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A. Sidewalk vending hours' limitations in areas zoned for nonresidential use will be <br /> as restrictive as any limitations on hours of operation imposed on other businesses or uses on <br /> the same street, excluding those permitted to operate 24 hours. <br /> B. Sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas <br /> that are exclusively residential. <br /> C. Stationary sidewalk vendors are prohibited from operating in areas that are <br /> exclusively residential. <br /> D. A stationary sidewalk vendor is prohibited from operating in a City park if the City <br /> has entered into exclusive agreements for the sale of food or merchandise by one or more <br /> concessionaires for that City Park. <br /> E. A sidewalk vendor is prohibited from operating within five hundred (500) feet of: <br /> (1) a school; (2) a permitted certified farmers' market; (3) a permitted swap meet; or (4) any area <br /> subject to a parade permit or special event street closure permit issued pursuant to chapter 11.64 <br /> (Parades) of this code or a temporary use permit issued pursuant to section 18.124.170 of this <br /> code. <br /> 6.38.050 Violation—Penalty. <br /> A. Every person vending without a sidewalk vending permit, or violating any other <br /> provision of this chapter, is subject to an administrative citation pursuant to chapter 1.24 <br /> (Administrative Citations) of this code. <br /> B. The Chief of Police may rescind a sidewalk vendor permit for the remaining term <br /> of the permit upon a fourth or subsequent violation of this chapter. <br /> 6.38.060 Ability-to-Pay Determination. <br /> A. Any administrative citation issued under section 6.38.050 will be accompanied with <br /> a notice of and instruction regarding the right to request an ability-to- pay determination. <br /> B. If the requestor is receiving public benefits under Government Code section 68632, <br /> subdivision (a), or has a monthly income which is 125 percent or less than the current poverty <br /> guidelines updated periodically in the Federal Register by the United States Department of Health <br /> and Human Services, the Police Chief will limit the total amount of the requestor's administrative <br /> citation to 20 percent of the total and may: <br /> 1. Allow the person to complete community service in lieu of paying the total <br /> administrative fine; or <br /> 2. Waive the administrative citation; or <br /> 3. Offer an alternative disposition. <br /> SECTION 2. Section 6.36.010 of Chapter 6.36 of Title 6 of the Pleasanton Municipal Code is <br /> amended to read as follows: <br /> 6.36.010 Purpose and Applicability. <br /> A. The City Council declares that this chapter is adopted to achieve the primary <br /> purpose of regulating the activities of peddlers, solicitors, hawkers, itinerant merchants, and <br /> certain businesses of the order, to promote the health, safety and welfare of the inhabitants of the <br /> City and not for the purpose of raising revenue. The City Council, therefore, declares that the <br /> provisions of this chapter be interpreted in order to accomplish the above enumerated purposes. <br /> B. This chapter shall not apply to sidewalk vendors as defined in section 6.38.010 of <br /> this code. <br /> SECTION 3. Section 11.64.120 of Chapter 11.64 of Title 11 of the Pleasanton Municipal Code <br /> is repealed. <br /> SECTION 4. Section 13.08.090 of Chapter 13.08 of Title 13 of the Pleasanton Municipal Code <br /> is amended to read as follows: <br />