DATE: June 18, 2024
TO: Mayor and City Council
FROM: Development Services Director
SUBJECT
Title
Sidewalk Vendor Ordinance: Introduce an Ordinance Amending Chapter 6, Article 16 of the Hayward Municipal Code Regarding the Regulation and Enforcement of Sidewalk Vendors by Amending Sections 6-16.70 and 6-16.80 and adding 6-16.90.
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RECOMMENDATION
Recommendation
That the City Council introduces an Ordinance (Attachment II) amending Chapter 6, Article 16 of the Hayward Municipal Code regulating the enforcement of Sidewalk Vendors, by amending Sections 6-16.70 and 6-16.80 and adding 6-16.90.
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SUMMARY
On October 17, 2023, the City Council adopted an ordinance to amend the Hayward Municipal Code (HMC) to align the HMC with SB 946 (“Safe Sidewalk Vending Act”) and allow sidewalk vending activities in the City. A component of the ordinance was the creation of Chapter 6, Article 16 “Sidewalk Vendors” in the HMC. The new chapter established a regulatory framework for all sidewalk vendors operating within the public right-of-way in order to maintain public health, safety, and general welfare. Part of the regulatory framework included the establishment of a permitting program for sidewalk vending activities, known as the Sidewalk Vending Permit. The ordinance went into effect November 17, 2023.
The current enforcement procedure in Section 6-16.70 of the HMC is an alternative procedure to the administrative citation procedure set forth in Section 1-3.07 of the HMC. The current enforcement procedure of the sidewalk vending ordinance allows the City to take a more inclusive and collaborative approach with the sidewalk vendor that focuses on education and awareness of City regulations. However, the current procedure does not have a mechanism to address sidewalk vending activities that pose an imminent health and safety risk to the public. The existing public nuisance regulations of the HMC do not provide sufficient tools to address nuisances created by sidewalk vendors. To address that issue, staff is proposing an update to the enforcement portion of the Sidewalk Vendor Ordinance to give
the City the authority to impound food and equipment if the vendors are unlicensed, which may pose a risk to the public health and safety.
ATTACHMENTS
Attachment I Staff Report
Attachment II Sidewalk Vendor Ordinance Amended