HomeMy WebLinkAbout1266 - Sidewalk Vending
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ORDINANCE NO.X1266
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW CHAPTER 9 TO
DIVISION 2 OF THE CITY CODE TO REGULATE SIDEWALK VENDING ON PUBLIC PROPERTY
AND IN THE PUBLIC RIGHT OF WAY.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. The City of Ukiah recognizes vending as a legitimate source of economic mobility. This
Ordinance aims to reduce unnecessary barriers for small vendors, support low cost business entry,
and create pathways for individuals to earn income in a regulated, orderly environment.
2. Unregulated sidewalk vending has the potential to create obstructions in the public right-of-
way, endanger pedestrians, and impede access for emergency services, necessitating additional
municipal oversight and enforcement.
3. Sidewalk vending involving food sales can introduce health and sanitation risks if not properly
regulated. Requiring appropriate health permits and on-site trash disposal ensures the cleanliness
and safety of public spaces.
4. Maintaining minimum clear path widths on sidewalks is essential for compliance with the
Americans with Disabilities Act (ADA) and ensures that all individuals, including those with mobility
challenges, have safe access to public walkways.
5. Restricting sidewalk vending in residential zones and near sensitive uses such as schools and
emergency infrastructure protects the character and function of these areas.
6. The Ordinance preserves fair and equitable access to public space, ensuring that vending
activities do not conflict with permitted events, farmers markets, or parades.
7. The City of Ukiah recognizes vending as a legitimate source of economic mobility. This
Ordinance aims to reduce unnecessary barriers for small vendors, support low cost business entry,
and create pathways for individuals to earn income in a regulated, orderly environment.
SECTION TWO.
Chapter 9 is hereby added to Division 2 of the Ukiah City Code and shall read as follows:
CHAPTER 9 SIDEWALK VENDING
§ 2750 PURPOSE AND INTENT
The purpose of this Chapter is to set forth specific regulations to govern the vending of various goods
from locations which are not permanent and that are temporarily located in the public right of way. In
addition, this Chapter is intended to protect against unsafe conditions and health, safety, or welfare
concerns of the community that result from the operation of sidewalk vendors on public sidewalks or
a pedestrian path, consistent with the provisions of Government Code §§ 51036—51039. The
requirements set forth in this Chapter are intended to protect the public's health, safety, and welfare
by ensuring that vendors on public property provide safe and sanitary conditions for consumers and
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the general public, are adequately insured, and are properly licensed or permitted with the City and
licensed with other agencies. If properly regulated, sidewalk vending can foster vibrant public spaces,
promote a diverse and inclusive local economy, and create economic opportunities.
Nothing in the Chapter shall be construed to limit the City's ability to enforce, or remedies for
enforcing, laws of general applicability or other provisions of this Code against sidewalk vendors, or
to take any other enforcement actions against sidewalk vendors that are not prohibited by state or
federal law, or which are allowed by this Code.
The provisions of this Chapter are not intended to apply to the permitting process and regulations for
food vendors permitted at special events in the City.
§ 2751 DEFINITIONS
A. Any words or phrases not defined within this Chapter shall be defined as set forth in current
dictionaries. If no dictionary defines a particular term, the City Community Development Director shall
have the authority to define the term or equate it to a defined term that is similar in nature.
B. For purposes of this Chapter, the words and phrases set out herein shall have the following
meanings:
CART means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-
motorized conveyance, and includes a stationary cart or a roaming cart.
MENDOCINO COUNTY HEALTH PERMIT means any and all licenses, permits, certifications, and
courses required and issued by the Mendocino County Environmental Health Services Division to
vend food within the city in accordance with this Chapter.
PEDESTRIAN means any person who is afoot or who is using a means of conveyance propelled by
human power other than a bicycle.
ROAMING SIDEWALK VENDOR has the same meaning as set forth in Government Code section
51036(b) and as may be amended from time to time, and includes a sidewalk vendor who moves
from place to place and stops only to complete a transaction.
SIDEWALK means any paved surface in the public right-of-way provided for the use of pedestrians
and includes pedestrian paths.
SIDEWALK VENDING means the sale of food or merchandise 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.
SIDEWALK VENDOR has the same meaning as set forth in Government Code section 51036(a) and
as may be amended from time to time, and includes a person who sells food or merchandise 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.
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STATIONARY SIDEWALK VENDOR has the same meaning as set forth in Government Code section
51036(c) and as may be amended from time to time, and includes a sidewalk vendor who vends from
a fixed location.
VEND OR VENDING means the sale of any goods, wares, merchandise, prepared, pre-packaged;
or unprepared, unpackaged food or food stuff of any kind.
VENDING PERMIT means a permit issued by the Business Services Division of the City of Ukiah
Community Development Department to undertake sidewalk vending within the city in accordance
with this Chapter.
§ 2752 LICENSING AND PERMITS
All sidewalk vendors are required to obtain:
A. A Business License pursuant to Division 2, Chapter 1 of this Code.
B. A Vending Permit issued pursuant to this Chapter. Sidewalk vendors must comply with the terms
and conditions set forth in the Vending Permit.
C. A Seller’s Permit issued by the California Department of Tax and Fee Administration and any
additional licenses from state or local agencies to the extent required by law.
D. A Mendocino County health permit for food-related vending, if applicable.
§ 2753 OPERATIONAL REQUIREMENTS
A. Each cart used by a sidewalk vendor must display a valid Business License, Vending Permit,
Seller’s Permit, and, if applicable, a Mendocino County Health Permit.
B. No stationary sidewalk vendor may operate in any residential zone.
C. In order to prevent obstructions of the public right-of-way, the total display area footprint of the
cart, including the cart itself and any accompanying display, signage, or related items, shall not
exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of
78 inches. The area of any roof, awning, or canopy must not exceed the area footprint of the cart.
Any cords or hoses authorized for use in the conditions to the Vending Permit must not project beyond
the area footprint of the cart unless otherwise authorized in the conditions to the Vending Permit.
D. In order to comply with the Americans with Disabilities Act (ADA) regulations and with the
accessibility requirements set forth in the California Building Code, the total display area footprint of
the cart must allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk
where the cart is located.
E. Sidewalk vendors may not set up tables, chairs, or other structures that obstruct the public
right-of-way, unless otherwise authorized by the City in the Vending Permit.
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F. Sidewalk vendors may not access a City power source without authorization from the City in
the Vending Permit, nor a private power source without authorization from such private property
owner or agent.
G. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall
provide a trash receptacle for customers and must ensure proper disposal of customer and vendor
trash. The trash receptacle must be large enough to accommodate customer trash without resort to
existing trash receptacles located on any block for use by the general public. A sidewalk vendor may
not dispose of customer trash in existing trash receptacles on sidewalks. Food Vendors must ensure
organic waste is collected and diverted accordingly.
H. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall
maintain a clean and trash-free area, including a sanitized and neat appearing cart, within a ten-foot
radius around the vendor's cart during hours of operation and shall ensure that such area is clean
and trash-free before relocating or closing.
I. In order to prevent damage to public property and prevent obstructions of the public right-of-
way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-
way.
J. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left
unattended at any time.
K. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent
obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public
street or right-of-way, or in any public park or other public property.
L. In order to preserve the safety of vehicular travelers, no sidewalk vendor may solicit business
from or conduct business with persons in motor vehicles.
M. In order to preserve the safety of vehicular travelers and pedestrians, and to preserve public
peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that
endangers or detracts from the health, safety, or welfare of the public by causing an excessive
distraction to motorists or interfering with nearby residences, business, or pedestrians including, but
not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators,
or excessive fumes.
N. In order to preserve the safety of vehicular travelers and pedestrians, any cart operated before
sunrise or after sunset, or in location with insufficient lighting, shall be equipped with sufficient lighting
or reflectors to alert pedestrians and vehicular travelers to the presence of the cart.
O. In order to prevent obstructions of the public right-of-way, all signage related to the vending
operation shall be affixed to the cart.
P. In order to prevent obstructions of the public right-of-way, all merchandise sold by a sidewalk
vendor must be stored within that vendor’s cart or attached receptacle or other receptacle approved
by the City.
Q. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall
immediately clean up any food, grease, or other fluid or item related to their sidewalk vending activities
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that are spilled or discharged. Disposal of trash, food, grease, or other materials to any storm drain,
creek, or waterway is prohibited. Vendors shall not dump, drain, or discard any fouled, spoiled, or
unused product, which includes draining ice coolers, drink containers, and/or miscellaneous
containers on the ground.
R. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall
comply with all applicable state, county, and city health and safety regulations and permitting and
licensing requirements. In particular, if food is prepared and/or sold, sidewalk vendors must comply
with the California Retail Food Code set forth at Part 7 of Division 104 of the California Health and
Safety Code (commencing at Section 113700).
S. In order to preserve the safety of the public, all sidewalk vendors shall not use an open flame
on or within any cart. Any sidewalk vendor using cooking equipment shall have a fire extinguisher.
Propane, natural gas, or butane cylinder tanks must be 20-gallon tanks or less, stored in an upright
position during use and positioned in such a way to prevent falling, tipping, and tampering, be properly
ventilated, and must contain a shut-off valve and a pressure regulator, having a hose of a type
approved for use by the manufacturer with the equipment.
§ 2753 VENDING PERMITS
A. To apply for or renew a Vending Permit, the sidewalk vendor applicant must file an application
with the Business Services Division of the Community Development Department, accompanied by
an application or renewal fee in an amount established by resolution of the City Council. The
application or renewal shall be in a form prescribed by the Director of the Community Development
Department and shall contain the following:
1. Valid identification, such as a State of California driver's license or identification
number, an individual taxpayer identification number, or a municipal identification number, or
any other government-issued identification card.
2. The name, address, e-mail address, and telephone number of the sidewalk vendor.
3. Proposed hours and days of operation.
4. Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming
vending cart.
5. Proposed location of operation.
a. An application for placement of a stationary vending cart in a commercial or
industrial area of the city must contain the proposed location, marked by major cross
streets, and a photo or sketch of such location.
b. An application for a roaming vending cart in a residential area of the city must
contain a sketch or description of the route the sidewalk vendor will travel.
c. If a cart will be used, a description of the cart including dimensions.
6. The type of merchandise or food offered for sale or exchange.
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7. Proof of a valid Business License issued pursuant to this Code.
8. A valid California Department of Tax and Fee Administration Seller’s Permit and any
additional licenses from state or local agencies to the extent required by law.
9. Proof of a policy or policies of comprehensive general liability insurance, in an amount
as approved by the City, against any injury, death, loss, or damage as a result of wrongful or
negligent acts or omissions by the permittee, with an endorsement naming the City as an
additional insured.
10. A Mendocino County health permit for food-related vending, if applicable.
11. A certificate of completion of a food handler course, if applicable.
12. A declaration that the information provided to the city is true and correct.
13. Any other information as may be required by the Administrator.
B. Vending Permits will expire one year after the date of issuance and will be subject to renewal.
C. A Vending Permit shall only permit the operation of one vending cart or other type of
conveyance at any one time.
D. Vending Permits are not transferable.
E. In accordance with Government Code § 51038, the Vending Permit application and any
personally identifiable information included in the application, as defined in Section 51038, will be
confidential and will not be disclosed or made available for review and shall be exempt from disclosure
under the California Public Records Act. In addition, the Vending Permit application shall not require
disclosure of any categories of information prohibited by Government Code § 51038(c)(1)(D) or as
may be amended.
F. The Director of Community Development may require inspection of the cart or other
conveyance as a condition of Permit issuance.
G. If there is any prior history of violations under this chapter, the Director of Community
Development may review any such violations in its review of renewal requests and consider those
violations when imposing conditions on a renewal Permit.
H. The Director of Community Development or their designee may revoke a Vending Permit for
a fourth or subsequent violation of this Chapter within a twenty-four-month period.
I. A person whose Vending Permit is revoked pursuant to this Chapter may not renew their
Vending Permit for one year.
J. Persons who are denied Vending Permits or whose Vending Permits have been revoked
pursuant to this Chapter may appeal by filing a written notice of appeal with the City’s Hearing Officer.
The appeal must be filed with the Chief Code Enforcement Official within ten work days after receipt
of the notice of denial or revocation. The appeal hearing shall be conducted pursuant to the appeal
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hearing procedure set forth in Section 3456 of this Code for appeals to the Hearing Officer. The
Hearing Officer shall hear and determine the final appeal and the decision of the Hearing Officer shall
be final.
§ 2754 LOCATION LIMITATIONS
In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid
interference with vehicular traffic, certified farmers' markets, swap meets, and City-permitted special
events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
A. Any area other than a public sidewalk or pedestrian path.
B. Within 15 feet of a fire hydrant, fire call box, or other emergency facility.
C. Within five feet of an entrance to or emergency exit of any building or business during the
hours that the building or business is open to the public.
D. Within ten feet of the outer edge of a driveway or driveway apron.
E. Within ten feet of a transit stop.
F. Adjacent to any marked loading zone or bus zone.
G. Within five feet of a curb return.
H. Any location that would impede entering or exiting a parked vehicle.
I. Any location or pathway that impedes the flow of pedestrian traffic by reducing the clear space
to less than four feet or impedes access to or the use of abutting property, including, but not limited
to, residences and places of business.
J. Within 100 feet in any direction of the nearest vendor or concessionaire participating in a
certified farmers' market or City-hosted community yard sale during the operating hours of the
certified farmers' market or City-hosted community yard sale unless vendor has been issued a
Vending Permit that authorizes them to vend as part of the certified farmers' market or City-hosted
community yard sale.
K. Within 100 feet of a City-permitted special event including, but not limited to, parades,
concerts, and street fairs, unless vendor has received a permit to vend as part of the event. For
moving events, vending shall be prohibited within 100 feet of any portion of the approved event route.
For stationary events, vending shall be prohibited within 100 feet of the parcel and/or site boundary
for the location of the event.
L. Within 300 feet of the property line of any public or private school grounds between 7:00 a.m.
and 6:00 p.m. on school days, and while the same is in use, including for afterschool childcare,
enrichment classes and sports.
M. Upon or within any roadway, median strip, or dividing section.
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N. Any public sidewalk location when the straight path would not allow for 48 inches, or as the
law updates, of clear width walking space of any sidewalk to comply with the Americans with
Disabilities Act (ADA) regulations and with the accessibility requirements set forth in the California
Building Code.
O. Any public sidewalk where there is a 180 degree turn path for sidewalk ramps and corner
curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn,
and 42 inches leaving the turn, or as the law updates, of clear width walking space of any sidewalk
to comply with ADA regulations.
P. Stationary sidewalk vendors shall not vend within 100 feet of another stationary sidewalk
vendor.
Q. Sidewalk vendors are prohibited from entering or encroaching onto private property while
engaging in sidewalk vending activities.
R. No sidewalk vendor shall operate within 100 feet of any structure that is abandoned, vacant,
declared hazardous, or posted with a notice of violation or subject to a building, fire, or safety-related
permit restricting occupancy or access.
§ 2755 VENDING IN CITY PARKS
Sidewalk vendors vending in parks must comply with the following additional requirements:
A. No stationary sidewalk vendor may operate in a City-owned or City-operated park if the
operator of the park has signed an agreement for concessions that exclusively permits the sale of
food or merchandise by the concessionaire.
B. Sidewalk vendors shall stop vending upon the designated closing time of the park.
C. Vending is permitted between 8:00 am and sunset in parks where there is no designated
closing time.
§ 2756 ENFORCEMENT AND PENALTIES
A. It shall be the duty of the Director of Community Development to enforce each and all of the
provisions of this Chapter. The Director may delegate this authority to the Chief Code Enforcement
Official. Every member of the Code Enforcement Division of the Community Development
Department is directed to assist the Director and Official in the enforcement of this Chapter.
B. Unless otherwise provided, any violation of any of the provisions of this Chapter by a sidewalk
vendor who has a valid sidewalk vending permit from the City shall be punishable by an administrative
fine according to the following provisions:
1. An administrative fine of $100 for a first violation.
2. A second violation that occurs within one year of the first violation shall be punishable by
an administrative fine of $200.
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3. A third violation and each subsequent violation that occurs within one year of the first and
second violations shall be punishable by an administrative fine of $500..
4. Possible revocation a sidewalk vending permit for a fourth or subsequent violation of this
Chapter within a twenty-four-month period as set forth in Section 2753.
C. Unless otherwise provided, a person engaged in sidewalk vending without a valid city sidewalk
Vending Permit shall be issued an administrative fine according to the following provisions:
1. An administrative fine of $250 for a first violation.
2. A second violation that occurs within one year of the first violation shall be punishable by
an administrative fine of $500.
3. A third violation and each subsequent violation that occurs within one year of the first and
second violations shall be punishable by an administrative fine of up to $.
D. Failure to pay an administrative fine shall not be punishable as an infraction or misdemeanor.
E. Additional fines, fees, assessments, or any other financial conditions beyond those authorized
in this Section shall not be assessed.
F. When assessing an administrative fine pursuant to this Section, the City 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 other
materials for requesting 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.
G. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the
Government Code, the City shall accept, in full satisfaction, twenty percent (20%) of the administrative
fine, or may offer the following alternatives:
1. Community service in lieu of paying the total administrative fine.
2. Waiver of the administrative fine.
3. An alternative disposition.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once
in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15) days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
3. Severability: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
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this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the
remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Introduced by title only on March 4, 2026, by the following roll call vote:
AYES: Councilmembers Crane, Rodin, Criss, Orozco, and Mayor Sher.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Adopted on March 18, 2026, by the following roll call vote:
AYES: Councilmembers Rodin, Orozco, and Mayor Sher.
NOES: None.
ABSENT: Councilmembers Crane and Criss.
ABSTAIN: None.
Susan Sher, Mayor
ATTEST:
Kristine Lawler, CMC/City Clerk
Susan Sher (Mar 19, 2026 11:54:02 PDT)
Susan Sher
Kristine Lawler (Mar 19, 2026 16:27:55 PDT)
Kristine Lawler