ORD 2191 - Laserfiche WebLink

6.38.040 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 24 hours. B. Sidewalk vending is limited to the hours of 9:00 a.m. through 5:00 p.m. for areas that are exclusively residential. C. Stationary sidewalk vendors are prohibited from operating in areas that are exclusively residential. D. A stationary sidewalk vendor is prohibited from operating in a City park if the City has entered into exclusive agreements for the sale of food or merchandise by one or more concessionaires for that City Park. E. A sidewalk vendor is prohibited from operating within five hundred (500) feet of: (1) a school; (2) a permitted certified farmers' market; (3) a permitted swap meet; or (4) any area subject to a parade permit or special event street closure permit issued pursuant to chapter 11.64 (Parades) of this code or a temporary use permit issued pursuant to section 18.124.170 of this code. 6.38.050 Violation—Penalty. A. Every person vending without a sidewalk vending permit, or violating any other provision of this chapter, is subject to an administrative citation pursuant to chapter 1.24 (Administrative Citations) of this code. B. The Chief of Police may rescind a sidewalk vendor permit for the remaining term of the permit upon a fourth or subsequent violation of this chapter. 6.38.060 Ability-to-Pay Determination. A. Any administrative citation issued under section 6.38.050 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 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 Police Chief will limit the total amount of the requestor's administrative citation to 20 percent of the total and may: 1. Allow the person to complete community service in lieu of paying the total administrative fine; or 2. Waive the administrative citation; or 3. Offer an alternative disposition. SECTION 2. Section 6.36.010 of Chapter 6.36 of Title 6 of the Pleasanton Municipal Code is amended to read as follows: 6.36.010 Purpose and Applicability. A. The City Council declares that this chapter is adopted to achieve the primary purpose of regulating the activities of peddlers, solicitors, hawkers, itinerant merchants, and certain businesses of the order, to promote the health, safety and welfare of the inhabitants of the City and not for the purpose of raising revenue. The City Council, therefore, declares that the provisions of this chapter be interpreted in order to accomplish the above enumerated purposes. B. This chapter shall not apply to sidewalk vendors as defined in section 6.38.010 of this code. SECTION 3. Section 11.64.120 of Chapter 11.64 of Title 11 of the Pleasanton Municipal Code is repealed.