5.80.090 Operating Requirements.

        Sidewalk vendors shall comply with the following:

        A.     No sidewalk vendor shall vend in the following locations:

        1.     Within 15 feet of any street intersection;

        2.     Within 10 feet of any fire hydrant, fire call box, or other emergency facility;

        3.     Within 10 feet of any driveway or driveway apron;

        4.     Upon or within any roadway, median strip, or dividing section;

        5.     Within 500 feet of a permitted certified farmers’ market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers’ market or swap meet, or the limited duration of the temporary special permit;

        6.     In any city parking lot;

        7.     On private property without the consent of the property owner.

        B.     No sidewalk vendor shall vend to customers in moving operating vehicles, or in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than 3 feet on all sidewalks, piers, or other pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices;

        C.    Sidewalk vending only is permitted between the hours of 8:00 a.m. and 10:00 p.m., daily, except as follows:

        1.     In residential areas, roaming sidewalk vending only shall be permitted between the hours of 10:00 a.m. and 5:00 p.m.

        2.     In nonresidential areas, the limit on hours of vending shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

        3.     In city parks, including the city’s public beach and pier area, sidewalk vending shall be permitted only during hours open to the public.

        4.     On the city’s public beach and pier, sidewalk vending shall not be conducted in a manner or location that interferes with the public’s and other licensees’ use of the beach and pier for recreational purposes, including, without limitation, fishing, swimming, bathing and the mooring of boats. Vendors shall not deposit or dump anything into the water or onto the beach. No vendor on the pier shall use, or block the public’s access to, sinks or drains. To protect the public health and safety, vendors shall not establish a fixed location on the sand, and shall not locate on the pier other than against the railing.

        D.    Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

        E.     Stationary sidewalk vendors shall not vend at any park, including the city’s public beach and pier area, where the city has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

        F.     Sidewalk vendors shall provide a trash receptacle for customers and shall ensure proper disposal of customer trash. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor’s customers within a 15-foot radius of the vending location.

        G.    Vendors of food or food products shall possess and display in plain view on the vending cart, a valid food facility health permit from Orange County Environmental Health.

        H.    Sidewalk vendors shall possess at all times while vending, a valid permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency.

        I.      Sidewalk vendors shall possess at all times while vending, current liability insurance.

        J.     Sidewalk vendors shall comply with all applicable state and local laws, including, without limitation, state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

        K.     No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property. No vending cart or goods shall be stored on any public street, sidewalk or any other public property when not in use for vending. (Ord. 1675)