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DRAFT
ORDINANCE NO. XX-2026
AN ORDINANCE OF THE CITY OF FREMONT AMENDING FREMONT
MUNICIPAL CODE TITLE 5, BUSINESS LICENSES AND
REGULATIONS, CHAPTER 5.35 VENDORS AND SOLICITORS, TO
ALIGN VENDING REGULATIONS WITH GOVERNMENT CODE
SECTION 51036 ET SEQ
WHEREAS, the California legislature amended Government Code Section 51036 et seq., amending the requirements for local authorities to regulate sidewalk vendors; and WHEREAS, the City of Fremont must amend its ordinance to comply with state law, including the findings to support regulations necessary to ensure the public’s health, safety, and welfare to use and enjoy the sidewalk and streets and access to the public facilities and private property.
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 5.35.010 AMENDED
Fremont Municipal Code Title 5, Chapter 5.35, Section 5.35.010 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 5.35.010 Purpose.
The purpose of this chapter is to regulate vendors consistent with Government Code sections 51036 through 51039 while also protecting the health, safety, and welfare of the city of Fremont and its residents. The provisions of this chapter allow the city to encourage small business activities, while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare. This chapter is not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities that are commercial in nature.
The City Council hereby finds that to promote the public’s health, safety, and welfare, the following restrictions are necessary:
(a) Prohibiting vending in areas that may impede the public, restrict access requirements under the American with Disabilities Act, on portions of the sidewalk crossed by a public or private driveway or within 10 feet of a driveway or within 500 feet of a freeway entrance or exit, and in a manner in which the movement or visibility of vehicles using the public right-of-way is obstructed ensures that vendors do not unreasonably interfere with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, or place of business, or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles, entering or exiting a freeway and ensures sidewalk vending activities occur only in locations where such activities would not restrict sidewalk and pathway access Ordinance No. XX- 2026 Page 2 of 8
and enjoyment of individuals with disabilities and ensures no unreasonable interference with site lines of vehicles to ensure the safety of pedestrians and vendors and is necessary to protect the health, safety and welfare of disabled individuals as well as elderly individuals with paths of access in areas commonly utilized by pedestrians; (b) Preventing vendors from intentionally obstructing the free movement of people on any street, sidewalk, or other place open to the public is necessary to protect the health, safety and welfare of those who may be seeking emergency services or who are otherwise uninterested in the goods or services offered and desire to pass through unimpeded; (c) Prohibiting vending in streets and medians is necessary to protect the health and safety of vendors and customers because they are at risk of being struck by vehicles and/or causing a vehicular accident if the vending occurs in the streets or on the medians; (d) Limiting vendors’ hours of operation within residential neighborhoods to daylight hours consistent with a residential atmosphere is necessary to protect the safety of sidewalk vendors and residents who would be more vulnerable to criminal activities during evening hours, and also to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet in their homes. Further, preventing stationary sidewalk vendors in residential neighborhoods is necessary for the welfare of the residents of the City, because allowing sidewalk vendors to operate at a fixed location in residential neighborhoods may subject residents to increased noise and traffic, which may be appropriate for commercial areas, but will interfere with the peace and quiet that residential occupants should enjoy while in their homes;
(e) Limiting vendors’ hours of operation in commercial areas to daylight hours or to the same hours as other open businesses in the vicinity where the sidewalk vendor operates in the evening hours is necessary to protect the vendors’ health and safety, as they are more vulnerable to crime during nighttime hours, especially if operating where no other businesses are open;
(f) Prohibiting soliciting and vending on streets adjacent to schools during hours when school children are present is necessary to protect the health and safety of the school children, because vendors operating at close proximity to schools may attract unsupervised children to run into traffic to reach the vendor and be injured or killed in the process. Such activity would also pose a hazard to motorists who may stop suddenly or swerve to avoid hitting children, resulting in injury to those motorists;
(g) Prohibiting storage of vending equipment, including unattended equipment and locking or chaining vending equipment to other items permanently in the street or public right-of-way ensures reasonable access for the use and maintenance of street, public right-of-way, and the other items permanently located in those areas and reduces the risk of personal injury or property damage;
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(h) Prohibiting vending within 25 feet of a fire hydrant, of curbs painted or designated for specific uses, such as a bus zone, and of trash or recycling containers, bike racks, benches, bus stops or similar public use items ensures reasonable access for the use and maintenance of streets, hydrants, benches, mailboxes, other public use items as well as access to locations used for public transportation services and reduces the risk of personal injury or property damage;
(i) Prohibiting mobile vending carts, trailers or other vehicles from being located less than 50 feet from another such vehicles in the public right-of-way or street ensures no unreasonable interference with site lines of vehicles to ensure the safety of pedestrians and vendors and reduces the risk of personal injury or property damage; (j) Preventing vendors from operating where placement impedes pedestrian access to or the use of an abutting property, including but not limited to residences and places of business, is necessary to protect the welfare of residents of the city by maintaining property values and use of said property; and
(k) Requiring vendors to obtain insurance is necessary to protect the health and safety of the public and employees of vendors because insurance would cover medical expenses and other liability from injury or damages resulting from vendors’ activities that may not otherwise be covered. Further, compelling vendors to provide commercial general liability insurance coverage is necessary to protect the welfare of the city’s elected and/or appointed officials and employees as additional insureds with respect to liability arising out of the use of city premises.
SECTION 2. FMC § 5.35.020 AMENDED
Fremont Municipal Code Title 5, Chapter 5.35, Section 5.35.020 is amended to add the following definition:
Sec. 5.35.020 Definitions.
“Sidewalk 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.
SECTION 3. FMC §5.35.045 ADDED
Fremont Municipal Code Title 5, Chapter 5.35, Section 5.35.045 is added to read as follows:
Sec. 5.35.045 Exceptions and penalties for sidewalk vendors. (a) The following provisions of this Code shall not apply to sidewalk vendors:
(1) 1.15.010 [Rules of Construction, Generally];
(2) 1.20.080(h) [Penalties Assessed, Failure to Pay];
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(3) 5.35.130(a)(8) [Application, Statement of Certain Prior Crimes]; (4) 5.35.140 [Background Check]; and
(5) 5.35.370 [Penalties for Violation of Permit Requirements]. (b) Failure of sidewalk vendor to pay an administrative fine pursuant to this subsection shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this subsection shall not be assessed to sidewalk vendors for violations of this Chapter.
Sidewalk vendors shall be assessed the following fines:
(1) A violation of this chapter is punishable only by the following:
(A) First administrative citation: A fine not exceeding $100.00; (B) Second administrative citation within one year for violation of the same code section: A fine not exceeding $200.00;
(C) Third or subsequent administrative citation within one year for violation of the same code section: A fine not exceeding $500.00.
(2) A permit issued to a sidewalk vendor may be rescinded for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a sidewalk vendor fails to obtain a permit pursuant to this chapter, then the violation shall be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) First administrative citation: A fine not exceeding $250. (ii) Second administrative citation within one year for violation of the same code section: A fine not exceeding $500.
(iii) Third or subsequent administrative citation within one year for violation of the same code section: A fine not exceeding $1,000.
(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.
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SECTION 4. FMC §5.35.090 AMENDED
Fremont Municipal Code Title 5, Chapter 5.35, Section 5.35.090 is amended to read as follows:
Sec. 5.35.090 General restrictions.
All permittees under this chapter are subject to the following restrictions:
(a) No permittee hereunder shall have any exclusive right to any location in a public street or sidewalk, nor shall the permittee have the right to vend or solicit on any private property without the consent of the owner or lessee of the property. he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. This permit does not preclude the issuance of a special events permit or other permits for events in public parks or the granting of permission to sell and/or operate on private property by its owners.
(b) Every permittee at all times while engaged in vending or soliciting, shall have in his/her immediate possession the permit issued under the provisions of this chapter and when so vending or soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the vendor or solicitor is vending or soliciting. Every vehicle used for vending or soliciting shall display the permit issued pursuant to this article in a conspicuous place on said vehicle. (c) All mobile vending carts, trailers, and vehicles, and any other items associated with vending activity must be removed from public property during non-vending hours.
Mobile vending carts, trailers, vehicles or other personal property shall not be locked or chained to a parking meter, tree, streetlight or other street furniture. Mobile vending carts, trailers, vehicles and other personal property shall not be left unattended on city streets or sidewalks for more than fifteen (15) consecutive minutes. (d) No stationary vendor, mobile vending cart, trailer, or vehicle or other stationary vending activity shall be located:
(1) In any residential district;
(2) Within 500 feet of any public or private k-12 school at the beginning or end of the school day;
(3) Where clear pedestrian passage on the public sidewalk is less than four feet wide On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act, usually a minimum of four (4) feet;
(4) Within twenty-five fifteen (125) feet of a:
(A) fire hydrant;
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(B) Curb which has been designated as a blue, yellow or red zone or a bus zone; (C) Trash or recycling containers, bike racks, benches, bus stops or similar public use items;
(5) On the portion of a public sidewalk crossed by a public or private driveway or within ten feet of either side of the driveway;
(6) Within any street corner area or midblock crosswalk On any median or on a street so as to cause the vendor and/or customers to be located on any median or on a street to obtain the goods sold;
(7) In such a way that would restrict the ingress to or egress from the adjoining property;
(8) In a manner in which the movement or visibility of vehicles using the street or other public right of-way is obstructed;
(9) Within five hundred (500) feet of a freeway entrance or exit; or (10) Within two hundred (200) feet of a permanent food facility during that facility’s operating hours, if the permittee is selling food items. On any street, sidewalk, or other public place open to the public where the vendor, mobile vending cart, trailer, or vehicle or other stationary vending activity obstructs the free movement of people in that area.
(e) Unless otherwise provided in this chapter, mobile vending carts, trailers, or vehicles shall not be placed within fifty (50) feet of another vendor, mobile vending cart, trailer, or vehicle in the public right-of-way or on the street. (f) Mobile vending carts, trailers, or vehicles shall not be locked or chained to a parking meter, tree, street light or other street furniture.
(g) Mobile vending carts, trailers, and vehicles shall not be left unattended on city streets or sidewalks for more than fifteen (15) consecutive minutes. (f) Unless otherwise provided in this chapter, utility service connections are not permitted. Electrical power supply lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. City street light facilities shall not be used in any way to supply electrical service to a vending site, unless otherwise provided in this chapter.
(g) Vendors, solicitors, and temporary merchants shall keep the area of operation free of debris. Permittees selling food or beverages must provide trash receptacles and waste removal adjacent to or as a part of their operations. All spilled food, beverages, grease, or other trash or debris accumulating within twenty (20) feet of any mobile Ordinance No. XX- 2026 Page 7 of 8
vending cart, trailer, vehicle or other personal property used to sell food or beverages shall be cleaned and collected by the permittee and deposited in the permittee’s trash receptacle. The permittee is prohibited from depositing its waste, ice, and any grey or waste water into sidewalk waste receptacles, privately-owned dumpsters, City planters, gutters or the street drainage system.
(h) Mobile vending carts, trailers, vehicles or other personal property shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any public right-of-way where the cart, trailer, vehicle or other personal property is located. The permittee or permittee’s employees shall be responsible for the cleaning and repair of any public right-of-way soiled, stained, or damaged by the placement and operation of their mobile vending operations.
SECTION 5. CEQA
The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 6. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 8. PUBLICATION AND POSTING
The City Clerk has caused to be published a summary of this ordinance, prepared by the City Attorney under Government Code Section 36933(c), once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont, at least five days before the date of adoption. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause to be again published in a newspaper of general circulation the summary of this ordinance with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
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The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of ______, 2026 and finally adopted at a regular meeting of the City Council held on the ____ day of ______, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney