new Chapter 5-9 is hereby added to the Danville Municipal Code to read as follows: 5-9 SIDEWALK VENDORS 5-9.1 Purpose and Intent The purpose of this chapter is to establish regulations for sidewalk vendors that are consistent with the provisions of SB 946 and directly address health, safety and welfare concerns that arise from the use of public sidewalks and parks for vending. These concerns include preservation of sidewalk access in a manner consistent with the Americans with Disabilities Act; safety for pedestrians, cyclists and motorists; and, health and sanitary conditions. The Town Council finds that the regulations contained in this Chapter are based on objective standards necessary to address these concerns present in the Town of Danville. 5-9.2 Definitions a. Certified Farriers Market means a farmers market operating in accord with California Food and Agricultural Code 47004 et seq. in a location approved by the Town of Danville. b. Concessionaire means the holder of an exclusive agreement with the Town for the sale of food or merchandise in a Town -owned park. C. Park means all public park and recreation facilities listed in Figure 20 of the Town of Danville 2030 General Plan. d. Recreational trails means publicly owned and maintained used exclusively by pedestrians, cyclists or equestrians. e. Roaming sidezi7alk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction. DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 f. Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. g. Sidewalk vending receptacle or sidewalk vendor receptacle means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other non -motorized conveyance used for sidewalk vending activities. h. Sidezalk vendor means a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. i. Special event means an event sponsored or approved by the Town involving the exclusive use of a Town street or property, including, but not limited to, festivals, holiday celebrations, art fairs or athletic events. Stationary Sidewalk Vendor. A sidewalk vendor who vends from a fixed location. 5-9.3 Sidewalk Vending Permit Required It shall be unlawful for any person to operate as a sidewalk vendor in the Town without first obtaining a sidewalk vending permit. The sidewalk vending permit shall be included as part of the Town business license otherwise required by this Code. 5-9.4 Permit Application Procedure. a. A person who is required to obtain a sidewalk vending permit pursuant to this Chapter shall submit an application signed by the person with authority to act on behalf of the applicant. All applications shall be submitted on a form supplied by the Town and shall include the permit processing fee established by the Town Council as part of the Town's Master Fee Schedule. The application shall contain the following information: 1. The name, address and telephone number of the business owner and manager and any individuals who will be employed as sidewalk vendors under the permit; 2. Individual identification information for the permittee. Acceptable identification includes, but is not limited to, a driver's license number, California identification card number, an individual taxpayer identification number, or similar identification; PAGE 2 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 3. A description of the food and/or merchandise to be sold; a description of the areas in which the sidewalk vendor intends to operate; information regarding the dimensions of the vending cart; and whether the individual vendors will be roaming or stationary; 4. The permittee's valid California seller's permit number, if applicable, and a current Town business license; 5. If the vendor is selling food of any kind, proof of a current Mobile Food Facility permit issued by the Contra Costa County Health Services Department; and 6. An agreement to indemnify the Town, its officers and employees, from any liability arising from use of the permit on Town property and proof of liability insurance, in an amount determined by the Town's Risk Manager. b. The sidewalk vending permit shall be issued by the Town upon a finding that the application contains all required information. C. A sidewalk vending permit shall be good for one calendar year. 5-9.5 Permit Revocation a. A validly issued permit may be revoked for any of the following reasons: 1. The permittee provided false information on their application; 2. The permittee has failed to comply with the requirements of this Chapter on four (4) separate days in a twelve (12) month period; or 3. The permittee has conducted their business in a matter which endangers the public health or safety. b. Revocation of a sidewalk vendor permit shall be served in writing no less than thirty (30) days before the effective date of the revocation to the address listed on the initial application or to any subsequent address provided to the Town by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the Town Manager or designee by filing a written notice of appeal within ten (10) calendar days after receipt of the notice of denial or revocation. The Town Manager or designee shall review and render a decision on the appeal within ninety (90) calendar days. The decision made by the Town Manager or designee shall be final. PAGE 3 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 5-9.6 Prohibited Locations for Sidewalk Vending In order to protect pedestrian and vehicular safety and accommodate public street access, including parking and traffic, sidewalk vending shall be prohibited in the following locations: a. On any sidewalk where the vendor does not leave at least four (4) feet of unobstructed sidewalk. b. On any sidewalk where there are no legal parking spaces within two hundred (200) feet. C. Within twenty-five (25) feet of any crosswalk or intersection. d. In any area that blocks or obstructs visibility of traffic signals or regulatory signs. e. In any driveway or parking lot access. f. Within twenty-five (25) feet of any fire hydrant, fire call box, or utility cabinets or equipment. g. Within fifty (50) feet of driveway entrance or exit to the Town's Police Department offices or any fire station. h. Within fifty (50) feet of any area, structure or facility on which construction is occurring pursuant to a valid building or encroachment permit. i. Within ten (10) feet of a litter receptacle, public art installation or bike rack. Within fifty (50) feet of a bus turnout, bus bench or shelter. k. Within fifty (50) feet from an outdoor dining area for a restaurant during the operating hours of the restaurant. 1. Within ten (10) feet from the entrance or exit doorway to any building or an automated teller machine. M. Within five hundred (500) feet of any public or private school grounds prior to 4:00 p.m. on any day when the school is in session. n. Within fifty (50) feet of another sidewalk vendor. o. On any median strip or landscaped area. PAGE 4 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 P. On any recreational trail within the Town. q. On the plaza areas outside of the Veterans' Memorial Building/ Senior Center, the Danville Library and Community Center, the Oak Hill Park Community Center and the fountain plaza at the corner of Railroad and Linda Mesa Avenues. r. Within two hundred (200) feet of the perimeter of any Certified Farmers' Market or Special Event, during the hours when any such event is permitted. Stationary sidewalk vendors may not operate within any area zoned exclusively residential. t. Immediately adjoining a bike lane when there is no other legal parking within 200 feet. 5-9.7 Sidewalk Vending in Parks a. A stationary sidewalk vendor is prohibited from operating in a Town park if the Town has entered into an exclusive agreement for the sale of food or merchandise by one (1) or more concessionaires for that park. b. Except as provided in subsection (a) above, vending within Town parks is allowed only upon or alongside sidewalks or other paved or marked pedestrian pathways. Outside of these aforementioned areas, vending shall not take place on sand, dirt, grass, parking lots, or on any space which would obstruct, damage, or otherwise adversely affect the public's use and enjoyment of natural resources and recreational opportunities or contribute to an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. In addition, vending within Town parks shall not be allowed where it would reduce sidewalk access below ADA minimums; within 10 feet of a public art installation, public information kiosk or fountain. 5-9.8 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. PAGE 5 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 b. The sidewalk vendor permit and County Health permit, for any food vendor, shall be displayed conspicuously at all times on the sidewalk vending receptacle or the sidewalk vendor's person. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended for any reason. d. Sidewalk vending receptacles shall not be stored on public property and shall be removed from Town property when not in active use by a sidewalk vendor. e. Sidewalk vending receptacles and any attachments thereto shall not exceed a total height of four (4) feet, a total width of three (3) feet, and a total length of four (4) feet. Sidewalk vendors shall not use any electrical, flashing, or animated signs. Any sign shall not exceed three (3) square feet and shall be attached flush to the sidewalk vending receptacle. g. No sidewalk vending receptacle shall contain or use propane, natural gas, or other explosive or hazardous materials. h. If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities. i. 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. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation. k. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that is discharged on public property. Failure to comply will result in the Town taking appropriate action to clean the discharge at the vendor's expense and suspending the sidewalk vendors permit until such time as the expense associated with cleanup has been reimbursed to the Town. 1. In residential areas, roaming sidewalk vendors may operate between the hours of 9:00 am and 6:00 pm. In commercial areas, sidewalk vendors may operate between 8:00 am and 10:00 pm. In Town parks, sidewalk vendors may operate during daylight hours. PAGE 6 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-11CDCBOD51D5 M. In parks, sidewalk vendors shall not approach persons to sell food or merchandise. 5-9.9 Violations -Penalty a. Every person vending without a sidewalk vending permit is guilty of an administrative violation punishable by an administrative fine not to exceed: 1. Two hundred fifty dollars ($250.00) for a first violation; or 2. Five hundred dollars ($500.00) for a second violation within one (1) year of the first violation; or 3. One thousand dollars ($1,000.00) for each additional violation within one (1) year of the first violation. 4. Upon proof of a valid permit subsequently issued by the Town, the administrative fine in this subsection (a) will be reduced to the corresponding administrative fine in subsection (b) of this section. b. Every person violating any other provision of this chapter is guilty of an administrative violation punishable by an administrative fine not to exceed: 1. One hundred dollars ($100.00) for a first violation; or 2. Two hundred dollars ($200.00) for a second violation within one (1) year of the first violation; or 3. Five hundred dollars ($500.00) for each additional violation within one (1) year of the first violation. 4. The Director may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter. C. Failure to pay an administrative fine is not punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized will not be assessed. d. An administrative violation constitutes a separate and distinct violation for each day that it exists and each such violation may be subject to the maximum fine permitted under this chapter. e. Any administrative fine issued pursuant to this section shall be accompanied with a notice of and instruction regarding the right to request a determination on the PAGE 7 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-1 1 CDCBOD51 D5 ability to pay and instructions regarding how to do so. If the requestor meets the criteria described in Government Code Section 68632(a) or (b), the Town shall accept, in full satisfaction, twenty percent (20%) of the otherwise applicable fine. SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a summary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. The foregoing Ordinance was introduced on September 1, 2020 and approved and adopted by the Danville Town Council at a regular meeting held on September 15, 2020, by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR APPROVED AS TO FORM: ATTEST: DocuSigned by: C $. ew� 895C6C40ADBF4BF_. CITY ATTORNEY CITY CLERK PAGE 8 OF ORDINANCE NO. 2020-03 DocuSign Envelope ID: 20766234-A9F2-4370-B2FF-1 1 CDCBOD51 D5 CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2020-03 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 9 OF ORDINANCE NO. 2020-03