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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO ADOPT RULES AND
REGULATIONS FOR THE SALE OF VENDING IN A CITY
OF FRESNO PARK
WHEREAS, the Parks, After School, Recreation, and Community Services Department (PARCS) manages and maintains the City’s 1,500 acres of open space, community centers, recreational programs, and activities for the community; and WHEREAS, these collective sites include every public park, roadside rest area, playground, zoological garden, museum, house, community garden or other recreational facility area, together with any parking lot, reservoir, swimming pool, golf course, court, field, bridle path, trail, or other recreational facility, or structure thereon, in the City of Fresno which is owned, controlled, operated or managed by PARCS; and WHEREAS, the City of Fresno desires to maintain its parks, open spaces and facilities as safe, well- programmed and accessible sites; and WHEREAS, the City of Fresno desires to protect public safety and secure access while protecting the right of all people to visit and enjoy our public parks; and WHEREAS, the California Legislature has adopted a statewide law (SB 946) allowing for commercial sidewalk vending of food and commercial items on public right- of-ways, including parks; and
WHEREAS, local park agencies may adopt vending rules and regulations in compliance with SB 946, including progressive administrative, non-criminal penalties; and WHEREAS, a local park agency may restrict vendors to certain areas within a park if the restriction is directly related to an objective health, safety or welfare concern, as
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necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities, and as necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scene and natural character of the park; and WHEREAS, a local park agency may limit the number of vendors to operate in a park if the restriction is directly related to an objective health, safety or welfare concern; and
WHEREAS, a local park agency may restrict hours of operation for vendors which are not unduly restrictive; and
WHEREAS, a local park agency may require vendors to comply with sanitary conditions; and
WHEREAS, a local park agency may require vendors to obtain and possess State, County and City of Fresno permits; and
WHEREAS, a local park agency may require vendors to comply with the American with Disabilities Act and other disability access standards; and WHEREAS, a local agency may prohibit stationary sidewalk vendors from selling in parks where it has signed an agreement for concessions that exclusively permits the sale of food or merchandise to a concessionaire; and
WHEREAS, a local agency may restrict or prohibit sidewalk vendors within the immediate vicinity of an area where it has issued a temporary special permit for purposes including, but not limited to, filming, parades, festivals, concerts, movie nights, speci al events, carnivals, running events or other Department approved, temporarily permitted activities; and
WHEREAS, SB 946 does not restrict the City of Fresno from adopting rules and
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regulations for the prohibition of unauthorized or non- permitted commercial services in parks.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
SECTION 1: Findings
1. The Purpose of this Resolution is to establish sidewalk vending procedures in City of Fresno managed Parks consistent with the California Government Code (Gov.
Code) Sections 51036 through 51039 while also protecting the health, safety, and welfare of the public.
2. The resolution covers all City of Fresno parks which are an area of high foot traffic. Many people use and enjoy the City’s parks for recreation, sports, and events. To avoid any incidents and disturbances to patrons of the park and nearby neighborhoods, reasonable regulations are directly tied to the health, safety, welfare of the residents, sidewalk vendors, and park patrons.
SECTION 2: The following regulations are adopted effective immediately:
Section 2.1 – Purpose
The purpose of this Resolution is to establish sidewalk vending procedures in parks in accordance with state law. The reasonable time, place, and manner regulations set forth in this Resolution are necessary to protect the public health, safety, and welfare by, among other things, ensuring unobstructed pedestrian travel in City park’s sidewalks and minimizing potential conflicts between park patrons and vendors in the public right -of- way. Furthermore, procedures are necessary to prevent unsanitary conditions and to ensure trash and debris in the areas vending is taking place are removed by vendors.
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Section 2.2 – Definition
The following terms used in this Resolution shall have the meaning indicated below:
“Certified Farmers Market” means a location operated in accordance with Chapter
10.5 (commencing with Sections 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.
“Food” means any type of edible substance or beverage intended primarily for consumption by human beings.
“Mobile Vendor” shall have the same meaning as defined in Fresno Municipal Code (FMC) Section 9-1102.
“Public right-of-way” means the area dedicated to public use for street , sidewalks or other pedestrian purposes, including privately owned and maintained roads , trails or non-paved pathways within the City that are generally held open to the public. “Regional Parks” means an area of land preserved on account of its natural beauty, historic interest, recreational use or other reason and under the administration of a form of local government, this includes Woodward Park, Roeding Park and Regional Sports Complex.
“Sidewalk Vendor” shall have the same meaning as defined in Gov C ode Section 51036.
“Vend, vends, vended or vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish, or pay a fee before providing food or merchandise, even if characterized as a donation.
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Section 2.3- Time, Place & Manner
1. Vending is restricted to non-motorized conveyances, stands, or pushcarts, which must be not more than 8 feet in length and not more than 3 feet in depth, including wheels, axles and other appurtenances.
2. Vendors shall not leave their vending conveyances, stands, or pushcarts unattended or unlocked. All vending conveyances, stands, or pushcarts shall have safety locks on their wheels.
3. Vending shall only be allowed at parks during their normal operating hours from 7am to 10pm.
4. Vending shall cease 30 minutes before the park’s closing time to allow for cleanup and to ensure timely clearance of the vendor and patrons from park property.
Vendors shall remove all vending equipment each day before the park closes.
5. Vending shall be restricted to paved pathways or designated paved walkway areas only. Vendors shall ensure that such pathways are not blocked, allowing for pedestrian and wheelchair/ADA clearance.
6. Vendors will have designated vending areas provided by PARCS.
7. Vending is not allowed on active courts or fields within a park or in parking lots or streets owned and operated by PARCS.
8. Vending is not allowed on trails or dirt paths within a regional park.
9. Vendors are prohibited from using any parking stall or designated parking area for vending conveyances, stands, or pushcarts to sell food or merchandise.
10. Vending is prohibited within 100 feet of any building, recreation center, bathroom, structure or playground.
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11. Vendors are prohibited from vending within 500 feet of any school site, camp, youth activity center or senior center located on park property.
12. No vending conveyance, stand, or pushcart shall touch, lean against, or be affixed to any lamp post, parking meter, mail box, traffic signal, picnic table, fire hydrant, tree, plant, planter box, rock formation, bench, bus shelter, or trashcan.
13. Vending is prohibited within 10 feet of any crosswalk or ADA access ramp.
14. No vendor shall vend anything that is placed immediately on a paved pathway or designated paved walking area, or on a blanket, box, or board placed immediately upon such surface.
15. Vendors are prohibited from playing or operating any device to produce music or amplified sound for advertising or commercial purposes.
16. Vendors are prohibited from placing canopies, chairs, or tables for customers.
Section 2.4 - Capacity
1. To prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the part , the number of vendors per park shall be limited to: 2 vendors per acre for parks and 5 vendors for Regional Parks and no vendor may vend within 25 feet of another vendor. PARCS retains the right, as authorized by the Fresno City Council, to adjust the number of vendors allowed per acre for any individual park based on specific or unique physical characteristics of that park, which impact the amount of usable park space (e.g. lakes, hillsides or historical use or data that reflect an abundance of events or propensity to overly commercialize or impact park use).
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2. The right to vend in a park shall be determined on a first come, first serve basis.
3. Vendors must keep accurate and contemporaneous logs of entrance and park departure times and must make those logs available to City staff immediately upon request.
Section 2.5 - Requirements for Sanitary, Safety and Clean Conditions
1. V
endors must ensure that their vending activities and conveyances are clean and sanitary and in compliance with all rules and regulations of the Fresno County Health Department.
2. Vendors are responsible for clean- up and removal of any food item, package, refuse, waste, litter or any items or materials occurring because of or related to their food and merchandise sales.
3. Vendors are prohibited from placing any liquid or solid waste in park trashcans. Vendors are prohibited from dumping ice on park property. Vendors must take their trash with them.
4. Vendors must bring their own vermin- proof trash receptacles and remove any and all waste, refuse and litter collected or discarded as a result of preparing, selling or consuming food items or merchandise in the park.
5. Vendors may not use electrical outlets for the sale of their food or merchandise.
6. Vendors are prohibited from using gas generators.
7. Vendors shall not sell or offer any unsanitary, unsafe, dangerous or harmful food, beverage or merchandise.
8. I
n addition to prohibitions on the sale of alcohol, ammunition, animals, counterfeit goods, firearms, or tobacco, which exist in local, state or federal law, by these
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Rules and Regulations, vendors are prohibited from selling or offering any harmful or dangerous items, such as archery equipment, knives, or sling shots, or any objects that appear to be weapons, such as squirt guns, toy guns, or toy knives.
Section 2.6 – Requirements to Possess, Maintain & Display Permits
1. Vendors must maintain, possess, and display or show all local authority permits required by the State, County or City of Fresno.
Section 2.7 – Fines & Violations
1. Violations of these rules and regulations shall be punishable by the following:
a. A written warning for a first violation
b. An administrative fine not exceeding one hundred dollars ($100) for a second violation within one year of the first violation c. An administrative fine not exceeding two hundred dollars ($200) for a third violation within one year of the first violation
d. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation e. Permission to vend in parks will be rescinded if more than four (4) violations are set forth
2. A sidewalk vendor maybe appeals an administrative fine and a rescinding pursuant to Chapter 1, article 4 of the Fresno Municipal Code.
Section 3: The City of Fresno reserves the right to amend, change or alter any of these rules in conformance with local and state law at any time and as needed.
Section 4: This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Date
Senior Deputy City Attorney