ORD 690 ORDINANCE NO. 690
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTIONS 5.28.010 (PURPOSE),
5.28.030 (DEFINITIONS), 5.28.070 (VENDOR
OPERATIONAL REQUIREMENTS), AND 5.28.080
(VIOLATIONS) OF CHAPTER 5.28 (VENDING ON PUBLIC
PROPERTY) OF TITLE 5 (BUSINESS TAXES, LICENSES
AND REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO UPDATE SIDEWALK VENDING
REQUIREMENTS FOR CONSISTENCY WITH SENATE BILL
NO. 946
WHEREAS, Senate Bill No. 946, commonly known as the Safe Sidewalk Vending
Act ("SB 946"), went into effect on January 1, 2019; and
WHEREAS, SB 946 prohibits a local agency from regulating sidewalk vendors,
except in accordance with the provisions of the Act. SB 946 decriminalizes sidewalk
vending in California and requires local authorities to allow the same. Local agency
regulations may be adopted and the same be required of sidewalk vendors provided the
same are directly related to objectively demonstrable health, safety, or welfare matters;
and
WHEREAS, The City last updated Chapter 5.28 (Vending on Public Property) of
the Rancho Palos Verdes Municipal Code (RPVMC) on October 19, 2021. Proposed
Code Amendments to this Chapter will update the City's Sidewalk Vending Program.
Updating the vendor operational requirements will clarify the requirements so that
sidewalk vending can be better regulated; and
WHEREAS, the City Council of the City of Rancho Palos Verdes desires to comply
with SB 946 and to amend its Municipal Code consistent with the same.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct and are incorporated
herein by reference.
Section 2. Sections 5.28.010 (Purpose), 5.28.030 (Definitions), 5.28.070 (Vendor
operational requirements), and 5.28.080 (Violations) of Chapter 5.28 (Vending on Public
Property) of Title 5 (Business Taxes, Licenses and Regulations) of the Rancho Palos
Verdes Municipal Code are amended, in their entirety, to read as follows:
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Ordinance No. 690
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"5.28.010. — Purpose and Findings.
A. Purpose. The purpose of this Article is to promote consistency in the
application of this Sidewalk Vendor Program in conformance with state law.
B. Findings. The City Council hereby finds as follows:
1. Public sidewalks and other pedestrian paths (collectively "public
rights-of-way") are intended for pedestrian travel; and
2. Federal and state laws require that cities meet certain accessibility
standards for disabled persons traveling on public rights-of-way; and
3. Government Code§§ 51036-51039 decriminalize sidewalk vending
and allow the City to adopt a program regulating sidewalk vendors in
compliance therewith; and
4. Sidewalk vendors have the potential to take up space on public
rights-of-way and attract customers so as to create additional
obstacles for pedestrians to avoid while traveling on public rights-of-
way; and
5. Sidewalk vendors and their customers may generate trash, noise
and other impacts to public rights-of-way and abutting properties;
and
6. Certain public rights-of-way are located next to venues where large
crowds of people may assemble for events, creating significant
demand for limited sidewalk space on event days, including, but not
limited to, sidewalks located next to red curbs for emergency
vehicles, pedestrians entering and exiting buildings, and motor
vehicles dropping off and picking up passengers; and
7. Certain public rights-of-way are located next to schools, places of
worship, hospitals, police stations, jails, fire stations, public transit
facilities, or industrial facilities protected by Penal Code §§ 552-
555.5, which require additional restrictions on sidewalk vending to
facilitate pedestrian access; and
8. Certain public rights-of-way are located in public parks and
exclusively zoned residential areas which are not considered
commercial areas and require additional restrictions on sidewalk
vendors to facilitate pedestrian access; and
9. It is necessary for the City Council to adopt a well-regulated Sidewalk
Vendor Program to balance the competing uses of public rights-of-
way in order to protect the health, safety and welfare of the general
public; and
10.Nothing in this Sidewalk Vendor Program shall be construed to
prohibit the prosecution of sidewalk vendors who fail to comply with
Ordinance No. 690
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other provisions of law not preempted by Government Code §§
51036-51039, including, but not limited to, trespassing, failing to
pay taxes, selling counterfeit merchandise, selling food in violation of
the Health and Safety Code, and operating from a sidewalk located
within five hundred feet of a freeway ramp in violation of the Vehicle
Code.
5.28.030. — Definitions.
The following words, terms and phrases, when used in this chapter, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning.
Captive audience means one or more purposefully stationary persons,
such as persons in lines, on public transportation, or seated in public areas.
Certified farmers'market means a location operated in accordance with
Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food
and Agricultural Code and any regulations adopted pursuant to that chapter.
City means the City of Rancho Palos Verdes.
Commercial vehicle means a vehicle maintained for the transportation
of persons for hire, compensation or profit, or designed, used or maintained
primarily for the transportation of property. Passenger vehicles which are
not used for the transportation of persons for hire, compensation or profit
are not commercial vehicles.
Director means the director of community development and includes
their designee.
Driver means and includes every person who drives or is in actual
charge and control of any vehicle, or commercial vehicle from which street
vending takes place.
Goods or merchandise includes items and products of every kind and
description, including all food, produce and beverage items, and
manufactured goods and merchandise.
Highway means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
Nonmotorized conveyance means any device moved exclusively by
human power, including, but not limited to, any pushcart, stand, display,
showcase, rack, pedal-driven cart, wagon, bicycle, tricycle or other wheeled
container or conveyance.
Nonprofit organization means a nonprofit corporation that has obtained
recognized state or federal tax-exempt status.
Ordinance No. 690
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Owner means and includes every person having legal title to any
vehicle, or commercial vehicle, from which street vending takes place.
Permittee means the permit holder, and shall include their designees,
employees, agents, or representatives.
Person means any natural person, firm, partnership, association,
corporation or other entity of any kind or nature.
Public property means rights-of-way and real property owned or
controlled by the city or other public agency or entity, including parks, nature
preserves, trails, trailheads, parking lots, beaches and open spaces.
Public sidewalk or street means all of those areas dedicated as public
thoroughfares, including, but not limited to, roadways, parkways, medians,
alleys, sidewalks, and public ways.
Roaming sidewalk vendor means a sidewalk vendor who moves from
place to place and stops only to complete a transaction.
Sidewalk vendor means a person who sells food, goods, or
merchandise from a pushcart, stationary cart or other nonmotorized
equipment, or other temporary set-up or kiosk, vehicle, or from one's
person, upon a public street, sidewalk or other pedestrian path, and park
grounds, or other public property.
Sidewalk vendor law means Government Code §§ 51036-51039,
including any amendments, additions, or successor statutes thereto.
Stationary sidewalk vendor means a sidewalk vendor who vends from
a fixed location.
Swap meet means a location operated in accordance with Article 6
(commencing with Section 21660) of Chapter 9 of Division 8 of the Business
and Professions Code, and any regulations adopted pursuant to that article.
Vending means selling food, goods, or merchandise from either a
stationary or roaming pushcart, stand, table, display, pedal-driven cart,
wagon, showcase, rack, nonmotorized conveyance, or other temporary set-
up or kiosk, vehicle, or from one's person, upon a public street, sidewalk or
other pedestrian path, and park grounds.
5.28.070. —Vendor operational requirements.
A. Vendors must store and display all food, goods, or merchandise within
a ten-foot radius of their conveyance to ensure clear pedestrian pathways,
maintain public safety, and uphold sanitary conditions in public spaces.
B. No vendor shall park or stand a nonmotorized conveyance used for
vending in a manner which causes a hazard to vehicular or pedestrian
Ordinance No. 690
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traffic, and no vendor shall distribute any item from a nonmotorized
conveyance in a manner that causes any person to stand in that portion of
the street that is between the nonmotorized conveyance and the center of
the street.
C. No vendor shall operate on any street or sidewalk between 6:00 p.m.
and 7:00 a.m., unless this time restriction is consistent with limitations
imposed on other businesses or uses on the same street in nonresidential
areas. This policy is implemented to ensure that vending operations do not
disrupt public safety, traffic flow, or nighttime tranquility, while maintaining
consistency with existing regulations for other commercial activities in the
area.
D. No vendor shall vend unless they maintain a clearly designated litter
receptacle in the immediate vicinity of the conveyance, marked with a sign
requesting use by patrons. Prior to leaving the location, the vendor shall
pick up, remove, and dispose of all trash or refuse which consists of
materials originally dispensed by the vendor, including any packages or
containers, or parts thereof, used with or for dispensing the food, goods or
merchandise being sold.
E. The vendor shall not make any outcry, blow a horn, ring a bell, or use
any sound devices or musical instrument upon any of the streets, alleys,
parks or other public places of this city where sound is of sufficient volume
to be capable of being plainly heard upon the public sidewalks or streets,
public parks or other public places, for the purpose of attracting attention to
any food, goods, or merchandise which the permittee proposes to sell. This
restriction is in place to prevent excessive noise that could disrupt public
tranquility, interfere with residential and commercial activities, and maintain
a peaceful environment for all community members.
F. Airborne signs such as balloons, banners, feather flags, pennants, as
well as flags, are prohibited as visual distractions and safety hazards for
pedestrians and drivers alike to use due care in their travels, thereby
promoting a safer and more orderly public environment.
G. No vending area shall impede ingress into or egress out of any driveway
or doorway. No vending area shall reduce accessibility as may be required
by the Americans with Disabilities Act.
H. Vending areas must be located at least 30 feet away from any
intersection or driveway to ensure unobstructed visibility for drivers and
pedestrians, thereby enhancing traffic safety and reducing the risk of
accidents.
Ordinance No. 690
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I. Vendors are prohibited from persistently and impertinently attempting to
sell food, goods, or merchandise to any individual after that person has
expressed a desire not to make a purchase, ensuring a respectful and non-
coercive environment for the public.
J. No vendor shall impede or obstruct the free movement of any member
of the public on any public sidewalk or street or in any public place.
K. No vendor shall obstruct the visibility of any vehicle traveling upon, from,
or to public streets.
L. No vendor shall sell any items to a captive audience, ensuring that sales
are conducted in a free and voluntary manner.
M. No vendor shall threaten injury or bodily harm to any member of the
public who declines to purchase any items being sold, either by word or
gesture, such that the same would cause a reasonable person fear of injury
to such person or such person's property.
N. No vendor shall sell or attempt to sell to the occupants of vehicles
standing or moving upon any public street or highway. Nothing in this
subsection shall be construed to prohibit sales to the occupants of any
vehicle that is lawfully parked.
O. No vendor shall park or stand any nonmotorized conveyance in violation
of any conditions included in the permit.
P. No vendor shall sell from any nonmotorized conveyance not identified in
the application.
Q. No vendor shall stop, stand or park any nonmotorized conveyance in
violation of any provision of the state Vehicle Code or this Code.
R. To maintain accessibility standards for the city's disabled residents,
every vendor operating on public property must ensure that no obstruction
is placed on public property that would reduce the width of access to less
than 48 inches, exclusive of the top of the curb. No obstruction shall be
located in a sidewalk or public right-of-way less than six feet in width when
the sidewalk is adjacent to the curb.
S. Vendors of food or food products shall possess and display in plain view
on the vending cart or conveyance a valid public health permit from the
county department of public health.
T. A vending permit does not provide an exclusive right to operate within
any specific portion of the public right-of-way.
Ordinance No. 690
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U. No equipment or objects used for vending purposes may be left or
maintained in public spaces or in any portion of the public right-of-way
during the hours stated in subsection C of this section. Any equipment or
objects left overnight in public spaces or in any portion of the public right-
of-way in any residential area will be considered discarded and may be
seized or disposed of by the city.
V. To facilitate the enforcement of this chapter, every vendor must display
their city-issued vending permit on the street-side portion of their pushcart,
stand, display, pedal-driven cart, wagon, showcase, rack, or other
nonmotorized conveyance when operating in the public right-of-way.
W. To prevent unintended rolling or slipping, a vendor is prohibited from
operating a pushcart, pedal-driven cart, wagon, or other nonmotorized
conveyance on a public-right-of-way with a slope greater than five percent.
X. A vendor shall,not engage in the selling of alcohol, marijuana, tobacco
products, products that contain nicotine or any product used to smoke/vape
nicotine or marijuana, to ensure the safety and well-being of the community,
particularly in preventing underage access to harmful substances.
II Y. Vending receptacles shall not touch, lean against, or be affixed at any
time to any building or structure, including, but not limited to, lampposts,
parking meters, mailboxes, traffic signals, fire hydrants, benches, bus
shelters, newsstands, trashcans or traffic barriers, to maintain public safety
and prevent obstruction of public infrastructure.
Z. Stationary sidewalk vendors are prohibited from operating in areas that
are exclusively residential.
AA. A vendor is prohibited from operating within 750 feet of a permitted
certified farmers' market, a permitted swap meet, or any area subject to a
special use permit or special event permit for the duration of the permit, so
as to reduce congestion.
BB. To limit traffic congestion and protect the safety of children traveling to
and from and in and around schools from potential adverse safety impacts
due, in part, to sidewalk congestion, no vendor is permitted to operate within
750 feet of a public or private school during the period extending of one
hour before the start of classes and one hour after the end of classes or
after school activities.
CC. To protect the health and safety of school children, no state-registered
sex offender may operate as a vendor within 750 feet of a public or private
school at any time.
Ordinance No. 690
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DD. A vendor is prohibited from publishing, uttering or disseminating any
false, deceptive or misleading statements or advertisements in connection
with the permitted business.
EE. A vendor shall not conduct the permitted business as a public nuisance.
FF. See section 12.16.170 (Vending, commercial services, and industrial
activities regulated in parks, preserve, beaches, and recreational facilities)
for additional operational procedures for vending in parks, preserves, trails,
trailheads, parking lots, beaches and recreational facilities.
5.28.080. — Violations.
A. The city may revoke a vending permit issued to a vendor for the term of that
permit upon the fourth violation or subsequent violations of any of the
requirements of this ordinance by the permit holder. a
B. A permit may be suspended based on the following grounds:
1. Revocation, suspension, or nonrenewal of the required county health
department permit, if applicable for food vendors. A permit shall not be
reinstated until the applicable health permit is reinstated.
2. If any immediate danger to the public health or safety is found, unless
the danger is immediately corrected, the director may temporarily
suspend the permit and order the operation to cease. The term
"immediate danger to the public health and safety" means any violation
of a county health department permit; any condition, based upon
inspection findings or other evidence, that can cause food infection, food
intoxication, disease transmission or hazardous condition, including, but
not limited to, unsafe food temperature, sewage contamination,
nonpotable water supply, or an employee who is a carrier of a
communicable disease; or the vendor has conducted the vending in a
manner which endangers the public health or safety.
C. A permittee whose permit was revoked shall not be issued a permit for
the same products or general location in accordance with this chapter for
vending within the city for a period of three months for the first revocation,
six months for the second revocation, and one year for the third or
subsequent revocation from the date suspension or revocation becomes
final.
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Ordinance No. 690
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D. Suspension or revocation of a vending permit may be appealed pursuant
to the provisions of Section 5.28.050 of this code. No vending shall be
permitted during the pendency of an appeal.
E. A violation by a vending permit holder of this chapter is punishable only
by the following administrative citations pursuant to Section 1.08.010 of
the RPVMC, provided that a permit may be immediately revoked on the
grounds provided under subsection (A) of this section:
1. An administrative fine not exceeding $100.00 for a first violation.
2. An administrative fine not exceeding $200.00 for a second violation
within one year of the first violation.
3. An administrative fine not exceeding $500.00 for each additional
violation within one year of the first violation.
F. Vending without a vending permit may be punishable by the following
administrative citations pursuant to Section 5.28.080 of the RPVMC in
lieu of the administrative fines set forth in subsection (E) of this section:
1. An administrative fine not exceeding $250.00 for a first violation.
2. An administrative fine not exceeding $500.00 for a second violation
within one year of the first violation.
3. An administrative fine not exceeding $1,000.00 for each additional
violation within one year of the first violation.
G. Upon proof of a valid permit issued by the city, the administrative fines
set forth in subsection F of this section shall be reduced to the
administrative fines set forth in subsection E of this section,
respectively."
Section 3. The City Council finds that this Ordinance is exempt from the
requirements of the California Environmental Quality Act ("CEQA") because: (1) it does
not constitute a "project" under CEQA Guidelines § 15378(b)(2), in that it constitutes
general policy and procedure making; (2) it does not constitute a "project" under CEQA
Guidelines § 15378(b)(5) in that it has no potential for resulting in physical change to the
environment, either directly or indirectly; and (3) in the alternative, it is exempt from CEQA
pursuant to CEQA Guidelines § 15060(c)(2), since the activity will not result in direct or
reasonablyforeseeable indirect physical change in the environment, and Section
pY g
15061(b)(3), since it can be seen with certainty that there is no possibility that this
Ordinance will have a significant effect on the environment.
Section 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or its application to any person or
circumstance, is for any- reason held to be invalid or unenforceable by a court of
111 competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
Ordinance No. 690
Page 9 of 10
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The City Council declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 5. Certification and Posting. The City Clerk shall cause this Ordinance to
be posted in three (3) public places in the City within fifteen (15) days after its passage,
in accordance with the provisions of Section 36933 of the Government Code. The City
Clerk shall further certify the adoption and posting of this Ordinance, and shall cause this
Ordinance and its certification, together with proof of posting, to be entered in the Book
of Ordinances of the Council of this City.
Section 6. Effective Date. This Ordinance shall go into effect at 12:01 AM on the
31St day after its passage.
PASSED, APPROVED and ADOPTED this 3rd day of June, 2025.
dirr
4111)
David Bradley, Mayor
ATTEST:
eresa = aoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. 690 passed first reading on May 20, 2025, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
June 3, 2025, and that the same was passed and adopted by the following roll call vote:
AYES: Ferraro, Lewis, Perestam, Seo and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
-4, , � ,,
Clerk
Ordinance No. 690
Page 10 of 10 ��
• a 4
CI Y OF
NA
lRANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the City Clerk of the
City of Rancho Palos Verdes;
That on June 4, 2025, she caused to be posted the following
document entitled: AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 5.28.010
(PURPOSE), 5.28.030 (DEFINITIONS), 5.28.070 (VENDOR
OPERATIONAL REQUIREMENTS), AND 5.28.080
(VIOLATIONS) OF CHAPTER 5.28 (VENDING ON PUBLIC
PROPERTY) OF TITLE 5 (BUSINESS TAXES, LICENSES
AND REGULATIONS) OF THE RANCHO PALOS VERDES
MUNICIPAL CODE TO UPDATE SIDEWALK VENDING
REQUIREMENTS FOR CONSISTENCY WITH SENATE BILL
NO. 946, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Park
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct
affidavit of posting.
`City Clerk