a. Prohibiting sidewalk vending in streets and medians is necessary to protect the health and safety of vendors, because they are at risk of being struck by vehicles and/or causing vehicular accidents if they vend in streets or medians.

b. Limiting sidewalk vendors’ hours of operation within residential neighborhoods to daylight hours consistent with a residential atmosphere is necessary to protect the safety of sidewalk vendors and residents who would be more vulnerable to criminal activities during evening hours, and also to promote the welfare of the residents by prohibiting commercial activities and associated noise and traffic during hours when residents should be able to enjoy peace and quiet. Further, preventing stationary sidewalk vendors in residential neighborhoods and limiting the amount of time a roaming sidewalk vendor may stay in one (1) location within a residential neighborhood is necessary for the welfare of the residents of the City, because allowing sidewalk vendors to operate at a fixed location in residential neighborhoods may subject residents to increased noise and traffic, which may be appropriate for commercial areas, but will interfere with the peace and quiet that residential occupants should enjoy while in their homes.

c. Limiting sidewalk vendors’ hours of operation in commercial areas to daylight hours or to the same hours as other open businesses in the vicinity where the sidewalk vendor operates in the evening hours is necessary to protect the vendors’ health and safety, as they are more vulnerable to crime during nighttime hours, especially if operating where no other businesses are open.

d. Prohibiting soliciting on streets adjacent to schools during hours when school children are present is necessary to protect the health and safety of the school children, because vendors operating at close proximity to schools may attract unsupervised children to run into traffic in order to reach the vendor and be injured or killed in the process. Such activity would also pose a hazard to motorists who may stop suddenly or swerve to avoid hitting children, resulting in injury to those motorists.

e. Preventing soliciting from residences with “No Solicitation” or “Do Not Disturb” signs protects the health and welfare of those who wish to avoid commercial activities while in their residences from unwanted interruptions.

f. Preventing sidewalk vendors from physical contact without permission from persistently soliciting a person after the person rejects the offer, and from threatening injury or damage to a person while vending or soliciting are necessary to protect the safety and health of persons who may feel threatened or in physical danger if these activities occur.

g. Preventing sidewalk vendors from intentionally obstructing the free movement of people on any street, sidewalk, or other place open to the public is necessary to protect the health, safety, and welfare of those who may be seeking emergency services or who are otherwise uninterested in the goods or services offered and desire to pass through the public area unimpeded.

h. Preventing soliciting from a captive audience is necessary to protect the health, safety, and welfare of those people who are not able to walk away or otherwise retreat from an unwanted solicitation.

i. Preventing sidewalk vendors from using sound amplifying devices is necessary to protect the welfare of residents and visitors to the City by preventing excessive noise from disturbing the peace and quiet of residential areas or from an accumulation of excessive noise in commercial and other areas. Further, sound amplifying devices may cause traffic hazards by distracting drivers resulting in automobile accidents and harm to pedestrians, so prohibiting their use is necessary for the health and safety of motorists and pedestrians.

j. Denying sidewalk vendor licenses to applicants who have been convicted of crimes of moral turpitude is necessary to protect the health, safety, and welfare of the public, in order to prevent those applicants from repeating offenses of moral turpitude while operating mobile businesses, which grants sidewalk vendors access to more members of the public and, because of the mobile nature of the businesses, to elude law enforcement because mobile vendors may hide and flee easier than stationary, fixed business owners. (Ord. #216-2019, S3)