Sidewalk Vending Ordinance Update
This project is part of the Strategic Roadmap and falls into the strategic priority of Grow the Economy. Specifically, this item relates to the implementation of the following project(s) Project 6, Part 6d: Covid-19 Pandemic Response; Sidewalk Vendor Ordinance.
BACKGROUND:
Senate Bill (SB) 946, also known as the Safe Sidewalk Vending Act, was signed into law on September 17, 2018 by Governor Jerry Brown and effective January 1, 2019. SB 946 adds Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the California Government Code to regulate sidewalk vendors throughout the State, including within the City of Hayward. Sidewalk vending is defined by SB 946 as 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.
Specifically, SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks. SB 946 also prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety, or welfare concerns. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946.
PROJECT SUMMARY:
In order to be in compliance with SB 946, this project will prepare an ordinance to update chapters of the City of Hayward Municipal Code related to sidewalk vending that are currently inconsistent with State law. This project will also establish new time, place, and manner restrictions to regulate sidewalk vendors in the ordinance that are directly related to objective health, safety concerns. In order to do so, this project will engage in outreach efforts in the community and will address the concerns expressed by the community, Council Economic Development Committee, and City Council.
DRAFT ORDINANCE:
On Tuesday, October 10, 2023 the Draft Sidewalk Vendor Ordinance will be introduced to the City Council at the regularly scheduled meeting. The meeting will start at 7 p.m. and will be held at City Hall, 777 B Street, Council Chambers. Please send comments on the Draft Sidewalk Vendor Ordinance to sidewalkvending@hayward-ca.gov.
PROJECT CONTACT:
If you would like to submit comments on the Ordinance or be added to the project’s interest list, you may do so via sidewalkvending@hayward-ca.gov.
If you have any questions, please contact Rozalynne Thompson, Senior Planner, at rozalynne.thompson@hayward-ca.govor (510) 583-5552.
