The purposes of this chapter are:
A.
To establish
a sidewalk vendor permitting and regulatory program in compliance
with Senate Bill 946 (Chapters 459, Statutes 2018), and SB 972, as
those statutes may be amended, while protecting the public health,
safety, and welfare;
B.
The
regulation of individuals peddling goods, wares, merchandise, food
or services on public or private property whether by foot, motorized
or nonmotorized vehicles;
C.
To protect
the public health, safety and welfare against unlawful activities
or operations by individuals falsely representing themselves as peddlers
or sidewalk vendors;
D.
To protect
the public health, safety and welfare by regulating negative land
use, public safety, and traffic impacts. These negative impacts include,
but are not limited to:
1.
An
increase in the amount of litter present and visible on both public
and private property in the City,
2.
Disturbing
landscaping in front, side and backyard setbacks when peddlers walk
across private property,
3.
An
increased risk of vehicle accidents and personal injury when peddling
from motorized vehicles,
4.
Invasion
of personal privacy when motorized vehicles remain parked for long
periods of time in front of a person’s home or business,
5.
Disruption
of the peaceful repose of residents when catering trucks or other
motorized or nonmotorized vehicles emit sounds to gain the attention
of potential customers,
6.
An
increased risk of personal injury when carrying products through a
neighborhood and exposing such items to the public for sale,
7.
An
increased risk that the food items or products being offered for sale
in the City are not handled, prepared or stored in sanitary conditions,
8.
Interference
with the performance of police, fire, or other emergency services,
and
9.
Interference
with the flow of pedestrian or vehicular traffic including ingress
to, and egress from, any residence, public building, place of business,
from the street to public sidewalk, or persons exiting or entering
parked or standing vehicles;
E.
To balance
the rights and interests of those engaged in commercial and nonprofit
activities with the rights and interests of those who do not want
to be disturbed by such activities on private and public property;
F.
The
purpose and intent of this chapter is to regulate the sale of goods,
merchandise, wares, food, and non-food items within the City by peddlers
and sidewalk vendors;
G.
To mitigate
hazards posed by commercial signs to pedestrians and motorists, and
to preserve community aesthetics and appearance;
H.
The
City Council finds that the unique conditions of the City of Desert
Hot Springs require certain restrictions on sidewalk vending, as defined
in this chapter, as follows:
1.
The corridor on Palm Drive between Pierson Boulevard and Camino Aventura is a major thoroughfare within the City of Desert Hot Springs that since 2007, has had 12 fatal traffic collisions. This corridor is subject to unique conditions such as increased speed, fewer traffic control devices and bus stops placed in areas not located near a marked crosswalk. The City Council has since established a safety enhancement zone along this corridor pursuant to Chapter 12.28 of the Desert Hot Springs Municipal Code. The effect of this safety enhancement zone designation, among other things, is to double fines for traffic violations. Restrictions on sidewalk vending along this corridor are necessary to protect the public from injury due to the unique circumstances of this corridor,
2.
Since
2003, the City of Desert Hot Springs has experienced an increase in
traffic collisions, involving vehicle vs. vehicle, vehicle vs. bicyclist
and vehicle vs. pedestrian. Between years 2003-2012, there were 18
bicycle collisions and 52 pedestrian collisions that occurred in the
City. In 2016, there were seven fatal traffic collisions and in 2017
there were eight fatal traffic collisions. Restrictions on sidewalk
vending throughout the City of Desert Hot Springs are necessary to
protect the public health and safety from traffic collisions,
3.
Many
of the City’s parks provide recreational opportunities and restrictions
on sidewalk vending are necessary to protect the natural resources,
recreational opportunities, as well as scenic and natural character
of these parks. Restrictions on sidewalk vending at public parks are
necessary to protect the health, safety and welfare of those persons
engaged in recreational activities, the natural character of parks,
and the natural resources of parks.
(Prior code § 120.01; Ord. 682 3-5-19; Ord. 694 10-15-19; Ord. 803, 6/4/2024)