HomeMy WebLinkAboutStaff Report 2308-19634.Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to
Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for
Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and
Regulations) of the Palo Alto Municipal Code to Comply With Updates to the Law,
Including 2018 Senate Bill 946 (Sidewalk Vendors). CEQA status – categorically exempt.
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: December 11, 2023
Report #:2308-1963
TITLE
Adoption of an Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of
Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial
Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto
Municipal Code to Comply With Updates to the Law, Including 2018 Senate Bill 946 (Sidewalk
Vendors). CEQA status – categorically exempt.
RECOMMENDATION
Staff recommends that the City Council approve the attached Ordinance amending Chapters 4.10
(Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and Chapter 4.32
(Soliciting Information for Commercial Purposes); and Adding Chapter 4.12 to Title 4 (Business
Licenses and Regulations) to comply with various updates to state and federal laws. The
ordinance will implement a sidewalk vending program, eliminate licenses for solicitors and
peddlers, and amend outdated laws related secondhand dealers.
EXECUTIVE SUMMARY
This ordinance will bring the City into compliance with the Safe Sidewalk Vending Act, Senate Bill
(SB) 946, which provides specific provisions for how local governments may regulate sidewalk
vendors, and it is intended that local governments will adopt local rules that meet those
provisions. Staff recommends regulation around the definition, location and operations of
sidewalk vendors for community health, safety, and welfare. The absence of an updated code
that meets the provisions of SB 946 currently prohibits the City from enforcing certain behaviors
that impact these conditions. Should City Council adopt this ordinance, staff recommends an
education-before-enforcement approach and anticipates that will resolve most, if not all,
compliance issues. The Police Department would be responsible for education and enforcement.
In addition, this ordinance will also update other aspects of Title 4 (Business Licenses and
Regulations) in order to comply with changes to the law and practices in the past several years.
Licenses will no longer be required for solicitors and peddlers, as well as certain types of
mechanical amusements. Local law on secondhand dealers will now reference state law, which
has largely taken over regulation of such businesses.
BACKGROUND
In 2018, the State of California enacted SB 946, which requires local agencies to allow sidewalk
vendors. The law defines a sidewalk vendor 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.” It further
defines that a sidewalk vendor can be either stationary and/or roaming. See Gov. Code section
51036 et seq.
SB 946 prohibits local authorities from requiring a sidewalk vendor to operate within specific
parts of the public right-of-way, except where that restriction is directly related to objective
health, safety, or welfare concerns. SB 946 specifies that perceived community animus or
economic competition does not constitute an objective health, safety, or welfare concern. The
law also prohibits restricting sidewalk vendors to operate only in a designated neighborhood or
area, except where that restriction is directly related to objective health, safety, or welfare
concerns. A local authority may prohibit stationary sidewalk vendors - defined as vendors who
vend from a single location - in exclusively residential areas, but shall not prohibit roaming
sidewalk vendors, who stop moving only to complete a sale. A local authority may also prohibit
stationary sidewalk vendors from vending in a park only if that local authority has signed an
agreement for concessions that exclusively permits the sale of food or merchandise by the
concessionaire.1
Staff has been responding to a recent modest increase in sidewalk vendor activity, predominantly
during the evening and late-night hours in the downtown area. Complaints have focused on
refuse left on private and public property, people dining in the parklets of closed restaurants, and
carts blocking pedestrian traffic on a public sidewalk.
ANALYSIS
SB 946 provides an opportunity for the City Council to update the Palo Alto Municipal Code
(PAMC) with regulations to protect the health, safety, and welfare of the community.
To align with State law, staff researched what other cities were legislating to address the issue.
Staff conducted an informal survey of the laws established by the cities of Burlingame, San Jose,
Santa Cruz and Los Angeles. Each city created local laws, with how the laws are enforced varying
by city. Palo Alto staff is confident that the terms of the proposed ordinance will address the
concerns currently being reported, and that an education-first approach to enforcement is
appropriate. If vendors remain non-compliant after education on the ordinance, the Police
1 SB-946 Sidewalk vendors 08/21/18- Senate Floor Analyses
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml#
Department could issue an administrative citation as a last resort. Police Department response
to these calls would be on a complaint basis only.
The proposed ordinance would include the following elements:
•Restrict the location of sidewalk vendors from being within 100 feet of:
▪Community markets such as swap meets and certified farmer’s markets
▪Locations with a temporary special event permit
▪Schools during instructional time
▪City-owned parks with concession contracts
•Restrict placement of operations where it would:
▪Impeded normal City business such as inspections
▪Block loading zones
▪Impede pedestrian access from curbside vehicles
▪Impeded ADA assistance features
▪Block access to crosswalks
▪Impede access to or the public’s enjoyment of City parks
The City Manager may promulgate additional regulations regulating the size, placement, and
operational requirements of sidewalk vendors. This will allow staff to address issues that may
come up in the future, including those that relate to outdoor dining and parklets. The City has
already developed regulations for parks in to protect the public’s enjoyment of the parks and
prevent an undue concentration of vendors, as permitted by SB 946.2
If the City does not implement these changes to the municipal code and provide enforcement,
the City could expect continued complaints about late-night sidewalk vendor activity. Refuse
could continue to accumulate in or around public or private property.
Separately, several other sections of Title 4 (Business Licenses and Regulations) have been
amended due to changes to state and federal laws, as well as to reflect current practices. First,
licenses for solicitors and peddlers will no longer be mandated. Second, secondhand dealers will
be subject to applicable state law, and local laws which are now redundant will be deleted. Third,
mechanical amusement devices will no longer be regulated by the Police Department.
POLICY IMPACT
This work is consistent with the priorities the City Council adopted for FY 2023 and extended to
FY 2024 around economic recovery and community health and safety.
2 See Parks and Recreation Commission packet
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9916&compileOutputType=
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FISCAL/RESOURCE IMPACT
The ordinance was prepared using existing City staffing resources. No additional staff or budget
resources are necessary to adopt and codify the ordinance. If adopted, staff would be available
to conduct community outreach regarding the new regulatory requirements; this too could be
absorbed in the Police Department’s budget.
Police Department staff would be involved in the enforcement of this ordinance on a complaint
basis, only because sidewalk vendor activity usually occurs on nights and weekends – beyond the
customary work schedule of Code Enforcement staff in the Planning Department. Staff is not able
to determine with any accuracy, how much time will be diverted from existing law enforcement
activity, but it is not anticipated to be significant
Staff anticipates evaluating the enforcement needs of the program after the passage of the
ordinance and, if appropriate, will return to the City Council with updates and additional resource
needs through the budget process.
If the City Council were interested in directing staff from a department other than the Police
Department to enforce this ordinance, additional fiscal impact analysis would be required. It is
anticipated city enforcement would substantially impact the City’s Code Enforcement program,
require additional managerial support in Planning, and have significant resource impacts to the
City Attorney’s office.
The Municipal Fee schedule includes fees for pushcart vendor permit applications, but no
applications have been received in the last five years, so the Department has not budgeted for
the revenue nor collected the fees. The fee schedule will be updated in the next budget cycle to
remove the pushcart fees. Staff is not recommending application fees for the newer sidewalk
vendor activity at this time.
STAKEHOLDER ENGAGEMENT
The Parks and Recreation Commission met on May 25, 2021 and formed an ad hoc committee
to draft regulations under the guidance of AB 9463. On September 28, 2021, the Commission
approved the proposed regulations and recommended the City Manager approve the updated
Open Space and Park Regulations to add new Regulation R1-41 (“Sidewalk Vendors”)
(Attachment B) upon the City Council’s adoption of a sidewalk vendor ordinance.4
3 Parks and Recreation Commission, May 25, 2021, Item #4
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9944&compileOutputType=
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4 Parks and Recreation Commission, September 28, 2021, Item #5
https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=9916&compileOutputType=
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ENVIRONMENTAL REVIEW
Adoption of this ordinance is categorically exempt under CEQA guidelines 15301 (existing
facilities) and 15323 (normal operations of facilities for public gatherings).
ATTACHMENTS
Attachment A: Ordinance Amending Chapters 4.10 (Licenses Obtained by Application to Chief of
Police), 4.30 (Soliciting Funds), and Chapter 4.32 (Soliciting Information for Commercial
Purposes); and Adding Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo
Alto Municipal Code
Attachment B: Park regulations - Recommended by the PRC September 28, 2021
APPROVED BY:
Andrew Binder, Police Chief
*NOT YET APPROVED*
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapters 4.10
(Licenses Obtained by Application to Chief of Police), 4.30 (Soliciting Funds), and
Chapter 4.32 (Soliciting Information for Commercial Purposes), and Adding
Chapter 4.12 to Title 4 (Business Licenses and Regulations) of the Palo Alto
Municipal Code to Regulate Sidewalk Vendors, Remove License Requirements for
Solicitors and Peddlers, and Update Requirements for Secondhand Dealers
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City currently regulates various types of mobile and stationary vendors in Chapter
4.10 (Licenses Obtained by Application to Chief of Police), including solicitors, peddlers,
and pushcart vendors;
B. In 2018, the State of California enacted SB 946, which regulates sidewalk vendors under
state law (See Gov. Code section 51036 et seq.);
C. SB 946 permits local authorities, including charter cities like the City of Palo Alto, to
regulate specific aspects of sidewalk vendors in accordance with the provisions of SB 946
(See Gov. Code section 51038(a));
D. SB 946 requires the City to allow sidewalk vendors to vend in City owned or operated
parks unless the City has an exclusive concession agreement in that park (See Gov. Code
section 51038(b)(2));
E. In order to protect the health, safety, and welfare of the City, the Council intends to
regulate sidewalk vendors as detailed in this Ordinance.
F. In order to protect the health, safety, and welfare of the City, the Council intends to limit
the operation of sidewalk vendors near schools during instructional hours to prevent
distraction or interference with school instruction.
G. In addition, in order to comply with various other updates to the law, the City now intends
to amend its requirements for solicitors, peddlers, and secondhand dealers.
SECTION 2. Chapter 4.10 (Licenses Obtained by Application to the Chief of Police) of Title 4
(Business Licenses and Regulations) is hereby amended as follows (additions are underlined,
deletions are in strikethrough):
Chapter 4.10
Licenses Obtained by Application to Chief of Police
Solicitors, Peddlers, Pawnbrokers, Secondhand Dealers, and Other Businesses Regulated by
Police
4.10.010 Application to chief of police.
(a) Applications for licenses for businesses described in this chapter shall be made to the
chief of police and shall be sworn and in writing and shall contain be on a form designated by
the Police Department. the following information:
(1) Name and description of the applicant;
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(2) Address (legal and local);
(3) A brief description of the nature of the business and the goods to be sold, and, in case of
products of farm or orchard, whether produced or grown by the applicant;
(4) If employed, the name and address of the employer, together with credentials
establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) If a vehicle is to be used, a description of the same, together with California state vehicle
license number or other means of identification;
(7) Applicants for solicitors' and peddlers' permits shall be fingerprinted and shall supply the
chief of police with two photographs of the applicant within sixty days prior to the date of the
filing of the applications, which pictures shall be two inches by two inches, showing the head
and shoulders of the applicant in a clear and distinguishing manner;
(8) A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor;
(9) Such other information as the chief of police may deem necessary for the proper police
protection of the city.
4.10.020 Solicitor defined.
A "solicitor" is any person, whether a resident of the city or not, traveling either by foot,
wagon, automobile, motor truck or any other type of conveyance, from place to place, from
house to house, or from street to street, taking or attempting to take orders for sale of goods,
wares and merchandise, personal property of any nature whatsoever, for future delivery, or for
services, whether or not such individual has, carries or exposes for sale a sample of the subject
of such sale or whether he is collecting advance payments on such sales or not.
4.10.025 Peddler defined.
A "peddler" is a person, whether a resident of the city or not, traveling by foot, wagon,
automotive vehicle or any other type of conveyance, from place to place, from house to house,
or from street to street, carrying, conveying or transporting goods, wares, merchandise, fruits,
garden truck, farm products or provisions, offering and exposing the same for sale, or making
sales and delivering articles to purchasers. The word "peddler" includes the words "hawker"
and "huckster."
4.10.030 Pushcart defined. Reserved.
A "pushcart" is a wagon, cart or mobile stand, entitled under this chapter to a stationary
location on a public sidewalk, and intended for the sale of flowers or food.
4.10.035 Pushcart vendor defined. Reserved.
A "pushcart vendor" is a person licensed pursuant to this chapter, who offers food intended
for immediate consumption or flowers for sale from a wagon, cart or mobile stand from a
stationary location on a public sidewalk.
4.10.040 License fees for solicitors and peddlers. Reserved.
A daily, quarterly, or annual fee for soliciting or peddling shall be levied. Additional licenses
may be issued to employees of a license holder on the payment of an annual fee for each
*NOT YET APPROVED*
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employee after approval and investigation by the chief of police. All fees shall be as set forth in
the municipal fee schedule.
4.10.045 License fees for pushcart vendors. Reserved.
A daily or quarterly fee shall be levied upon the owner of a pushcart. The owner of multiple
pushcarts shall pay a fee and obtain a license for each pushcart. Additional licenses shall be
issued to employees or lessees of a pushcart owner on the payment of an annual fee for each
employee, after approval and investigation by the chief of police, or designee. All fees shall be
as set forth in the municipal fee schedule.
4.10.050 Regulations for solicitors Solicitors and peddlers - regulations.
(a) No peddler or solicitor, nor any person in his behalf, shall shout, make an outcry, blow a
horn, ring a bell or use any sound device or musical instrument, including any loud-speaking
radio or sound-amplifying system, upon any of the streets, alleys, parks or other public places
of the city or upon any private premises in the city where sound of sufficient volume is emitted
or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places, for the purpose of attracting attention to any goods, wares or
merchandise which such licensee proposed to sell.
(b) No peddler or solicitor shall have any exclusive right to any location in the public streets,
nor shall he be permitted a stationary location, nor shall he be permitted to operate in any
congested area where his operations might impede or inconvenience the public. For the
purpose of this title, the judgment of a police officer, exercised in good faith, shall be deemed
conclusive as to whether the area is congested or the public impeded or inconvenienced.
(c) No person shall sell or offer for sale goods, wares or merchandise from vehicles upon any
of the public streets of the city; provided, however, that the prohibition contained in this
section does not include the peddling from door to door from vehicles of fresh food products of
farm or garden, nor bona fide deliveries of goods, wares, merchandise or food made on a
regular route to regular customers.
(d) No person shall solicit or peddle from six p.m. to nine a.m., or at any time when a sign has
been posted on a building stating: "No solicitors or peddlers," except that a licensed solicitor or
peddler may call upon the occupant of a residence at other times when he has received express
prior permission from such occupant to do so.
(e) While soliciting or peddling, no person shall represent that all or a portion of the
proceeds from such solicitation or peddling will be used for charitable, religious, educational,
community, recreational, political or similar nonprofit purpose or are to be transmitted to any
person, firm or corporation for any such purpose unless such person is licensed under Chapter
4.30 of this code.
4.10.051 Reserved.
4.10.052 Reserved.
4.10.055 Identification cards for solicitors and peddlers. Reserved.
(a) Contents. The holder of any peddler or solicitor license shall furnish each person engaged
in the licensed activity with a suitable identification card or badge. The cards or badges shall
contain such information as the chief of police deems necessary, but shall include at least the
following:
*NOT YET APPROVED*
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(1) The name of the licensee;
(2) The name of the main license holder, if different;
(3) The nature of the licensed activity;
(4) The product or service being peddled or solicited.
(b) Acts Required. Such cards or badges shall be produced on demand of the chief of police
or any member of the police department. Immediately prior to each peddling or solicitation
activity, every person licensed as a peddler or solicitor shall do all of the following in the order
prescribed:
(1) Present his identification card or badge to the potential customer;
(2) Request that the potential customer read the identification card or badge;
(3) Inform the potential customer in clear language of the nature and purpose of the visit.
4.10.057 Regulations for pushcart vendors. Reserved.
Subject also to the regulations and procedures contained in Chapter 4.04, licenses may be
granted to pushcart vendors in accordance with the following criteria and procedures:
(a) Use. Pushcart vendors shall be restricted to the sale of food intended for immediate
consumption or flowers.
(b) Location and Clearance.
(1) Pushcart vendors shall be permitted on public sidewalks except:
(A) Within residentially zoned districts;
(B) Within one hundred feet of school sites;
(C) At locations adjacent to city libraries, community centers, the Cultural Center, public
safety facilities and city-owned utility facilities;
(D) At locations adjacent to dedicated parks, other than sidewalks adjacent to Lytton Plaza
and Cogswell Plaza; and
(E) On designated bicycle paths.
(2) Pushcart vendors shall be permitted in the area on the west side of Embarcadero Road
adjacent to the Palo Alto Airport.
(3) No pushcart vendor shall be located in a manner that:
(A) Impedes access to any city inspection, maintenance and operational devices or controls;
(B) Blocks curbside access to a loading zone, as defined in Section 10.40.010;
(C) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk.
(4) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of
the downtown zoned public facility (PF), no pushcart vendor shall be permitted within a
minimum sidewalk clearance width of eight feet between fixed objects, planter wells and/or
curbs. Other than in the above locations, the minimum sidewalk clearance width for a pushcart
shall be at least half of the sidewalk but not less than three feet.
(5) No pushcart vendor shall be permitted on a public sidewalk within a distance of ten feet
from corner curb lines and corner crosswalks.
(6) No pushcart vendor shall be permitted to locate:
(A) Less than five feet from the nearest display window; or
(B) Less than twenty-five feet from another pushcart vendor.
(7) Except on sidewalks adjacent to Lytton Plaza, no food pushcart vendor shall be permitted
to locate within one hundred feet of a restaurant or food market and no flower pushcart
vendor shall be permitted to locate within one hundred feet of a flower or plant shop. On
sidewalks adjacent to Lytton Plaza, a food pushcart vendor shall be located at least fifty feet
*NOT YET APPROVED*
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from a restaurant or food market and a flower pushcart vendor shall be located at least fifty
feet from a flower or plant shop.
(8) In nonpublic sidewalk locations, a pushcart vendor shall be situated in a manner that
does not obstruct traffic and that assures safe vehicular and customer access.
(c) Size and Signage.
(1) A pushcart structure shall not exceed five feet in height and eight feet in length.
(2) Soft umbrellas or canopies which are open on four sides shall be permitted but shall not
exceed eight feet in height, measured from ground level.
(3) All signs shall be placed on the pushcart structure; no signs shall be permitted on ancillary
umbrellas or canopies. Freestanding signs, illuminated signs or flashing lights shall be
prohibited.
(d) Operations.
(1) No pushcart vendor shall sell food or flowers from eight p.m. to seven a.m. The pushcart
shall be removed from its assigned location by eight p.m.
(2) No fires and open flame heating equipment, incidental to the operations of the pushcart,
shall be permitted.
(3) No pushcart vendor shall shout, blow a horn, ring a bell or use any sound device or
musical instrument, including any loud-speaking radio or sound-amplifying system, for the
purpose of attracting attention to any goods or merchandise on sale from the pushcart.
(4) No pushcart vendor shall represent that all or a portion of the proceeds from the
pushcart sales will be used for charitable, religious, educational, community, recreational,
political or similar nonprofit purpose or are to be transmitted to any person, firm or corporation
for any such purpose unless such vendor is licensed under Chapter 4.30 of this code.
(5) A pushcart vendor shall comply with all applicable federal, state or local laws including
the regulations of the Santa Clara County health department.
(e) License Application Issuance and Revocation. Procedures for the application for issuance
of and revocation of a pushcart vendor license shall be in accord with the provisions of Chapter
4.04; provided, that the following additional regulations shall apply:
(1) The application shall contain a statement of intended use, a map showing location and
clearance distances, and a sketch of the proposed pushcart showing dimensions and intended
colors.
(2) The application shall include a certificate of insurance in an amount and form satisfactory
to the city loss-control manager and a hold harmless and indemnity agreement in favor of the
city.
(3) A complete application for a pushcart vendor license shall be reviewed by the city staff
for a determination as to whether such application complies with the regulations contained in
this chapter. Such review shall include a referral to the design staff of the department of
planning and development services for review and comment. The design of the pushcart shall
be evaluated on its own merits rather than for its compatibility with the character of nearby
building facades.
(4) Conditions of approval may be imposed on pushcart vendor licenses where they are
required for the maintenance of the public health, safety and welfare.
(5) The chief of police, or designee, may revoke the pushcart vendor license if he or she
determines that the conditions of the license or any provisions of this chapter are being
violated, or if municipal use of the sidewalk is required for reasons of public safety or
convenience. In the case of a revocation, the licensee shall be notified.
*NOT YET APPROVED*
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(f) Penalty. Any person, firm or corporation violating any provision of this chapter is guilty of
a misdemeanor and, upon conviction thereof, shall be punishable as provided by law.
(g) Effect of Section. Pushcart vendors who have valid licenses on the effective date of this
section, pursuant to prior regulations or guidelines applicable to peddlers, but whose pushcart
structures exceed the size requirements contained in Section 4.10.057(c), shall be allowed to
process license renewals and continue the use of the pushcart for a period not to exceed five
years from the effective date of this section.
4.10.058 Reserved.
4.10.060 Reserved.
4.10.070 Circuses, carnivals and traveling shows– Fees.
(a) Every person conducting a circus, carnival, traveling show, rodeo, or any other like or
similar exhibition or amusement shall obtain a special event permit and pay a fee as set forth in
the municipal fee schedule.
(b) The proprietor or manager of any circus, carnival or of any traveling show or device shall,
in addition to the payment of the license fees required, deposit with the treasurer of the city
either five thousand dollars in cash, lawful money of the United States, or a surety bond in the
sum of five thousand dollars, issued by a surety company acceptable to the treasurer, to insure
the payment to the city for any damage to city property occasioned by the operation of such
circus, carnival or traveling show within the limits of the city, including damages occasioned by
the entrance into or exit from the city by said circus, carnival or traveling show, and to insure
the removal, within forty-eight hours after leaving the city, of any signs, placards or advertising
matter placed upon any property within the city limits by the authority of any such persons.
4.10.080 Reserved.
4.10.090 License exemptions. Reserved.
(a) No license shall be required of the following:
(1) Any person who peddles to, or solicits orders from, a regularly established business in the
city; provided, however, that the product or service sold must be for resale or use in the
business;
(2) Any person who peddles or solicits orders for fresh food products of farm or garden
grown by himself;
(3) Any person who solicits orders for newspapers to be delivered personally by himself on a
regular route to customers or subscribers;
(4) Any person entitled to a license exemption under Chapter 4.04 of this title.
4.10.100 Fee exemptions under Business and Professions Code section 16001.
In order to claim a license fee exemption as a veteran, as specified in Sections 16001 and
16001.5 of the Business and Professions Code of the state, or any license fee exemption
required by state or federal law, the applicant shall file with the city treasurer an affidavit or a
declaration under penalty of perjury, on the form provided by him, establishing the facts
entitling the applicant to such fee exemption. The treasurer City may require proof of such
facts. The denial of the application and any appeal from such denial shall be governed by the
procedures in Chapter 4.04 of this title.
*NOT YET APPROVED*
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4.10.110 Mechanical amusement devices - Definitions. Reserved.
The following words and phrases, whenever used in this chapter, shall have the following
definitions:
(a) "Arcade" means any establishment open to the public in which six or more mechanical
amusement devices are located, or similar devices for which a consideration or admission fee is
charged to play or operate, whether in conjunction with sales of goods, wares, merchandise, or
services or otherwise, regardless of whether the use of such devices constitutes the principal or
only business operated upon the premises involved.
(b) "Mechanical amusement device" means any machine or device which, upon the insertion
of a coin, slug, or token in any slot or receptacle attached to said machine or connected
therewith, operates or may be operated for use as a game, contest, or amusement, or which
may be used for any such game, contest, or amusement. This term includes any similar device
for which a fee or any consideration is charged to play, whether in conjunction with sales of
other merchandise, goods, wares, or services, or otherwise. Machines which only play recorded
music, provide a ride or dispense a uniform quantity of merchandise are not included under this
definition.
4.10.120 Arcade prohibited - License required for mechanical amusement devices. Reserved.
No arcade shall be permitted in the city, except that any licensee may continue to install,
operate or maintain the number of mechanical amusement devices located in such licensee's
premises on May 8, 1977. The licensee or applicant therefor shall have the burden of
establishing the precise number of mechanical amusement devices located in any premises on
May 8, 1977, and any such license may be denied by the chief of police for failure to sustain
such burden. No person shall install, operate, or maintain any mechanical amusement device,
including those in existence or operation prior to May 8, 1977, without obtaining a license to do
so on or before July 1, 1977, for the ensuing year. The provisions of Chapter 4.04 shall apply to
all licenses required by this chapter and to the renewal, suspension, or revocation of licenses,
and in all other respects, except as expressly provided herein to the contrary.
4.10.130 License application fee. Reserved.
Any application for any mechanical amusement device license required in this chapter, new or
renewal, shall be accompanied by a nonrefundable fee as set in the municipal fee schedule. The
application fee shall be used to defray, in part, the costs of investigation and report, and is not
in lieu of any other fees or taxes required under this code. No fee shall be prorated for any
reason.
4.10.140 License term - Nontransferability. Reserved.
Mechanical amusement device licenses required by this chapter shall be issued for one year,
commencing July 1st of each year, and shall not be transferable.
4.10.150 Increased closing hours. Reserved.
In addition to any other remedy provided herein or by Chapter 4.04, the chief of police shall
have the power, after hearing, for any violation of the duties of a licensee, to impose closing
hours longer than otherwise provided for the business premises in which mechanical
amusement devices are located. Such closing hours shall not constitute a penalty, and may be
in addition to, or in whole or partial suspension of, any penalty provided elsewhere in this code.
*NOT YET APPROVED*
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4.10.160 Reserved.
4.10.170 Reserved.
4.10.180 Reserved.
4.10.190 Reserved.
4.10.200 Pawnbrokers prohibited.
It is unlawful for anyone to carry on the business of pawnbroker within the city. For the
purpose of this section, a pawnbroker shall have the same meaning as defined in California
Financial Code section 21000.
4.10.210 Secondhand dealer defined.
"Secondhand dealer" means any person principally engaged in conducting, managing or
carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and
merchandise as defined in this chapter. shall have the same meaning as defined in California
Business and Professions Code section 21625 et seq.
4.10.220 Secondhand goods, wares and merchandise tangible personal property defined.
"Secondhand goods, wares and merchandise tangible personal property" shall not include
rags, bottles other than milk or cream bottles, sacks other than cement sacks, barrels, cans,
shoes, books, lamps, stoves or household or office furniture, with the exception of sewing
machines, musical instruments, typewriters, portable radios and televisions or any motor
vehicle, trailer, or semitrailer which has been registered in California, as required by law. shall
have the same meaning as defined in California Business and Professions Code section 21625 et
seq.
4.10.225 Secondhand dealer – license required.
A license is required to operate as a secondhand dealer. Applications must be made the
Chief of Police and are subject to all requirements in state and local law, including Business and
Professions Code section 21625 et seq. and the provisions of this Chapter. Any fee authorized
by the Municipal Fee Schedule and/or state law must be paid prior to issuance of the license.
4.10.230 Daily report of purchases by secondhand dealer Secondhand dealers - regulations.
Secondhand dealers must follow all applicable laws, including Business and Professions Code
section 21625 et seq.
(a) Every secondhand dealer shall, on each day, except Sundays and legal holidays, before
the hour of ten a.m., make and deliver to the chief of police in writing a full, true and complete
report, in chronological order, of all dealings in secondhand goods, wares and merchandise by
such secondhand dealer within the city during the twenty-four hours next preceding said
report, together with the time of day when purchased or received, a complete description of
each article purchased or received, and a description of the person or persons from whom
purchased or received or with whom dealt, and also the true name of such person or persons as
nearly as the same is known to or can be ascertained by the person making such report. If any
such article purchased or received has engraved or stamped thereon any number, word or
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initial, or contains any setting of any kind, the description of such article shall contain such
number, word or initial, and shall show the kind of setting or settings and the number of each
kind.
(b) The report required in this section shall be made upon a form to be furnished free of
charge by the chief of police. The chief of police shall cause blank forms to be printed
containing spaces with the proper captions for the furnishing of the information required by
this chapter.
(c) The chief of police, upon receipt of said report, shall file the same in some secure place in
his office, and the reports shall be open to inspection only to members of the police
department, or any other law enforcement agency, or by others upon an order of a court of
competent jurisdiction made for that purpose.
4.10.240 Copies of report kept by dealer. Reserved.
Every secondhand dealer shall keep at his place of business a copy of every report required by
Section 4.10.230 hereof, and such copy shall be open at all times during business hours to the
inspection of the chief of police or any member of the police department or any officer
authorized by law. The report shall be in book form, and each transaction shall be kept in
chronological order.
4.10.250 Reports and records in English language. Reserved.
Every report and record required by the provisions of this chapter to be filed, kept or made
shall be written or printed entirely in the English language in a clear and legible manner and
shall be made out at the time the transaction is made.
4.10.260 Failure to make report. Reserved.
It is unlawful for any secondhand dealer or for any agent or employee of such secondhand
dealer to fail, refuse, or neglect to file a report, as required herein, in the manner, form, at the
time and in all respects in accordance with the requirements of this chapter, or to fail, refuse,
or neglect to exhibit to the chief of police, or to any member of the police department, or to
any officer authorized by law, immediately upon demand, any such record or report, or any
goods, wares, and merchandise so purchased or received by such secondhand dealer, or by any
agent or employee of such secondhand dealer.
4.10.270 Goods held for inspection. Reserved.
All goods, wares and merchandise purchased or received by any secondhand dealer shall be
held for a period of at least twenty days after purchase or receipt before the same shall be sold
or otherwise disposed of, and during such twenty-day period all such property shall be kept
separate and apart from all other goods, wares and merchandise upon the premises in the
possession of such secondhand dealer, and all such property shall, during said twenty-day
period, be kept and exposed for police inspection during business hours.
4.10.280 Exemptions. Reserved.
(a) The provisions of this chapter shall not apply to secondhand goods, wares and
merchandise:
(1) Purchased at a public sale or auction;
(2) Purchased from any person holding a State Board of Equalization permit number as a
seller;
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(3) Accepted in trade on the purchase of new merchandise;
(4) Received or purchased by any religious, charitable, civic or fraternal organization for
purposes of resale.
SECTION 3. Title 4 (Business Licenses and Regulations) is hereby amended to add a new
Chapter 4.12 (Sidewalk Vendors) to read as follows:
4.12.010 Purpose
This Chapter 4.12 implements a sidewalk vendor program as permitted by Government Code
Section 51306 et seq.
4.12.020 Definitions
(a) “Sidewalk vendor” means 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 City-owned pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and
stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location.
4.12.030 General
Sidewalk vendors are permitted except:
(a) Within 100 feet of the outer perimeter of a permitted certified farmers’ market or a
permitted swap meet during the limited operating hours of that certified farmers’ market or
swap meet. A “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. A “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.
(b) Within 100 feet of the outer perimeter of an area designated for a temporary special
permit issued by the City, provided that any notice, business interruption mitigation, or other
rights provided to affected businesses or property owners under the City’s temporary special
permit are also provided to any sidewalk vendors specifically permitted to operate in the
area, if applicable. For purposes of this subsection, a temporary special permit is a permit
issued by the City for the temporary use of, or encroachment on, the sidewalk or other
public area, including, but not limited to, an encroachment permit, special event permit, or
temporary event permit, for purposes including, but not limited to, filming, parades, or
outdoor concerts. A prohibition of sidewalk vendors pursuant to this subsection shall only be
effective for the limited duration of the temporary special permit.
(c) Within 100 feet of the outer perimeter of a school during in-person instructional time.
(d) Within zones that are exclusively residential as defined in Chapter 18 (Zoning) of the Palo
Alto Municipal Code. This subsection (d) shall only apply to stationary sidewalk vendors.
(e) In City owned or operated parks in which the City has signed an agreement for
concessions that exclusively permits the sale of food or merchandise by the concessionaire.
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4.12.040 Placement and Operation Requirements
(a) No sidewalk vendor shall be located in a manner that:
(1) Impedes access to any city inspection, maintenance and operational devices or controls;
(2) Blocks curbside access to a loading zone, as defined in Section 10.40.010;
(3) Impedes pedestrian access from curbside vehicles to the adjacent sidewalk;
(4) Impedes the use of sidewalk bumps or other tactile paving by use of the visually impaired;
(5) Impedes access to a driveway;
(6) Is situated between a duly permitted parklet or other on-street use and the adjacent
storefront
(b) No sidewalk vendor shall be permitted on a public sidewalk within a distance of ten feet
from corner curb lines and corner crosswalks.
(c) In areas zoned community commercial (CC), commercial downtown (CD) and in areas of
the downtown zoned public facility (PF), no sidewalk vendor shall be permitted within a
minimum sidewalk clearance width of eight feet between fixed objects, planter wells
and/or curbs. Other than in the above locations, the minimum sidewalk clearance width
for a sidewalk vendor shall be at least half of the sidewalk but not less than three feet.
(d) Sidewalk vendors shall be considered “retail” businesses for the purpose of Section
18.23.040 (Late Night Uses and Activities) and shall be subject to its provisions. Sidewalk
vendors in violation of Section 18.23.040 shall be subject to the penalties in Section
4.12.060.
(e) Sidewalk vendors shall possess a valid California Department of Tax and Fee Administration
seller’s permit and any other permit or license required by law, including a permit from
the County of Santa Clara for mobile food facilities, if applicable.
(f) Sidewalk vendors shall follow all other generally applicable laws.
(g) The City Manager or designee may promulgate regulations regarding the size, placement,
safety, and operational requirements or restrictions of sidewalk vendors.
4.12.050 Sidewalk Vendors in Parks
(a) Notwithstanding Section 22.04.160 (Commercial activities and solicitation), a sidewalk
vendor may operate in City parks, including those dedicated in Chapter 22.08 (Park
Dedications), unless specifically restricted pursuant to statute or regulation.
(b) Following the procedure in Section 22.04.030 (Compliance Required), the City Manager
may promulgate regulations regulating the time, place, and manner of sidewalk vending in
parks owned or operated by the City if the requirements are any of the following:
(1) Directly related to objective health, safety, or welfare concerns;
(2) Necessary to ensure the public’s use and enjoyment of natural resources and recreational
opportunities; or
(3) Necessary to prevent an undue concentration of commercial activity that unreasonably
interferes with the scenic and natural character of the park.
(c) It shall be a violation for any person to violate any provision in the regulations authorized
by subsection (b) of this section. Violators will be subject to the penalties in Section 4.12.060.
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4.12.060 Violations and Penalties
(a) A person found to be in violation of any of the provisions of this Chapter 4.12 or any
regulations authorized by this Chapter shall be subject to the following penalties:
(1) An administrative fine of one hundred dollars ($100) for a first violation.
(2) An administrative fine of two hundred dollars ($200) for a second violation within one
year of the first violation.
(3) An administrative fine of five hundred dollars ($500) for each additional violation within
one year of the first violation.
(4) The City may prohibit a sidewalk vendor from operating in the City for one year upon the
fourth violation or subsequent violations within one year of the first violation in addition to an
administrative fine of five hundred dollars ($500).
(b) Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be
punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other
financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed.
(c) When assessing an administrative fine pursuant to subdivision (a) and (b), the hearing
officer shall take into consideration the person’s ability to pay the fine. The City shall provide
the person with notice of his or her right to request an ability-to-pay determination and shall
make available instructions or other materials for requesting an ability-to-pay determination.
The person may request an ability-to-pay determination at adjudication or while the judgment
remains unpaid, including when a case is delinquent or has been referred to a comprehensive
collection program.
(d) If the person meets the criteria described in subdivision (a) or (b) of California
Government Code section 68632, the City shall accept, in full satisfaction, 20 percent of the
administrative fine imposed pursuant to subdivisions (a) and (b).
(e) The hearing officer may allow the person to complete community service in lieu of paying
the total administrative fine, may waive the administrative fine, or may offer an alternative
disposition.
SECTION 4. Chapter 4.30 (Soliciting Funds) of Title 4 (Business Licenses and Regulations) is
hereby amended as follows (additions are underlined, deletions are in strikethrough):
4.30.010 Permit required. Reserved.
No person shall solicit within the city for a contribution of funds for a charitable, political,
religious, educational, community, recreational or similar nonprofit purpose by means of calling
upon places of residence or business, or by means of direct personal contact in public places or
upon public property without obtaining a permit as provided in this chapter. Any peddling or
soliciting as defined in Chapter 4.10, by means of representation that all or a portion of the
proceeds thereof are to be used for a charitable or similar nonprofit purpose or are to be
transmitted to any person, firm or corporation for any such purpose is unlawful unless a permit
has been first obtained as provided in this chapter.
4.30.020 Exceptions to permit requirements. Reserved.
(a) The provisions of this chapter, except for Section 4.30.100, shall not be applicable to:
(1) Solicitations by one member of an organization to another when the solicitation is
conducted for that same organization;
(2) Political committees for which the Secretary of State has assigned an identification
number pursuant to the Political Reform Act (California Government Code Section 84101).
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4.30.030 Application. Reserved.
(a) Application for a permit to solicit shall be made to the chief of police at least ten business
days prior to the time of the proposed effective date of the permit; provided, however, that the
chief of police, for good cause shown, may allow the filing of an application less than ten
business days before such date. The application shall contain the following information or, in
lieu thereof, a detailed statement of the reason why such information cannot be furnished:
(1) The name and address or headquarters of the person applying for the permit, and of the
organization on whose behalf the solicitation is conducted;
(2) If the applicant is not an individual, the names and addresses of the applicant's principal
officers and managers and a copy of the resolution, if any, authorizing such solicitation;
(3) The purpose for which the solicitation is to be made;
(4) The names, addresses and phone numbers of the persons who will be in direct charge of
conducting the solicitation;
(5) The time when such solicitation shall be made, giving the preferred dates for the
beginning and ending of such solicitation;
(6) A copy of the Franchise Tax Board determination exempting the organization from tax
under California Revenue and Taxation Code Section 23701, or a statement indicating that the
organization does not have tax-exempt status;
(7) A statement indicating whether any of the solicitors are salaried or commissioned.
(b) If, while any application is pending or during the term of any permit granted thereon,
there is any change in fact, policy, or method that would alter the information given in the
application, the applicant shall notify the chief of police in writing thereof within twenty-four
hours after such change.
4.30.040 Issuance of permits. Reserved.
Prior to the date on which the solicitation is to begin, the chief of police or a designee shall
issue the permit unless the information required by Section 4.30.030 has not been provided. If
the permit is denied for failure to comply with Section 4.30.030, the applicant shall be granted a
permit immediately upon compliance with its requirements.
4.30.050 Suspension and revocation of permits. Reserved.
(a) Definitions.
(1) "Suspension" means that the permit is temporarily withdrawn and is reinstated when the
suspension period ends.
(2) "Revocation" means that the permit is terminated and that a new permit may not be
obtained until the original permit period ends.
(b) Grounds for Suspension or Revocation. The permit may be suspended or revoked in
accordance with the procedures specified in Section 4.30.060 for a violation of this chapter or
for any one of the following reasons:
(1) Failure to comply with the requirements of California Business and Professions Code
Section 17510.3 during the solicitation;
(2) The permit holder or any of the persons involved in the solicitation is found by a court to
have engaged, during the solicitation, in fraudulent activity, violation of trespass statutes, or
crimes of violence;
(3) The applicant has intentionally misrepresented a material fact on the application;
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(4) The solicitation is not authorized by the organization or its officers and managers as listed
on the application.
4.30.060 Procedures for suspension or revocation of permit. Reserved.
(a) Notice of Hearing. A notice of the hearing shall be given to the permittee by the city
manager in writing, setting forth the time and place of the hearing, the ground or grounds upon
which the hearing is based, the pertinent code section or sections, and a brief statement of the
factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to
the permittee at the address listed on the permit application, or it shall be delivered to the
permittee personally, at least ten days prior to the hearing date.
(b) Hearing Rules. All parties involved shall have the right to other testimonial, documentary,
and tangible evidence bearing on the issues, to be represented by counsel, and to confront and
cross-examine any witnesses against them. Any hearing under this title may be continued for a
reasonable time for the convenience of a party or a witness.
(c) Disposition of the Case.
(1) Disciplinary Action. If the city manager, after the hearing, finds that cause exists for
disciplinary action, either a warning, or a suspension or revocation of the permit may be
imposed.
(2) Transmittal of Decision. Within ten days of the hearing the city manager shall render an
opinion in writing, stating findings and the action taken, if any. This opinion shall be mailed,
postage prepaid, to the permittee or delivered to the permittee personally.
(d) No Appeal. The decision of the city manager shall be final.
4.30.070 Permit time limit - Renewal. Reserved.
Permits issued pursuant to this chapter shall be valid a maximum of ninety days only, and no
person shall solicit with an expired permit. The chief of police shall prescribe procedures and
standards for the renewal of such permits, except that such standards and procedures shall not
be stricter than those required for the original issuance of the permit. Each renewal period shall
be for a maximum of ninety days.
4.30.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the solicitation activity in question
with a suitable identification card or badge. The cards or badges shall contain the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity.
4.30.090 Identification cards to be carried and produced. Reserved.
Any identification card or badge issued hereunder shall be kept on the person to whom it is
issued at all times during such solicitation. Such card or badge shall be presented when any
solicitation is made and shall be produced upon demand of the chief of police or any member
of the police department.
4.30.100 Conduct of solicitations.
(a) No person shall solicit funds at any time at any building where there is a posted sign
stating "No solicitors," or words to that effect, except that a licensed solicitor may call upon an
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occupant of a building when he has received express prior permission from such occupant to do
so.
(b) No person shall solicit funds in any congested area where the solicitation activity impedes
the public. For the purpose of this section, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested or the public impeded.
4.30.110 Severability.
If any provision or clause of this chapter or the application thereof to any person or
circumstance is held to be unconstitutional or to be otherwise invalid by any court of
competent jurisdiction, such invalidity shall not affect other chapter provisions, and clauses of
this chapter are declared to be severable.
SECTION 5. Chapter 4.32 (Soliciting Information for Commercial Purposes) of Title 4 (Business
Licenses and Regulations) is hereby amended as follows (additions are underlined, deletions are
in strikethrough):
4.32.010 Definitions.
(a) For the purpose of this chapter, unless it is plainly evident from the context that a
different meaning is intended, certain terms used in this chapter are defined as follows:
(1) "Interviewee" means a person from whom information is requested by a solicitor as
defined in this chapter.
(2) "Soliciting" means requesting information on the background, occupation, economic
status, social status, religious status, political status, attitudes, viewpoints, occupants of a
residence, telephone number, address, furnishings, or the like of another person for the
purpose of compiling such information as raw data or refined data into a document, record,
book, or directory to be sold, or to be used wholly or in part for a commercial purpose.
(3) "Solicitor" means the person soliciting as defined in this chapter.
4.32.020 Permit required for solicitors. Reserved.
A permit is required for every person or organization which engages in soliciting information
by means of calling upon places of residence or by means of direct personal contact in public
places or upon public property. One permit may be obtained by an organization to cover the
individual solicitors for the organization. Any peddling or soliciting, as defined in Chapter 4.10,
which is carried on in connection with said solicitation of information is unlawful unless a
permit also has been obtained as provided in Chapter 4.10.
4.32.030 Exceptions. Reserved.
(a) The provisions of this chapter shall not apply to the following:
(1) Any news-gathering activity for a bona fide news medium;
(2) Any solicitation of information for a telephone book by a telephone company.
4.32.040 Application. Reserved.
(a) Application for a permit to solicit information shall be made to the chief of police at least
fifteen days prior to the time of the proposed effective date of the permit; provided, however,
that the chief of police, for good cause shown, may allow the filing of an application less than
fifteen days before such date. The application shall contain the following information or, in lieu
thereof, a detailed statement of reasons why such information cannot be furnished:
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(1) The name, address, or headquarters of the person applying for the permit;
(2) If the applicant is not an individual, the names and addresses of the applicant's principal
officers and managers and a copy of the resolution, if any, authorizing such solicitation,
certified to as a true and correct copy of the original by the officer having charge of the
applicant's record;
(3) The purpose for which the solicitation is to be made and the use or disposition to be
made of any information therefrom;
(4) The names and addresses of the persons to whom the information solicited will be sent;
(5) The names and addresses of the persons who will be in direct charge of conducting this
solicitation and the names of all promoters connected, or to be connected, with the proposed
solicitation;
(6) An outline of the methods to be used in conducting the solicitation;
(7) The time when such solicitation shall be made, giving the preferred dates for the
beginning and ending of such solicitation;
(8) A statement to the effect that if a permit is granted, it will not be used or represented in
any way as an endorsement by the city or by any department or officer thereof;
(9) Such other information as may be reasonably required by the chief of police in order for
him to determine the kind and character of the proposed solicitation and whether such
solicitation is not inimical to the public welfare. If, while any application is pending or during the
term of any permit grained thereon, there is any change in fact, policy, or method that would
alter the information given in the application, the applicant shall notify the chief of police in
writing thereof within twenty-four hours after such change.
4.32.050 Permit fees. Reserved.
A fee for a permit to solicit information shall be levied as set forth in the municipal fee
schedule.
4.32.060 Investigation of books and records. Reserved.
Upon the request of the chief of police or his designee at any time before the permit is issued,
during the time the permit is in effect, or after the permit has expired, the applicant shall make
available at the Civic Center or at any other reasonable location specified by the chief of police
or his designee such nonprivileged books, records, and papers as may be required to investigate
the matters relevant to the permit.
4.32.070 Standards for issuance of permits. Reserved.
The chief of police or his designee shall issue the permit unless he has cause for denying the
permit application or issuing a probationary permit as specified in Chapter 4.04.
4.32.080 Identification cards. Reserved.
(a) The permittee shall furnish each person engaged in the soliciting activity in question with
a suitable identification card or badge. The cards or badges shall contain such information as
the chief of police deems necessary, but shall include at least the following:
(1) The name of the individual solicitor;
(2) The name of the permittee, if different;
(3) The purpose of the solicitation activity;
(4) A statement that the interviewee is not required to provide any or all of the information
solicited.
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Such cards or badges shall be produced on demand of the chief of police or any member of
the police department.
4.32.090 Acts required during each solicitation. Reserved.
(a) Immediately prior to any request for information, each solicitor shall do all of the
following in the order prescribed:
(1) Present his identification card or badge to the interviewee;
(2) Request the interviewee to read the identification card or badge;
(3) Inform the interviewee in clear language of the nature and purpose of the solicitation and
whether he is representing a governmental entity or whether he is representing a private
person or organization;
(4) Inform the interviewee that the interviewee need not provide any or all of the
information the solicitor requests.
4.32.100 Restrictions on methods of solicitation.
(a) It shall be unlawful for a solicitor to do any of the following:
(1) Falsely represent, directly or by implication, that the information is being solicited on
behalf of a governmental organization;
(2) Threaten, directly or by implication, that the information requested will be solicited from
sources other than the interviewee if the interviewee does not provide the information;
(3) Without the express prior permission of an occupant, solicit at any residence address or
apartment complex where there is posted a sign stating: "No solicitors or peddlers."
4.32.110 Hours of solicitation.
No person shall solicit information from six p.m. to nine a.m.; provided, however, a solicitor
may call upon the occupant of a residence during such hours when he has received express
prior permission from such occupant to do so.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and each
and every section, subsection, sentence, clause, or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 7. The Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act pursuant to CEQA Guidelines Sections 15301 (Existing Facilities) and
15323 (Normal Operations of Facilities for Public Gatherings).
//
//
//
//
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SECTION 8. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Chief of Police
____________________________
Director of Community Services
Attachment B
City of Palo Alto
PARK AND OPEN SPACE REGULATIONS
(Last Updated February 2021)
Contents
R1-1. DEFINITIONS..................................................................................................................12
R1-2. APPLICABILITY ..............................................................................................................12
R1-3. CLOSURE OF FACILITIES - AUTHORITY ......................................................................12
R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION ................................................13
R1-5. ACTION ON PERMIT APPLICATION ..............................................................................13
R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY .....................................14
R1-7. PERMIT – EXHIBITION ...................................................................................................14
R1-8. HOURS OF PARK CLOSURE .........................................................................................14
R1-9. HAZARDOUS GAMES OR ACTIVITIES ..........................................................................15
R1-9A. USE OF METAL DETECTORS IN PARKS ...................................................................15
R1-10. PICNIC SITE USAGE ....................................................................................................15
R1-10A. LYTTON, COGSWELL AND KING PLAZA..................................................................15
R1-10B. LYTTON PLAZA NOISE REGULATION ......................................................................16
R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE ...........................................17
R1-12. ATHLETIC FIELD USE ..................................................................................................17
R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE ...........................................18
R1-14. SKATEBOARD FACILITY .............................................................................................18
R1-15. GOLF COURSE ............................................................................................................18
R1-16. SWIMMING ...................................................................................................................19
R1-17. BOAT USE ....................................................................................................................20
R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES ..................................................21
R1-19. HUMAN FLIGHT ...........................................................................................................21
R1-20. TRAIL USE SPEED LIMITS ..........................................................................................21
R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN AREAS IN
OPEN SPACE LANDS ..............................................................................................................21
R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION ........................................................21
R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING .......................................................22
R1-22. RESTROOMS ...............................................................................................................22
R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS ..............................................................22
R1-24. WATER POLLUTION ....................................................................................................23
R1-25. HARMFUL SUBSTANCES ............................................................................................23
R1-26. LITTERING ...................................................................................................................23
R1-27. DISPOSAL OF EFFLUENT ...........................................................................................23
R1-28. SMOKING .....................................................................................................................23
R1-29. FIREWORKS.................................................................................................................24
R1-30. ANIMALS ......................................................................................................................24
R1-31. NUISANCE DOGS ........................................................................................................25
R1-32. DOG EXERCISE AREA ................................................................................................25
R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES ........................................................25
R1-34. USE OF UTILITIES .......................................................................................................25
R1-35. GATHERING WOOD IN OPEN SPACE AREAS ...........................................................26
R1-36. PARKING RESTRICTIONS ...........................................................................................26
R1-37. OPERATION OF MOTOR VEHICLES ...........................................................................26
R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS ................27
R1-38. VIOLATION – PENALTY ...............................................................................................27
R1-39. PLAYGROUNDS ...........................................................................................................27
R1-40. COMMUNITY GARDENS ..............................................................................................27
R1-41. SIDEWALK VENDORS .................................................................................................27
R1-1. DEFINITIONS
The following words and phrases, whenever used in these regulations, shall be
construed as defined in these regulations.
A. "City" means the City of Palo Alto.
B. "department" means the Community Services Department of the City.
C. "facility" or "park facility" means any body of water, land, campsite, garden, trail,
levee, recreation area, building, structure, system, equipment, machinery or
other appurtenance owned, managed, controlled or operated by the Community
Services Department.
D. “director” means the Director of Community Services of the City.
R1-2. APPLICABILITY
The provisions of these regulations apply to all facilities under the jurisdiction of the
Community Services Department.
R1-3. CLOSURE OF FACILITIES - AUTHORITY
The director shall have the authority to close any park facility or portion thereof and
require the exit of all persons therein when he or she determines that conditions exist in
said facility or portion thereof which presents a hazard to the facility or to public safety.
No person shall use, enter or remain in any facility, Park or Open Space which has been
posted as being closed under this authority.
A. The Open Space, Parks and Golf Division Manager shall have the authority
to close Open Space trails which have been designated as “seasonal trails”
when weather conditions predispose the trail or surrounding habitat to
damage or erosion. Such trail closures will be posted on park bulletin
boards and at the affected trail junctions.
B. The Open Space, Parks and Golf Division Manager shall have the authority
to temporarily close Open Space trails or facilities when the damage of flora
or fauna are threatened by humans or their pets. Such facility closures will
be posted on park bulletin boards and at affected trail junctions or facilities.
R1-4. CONTENTS OF PERMIT APPLICATION; SUBMISSION
Whenever a permit is required by provision in these regulations, an application shall be
filed with the director stating:
A. The name of each applicant, sponsoring organization and the person(s) who is in
charge of or responsible for the proposed activity;
B. The address and telephone numbers of each person and/or entity named in
subsection (A);
C. The name of the Park, Open Space land, building, field or tennis courts
requested for the activity, specifically identifying the location of the activity within
the park or room within the building;
D. The date and starting time of the proposed activity, together with the anticipated
arrival time of guests; The finish time of the proposed activity, including cleanup;
E. The number of persons expected to attend the activity;
F. Additional City facilities requested, such as personnel, tables, chairs, etc;
G. The nature of the proposed activity or activities, including equipment and
vehicles to be brought into the Park or Open Space lands; nature and duration of
the use of such equipment; nature and duration of the use of any amplified
sound; whether fees or donations for service will be solicited or collected; and
whether alcohol will be served.
H. Proof of Palo Alto residency may be required for the permit application.
I. The necessity for street closure in order to hold an event.
J. The permit application shall be filed with the director by no later than seven (7)
days prior to the date of the special event.
R1-5. ACTION ON PERMIT APPLICATION
The director shall issue a permit within five (5) business days after submission of a
completed application if:
A. The proposed activity or use of the facility will not unreasonably interfere with or
detract from the general public enjoyment of the facility;
B. A facility with the required occupancy load capacity is available;
C. All conditions, including, where applicable, the payment of fees, approval of the
Director of Community Services and insurance coverage, security deposits
and/or requirements are met;
D. The proposed activity or use will not entail unusual, extraordinary or burdensome
expense or security operation by the department;
E. If the proposed special event will have more than twenty-five (25) individuals in
attendance, involve road closures, traffic control, or the need for inter-
departmental review (for example, for a “fun run” or a “live music” event), an
additional City-wide special event application from the Police Department may
be required for the event. City-wide special event permit applications are not
generally required for standard picnic reservations. Completed City-wide special
event permit applications may be filed as early as one year before the event but
must be received no later than 30 days before the actual event date, and no later
than 90 days before the actual date of the event if the event requires a street
closure.
F. The facilities desired have not been reserved for other use;
G. Special conditions requested in applications are reasonable and feasible.
H. The proposed activity will not negatively impact habitat, wildlife, or vegetation in
the Park or Open Space area.
I. Residency requirements, if any, have been satisfied.
R1-6. FOOTHILLS PARK – RESERVATIONS AND VEHICLE ENTRY
A. Resident Reservation Preference. The Towle Campground, Oak Grove Group
Picnic Area, and the Interpretive Center meeting room at Foothills Park shall
have Resident Reservation Preference in making reservations. No other facility
existing as of December 2020 shall have Resident Reservation Preference.
Resident Reservation Preference shall be one that permits residents to have
access to reservations for no longer than the first 25% of the time period during
which reservations for the subject facility may be made. Thus, if the facility in
question is made available for reservation by residents for 4 weeks’ time prior to
the date of the reservation, the facility must be made available for reservation by
non-residents for at least 3 weeks’ time before the date of reservation.
(Note: This rule is governed by the 2020 settlement agreement regarding
Foothills Park).
B. Vehicle Entry Fee. All motor vehicles entering Foothills Park shall be subject to a
vehicle entry fee as listed in the City’s Municipal Fee Schedule. Violators shall
be subject to administrative citation for failure to comply with park regulations per
PAMC 22.04.030. This regulation does not apply to City councilmembers, staff,
contractors, or volunteers while conducting official City business/operations in
Foothills Park.
R1-7. PERMIT – EXHIBITION
No person shall fail to produce and exhibit a permit he or she claims to have upon
request of any department employee, contracted park ranger or any public or peace
officer who desires to inspect the permit for the purpose of enforcing compliance with
any regulations of this chapter.
R1-8. HOURS OF PARK CLOSURE
For purposes of enforcement of the Park and Open Space closure restrictions
promulgated in Chapter 22.04 of the Palo Alto Municipal Code, the terms “sunset” and
“sunrise” are defined with reference to a table of times that is determined annually and
posted at Open Space facilities. Closure times specified in Chapter 22.04 as
implemented by this regulation shall be posted prominently at each Park or Open Space
facility and shall be posted on the City’s web site.
R1-9. HAZARDOUS GAMES OR ACTIVITIES
The playing of games and/or activities involving propelled or thrown objects which are
sharp or heavy (such as stones, shot puts, arrows or javelins) are prohibited except when
a permit is issued by the director in areas compatible for such use. Except in designated
areas of Mitchell Park where inflatable structures can be used by City staff or designated
contractors as part of a City-sponsored program, inflatable structures, miniature trains
designed or used for passengers, pony rides, and dunking tank attractions are prohibited
in Parks or Open Space areas.
R1-9A. USE OF METAL DETECTORS IN PARKS
Metal detectors for the purpose of scavenging can only be used within park facilities in
such a fashion where turf or landscaped areas are not disturbed, cut or dug into.
R1-10. PICNIC SITE USAGE
Group picnic site reservations at Mitchell Park Arbor, East Meadow, Pine Grove and
Redwood areas; and Rinconada Park Sequoia area are available to Palo Alto residents
only. No more than 60 individuals shall occupy a group picnic site at Mitchell Park Arbor,
East Meadow and Redwood areas; 100 individuals at the Pine Grove picnic area; 75
individuals at Rinconada Park Sequoia picnic area; or 150 individuals at Foothills Park
Oak Grove. No more than 15 individuals shall occupy any table in an individual picnic
site at Mitchell Park and Rinconada Park. With the exception of the two table/one
barbecue at individual picnic sites of Mitchell Park, each group of participants shall not
occupy more than one individual site.
R1-10A. LYTTON, COGSWELL AND KING PLAZA
A. Use of tables: For permitted events and activities, no more than four six-foot
tables are permitted at one time at Cogswell Plaza; no more than ten six-foot
tables are permitted at Lytton Plaza; and no more than twenty six-foot tables are
permitted at King Plaza. Tables shall not be arranged in a configuration longer
than twelve-foot wide span and there must be a minimum of three-feet between
sets.
B. The City shall be compensated the full cost of replacement of any chair, tables or
other furnishings damaged by the event or special use.
C. Special event organizers must cover existing trash receptacles and provide their
own waste stations (compost/recycle/trash) that they will then be responsible for
removing after the event.
D. Damage deposits may be required for any special event or use at the discretion
of City staff.
E. No tables, tents or other structures shall be set up closer than ten (10) feet from
the nearest structure.
F. Shade canopies may be authorized in a permit so long as the shade structure
measures ten-foot by ten-foot, or less. Canopies shall be weighted or anchored
to prevent blowing over.
G. Stage platforms shall be no higher than twenty-four inches tall and ten-feet by
twelve-feet in maximum area.
H. As per the Chapter 22.04 of the Palo Alto Municipal Code, no alcoholic beverages
may be served or consumed at these plaza parks.
I. No barricades or cordoning off areas of the plaza.
J. No jump/bounce houses are permitted on plaza.
K. Special event organizers must supply a layout of all items to be placed within
plaza and be approved by City staff before the event.
L. As per Palo Alto Municipal Code Section 22.04.160, no commercial solicitation or
business transactions other than those associated with and supportive of City
programs or City-sponsored activities for which a permit has been issued by the
director is permitted in parks or plazas.
M. As per Palo Alto Municipal Code section 22.04.300, open flames, including
candles, are not allowed without a permit from the Director in these Plazas.
R1-10B. LYTTON PLAZA NOISE REGULATION
A. A permit under Palo Alto Municipal Code Section 22.04.040 is not required of any
person in order to engage in the playing of an amplified musical instrument at
Lytton Plaza, which otherwise meets the requirements of sections 9.10.050 and
22.04.180 and subject to the following: the playing of an amplified musical
instrument occurs on a first-come, first-served basis during the following days and
times of day: (a) Monday through Thursday, 5:00 PM to 10:00 PM; (b) Friday,
5:00 PM to 11:00 PM; (c) Saturday, noon to 11:00 PM; and Sunday, noon to 10:00
PM. The term “first-come, first-served” means the first person or group of persons
to commence playing an amplified musical instrument at Lytton Plaza shall be
entitled to play to the exclusion of all others for a period not exceeding three (3)
consecutive hours.
B. A City-wide special event permit application is required of any person seeking to
engage in the playing of an amplified musical instrument at Lytton Plaza outside
of the days and times of day specified in paragraph A above. No unpermitted
amplified musical instrument may be played during the period of time for which a
person holds a permit to play an amplified musical instrument.
C. Paragraph A notwithstanding, a person may file a City-wide special event permit
application to play an amplified musical instrument within the time period specified
in R1-4. If a City-wide special event permit is issued, the permit holder’s right to
play any musical instrument at Lytton Plaza will take precedence over any person
claiming the right to play under the first-come, first-served basis condition set forth
in paragraph A of this Rule.
D. The director will post or caused to be posted to the department’s web site the
days and times of days for which reservations to play musical instruments have
been secured.
E. The preceding paragraphs notwithstanding, the playing of any acoustic musical
instrument at Lytton Plaza is permitted during posted park use hour or, if no hours
are posted, during the regular park use hours.
F. A City-wide special event permit application shall be filed whenever a group of
more than twenty-five (25) persons attends the playing of any musical instrument
or musical instruments regardless of whether any instrument is amplified or
acoustic.
G. The noise ordinances set forth in Palo Alto Municipal Code chapters 9.10 and
22.04 shall apply to all persons playing amplified and acoustic musical
instruments at Lytton Plaza.
R1-11. RACQUET COURT (TENNIS AND PICKLEBALL) USAGE
Any person or group using a City racquet court shall do so according to the following
rules:
A. No person shall operate, drive or ride a bicycle, unicycle, roller skates, roller
blades, skateboard or other coasting device on City-owned tennis courts.
B. No person shall provide or offer lessons for compensation on City-owned
tennis courts except as part of a City-sponsored program, class or camps.
C. City-owned racquet courts may be reserved for City programs and tournament
play only.
D. All players must use the court control board to determine which court they shall
play on and their playing position.
E. No individual person can occupy a court by him or herself if other persons are
waiting to play.
F. Unleashed dogs are not permitted within courts.
G. No person shall play a sport other than tennis or pickleball on City-owned
courts unless expressly allowed via permit issued by the Community Services
Department.
H. Mitchell Park racquet courts 6 and 7 are dual-use courts with designated
pickleball and tennis times. Pickleball has priority from 8:00 AM to 2:30 PM seven
days a week. Tennis has priority from 3:00 PM to 10:00 PM seven days a week.
If courts are not in use, anyone can use the court but must vacate the space if
the priority sport arrives and needs the space.
R1-12. ATHLETIC FIELD USE
Any person or group using a City athletic field shall do so according to the following
rules:
A. No activity other than softball (or Little League baseball) is permitted at El
Camino Park softball field unless expressly allowed by permit.
B. No activity other than baseball is permitted at Baylands Athletic Center
Baseball Field unless expressly allowed by permit.
C. No activity other than softball is permitted at Baylands Athletic Center
Softball Field unless expressly allowed by permit.
D. No person shall use an athletic field which is posted (on-site, on-line, or by voice
message) as being closed, whether the closure is for excess rainfall or for field
maintenance or other reason.
E. Field markings applied to athletic fields shall be allowed by permit only and must
follow City of Palo Alto Open Space, Parks and Golf Division guidelines.
F. Soccer goals must be anchored at all times when located on the playing fields.
When goals are not being utilized for play, they must be secured off the playing
fields in a manner which will not permit tipping or any hazardous condition that
might cause injury to any person. When a field is being utilized for multiple
purposes, goals that interfere with the intended use of the field shall be provided
by the user groups that require the use of a soccer goal. These goals must be
assembled and disassembled before and after each event. The storage of these
goals can be coordinated with the Recreation Division. Any goal left on site will
be removed and stored until a removal/storage fee of $75.00 is paid.
R1-13. PEERS PARK AND JOHNSON PARK VOLLEYBALL USE
Any person or group playing volleyball or related game at Peers or Johnson Parks shall
do so according to the following rules:
A. Drop-in volleyball or related game play is permitted only in the posted area at
Johnson Park or on the north end of Peers Park.
B. The volleyball area may be reserved for volleyball play, by permit, only on the
first Saturday and first Thursday of each month. The director may make
additional weekend days available for reservation during the months of June,
July and August.
R1-14. SKATEBOARD FACILITY
The Skateboard Facility, located in John Lucas Greer Park, is for skateboard use only.
Use of roller blades, scooters, bicycles, or any other equipment other than skateboards
is prohibited. Any person using or playing upon the skateboard facility shall do so
according to the following rules:
A. Each person skateboarding in the Skateboard Facility must wear a helmet,
elbow pads and knee pads.
B. Use of roller blades, scooters, bicycles, or any other equipment, other than
skateboards is prohibited.
C. No more than seven persons shall skate in the bowl at any given time.
D. No person shall do a body flip while riding a skateboard.
E. No person shall ride a skateboard facing entirely backwards.
F. Two or more persons may not ride on the same skateboard.
G. No person shall ride a skateboard on their knees.
H. No person shall cause a skateboard to shoot out away from their feet or body.
I. No persons shall skateboard in tandem within three (3) feet in front or behind
another rider.
J. No glass containers are allowed in the facility.
K. No skateboarding is allowed when the facility is wet or while it is raining.
L. Trash receptacles are to be used to dispose of waste or any other unwanted
items.
No person shall use, remain in or enter the Skateboard Facility outside of regular park
hours between 10:30 PM and sunrise (PAMC 22.04.320). No person shall enter or
remain in the Skateboard Facility when that facility is posted as being closed, whether
such closure is because of excess moisture or hazard or for any other reason.
R1-15. GOLF COURSE
Any person or group using or playing upon the golf course shall do so according to the
following rules:
A. No person shall use the golf course, or any portion thereof, without first having
obtained a receipt or other written authorization in due form so to do.
B. No golf player shall cut in on, or double back over, any portion of the course, or
to play upon the course without a receipt duly issued for the round being
played.
C. No golf player shall refuse to or fail to show such golf receipt or other written
authorization to any employee connected with the municipal golf course, when
requested to do so.
D. No person shall willfully or maliciously injure any turf on the golf course or in any
way destroy or injure property thereon or remove property or equipment from the
golf course.
E. Privately owned power golf carts are not allowed to be used on the municipal
golf course.
R1-16. SWIMMING
No person shall swim, bathe or wade in any water or waterways within any park facility
when such activity is prohibited and so posted by the director. No person shall use,
remain in or enter the Rinconada Pool facility between the hours listed as follows:
January 1 through June 15 9:00 PM – 6:00 AM. June 16 through December 31 10:00
PM – 6:00 AM.
Rules for the safe use of the Rinconada Swimming complex:
A. Children 7 years of age and younger must be directly supervised by a chaperone
16 years of age or older. Chaperones must wear a swimsuit, accompany the child
in the water and be within arm’s length at all times. Children may not be left
unattended in the facility at any time.
B. All swimmers must wear swimsuits. Clothing including undergarments is not
permitted. Clean overshirts are permitted for modesty or sun protection as long
as they are worn over swimsuits. Infants and toddlers who are not yet toilet trained
must wear swim diapers.
C. Flotation devices including water wings, padded swimsuits and inner tubes are
not permitted except US Coast Guard approved lifejackets.
D. Flippers, snorkel masks, and hard balls are not permitted.
E. All persons entering the facility must pay, including those not intending to swim,
except children 2 years of age and younger.
F. Patrons must pay again to re-enter the facility after leaving.
G. Walk at all times on the pool deck.
H. Bicycles, rollerblades, scooters, and skateboards are not permitted on the pool
deck.
I. Dogs, cats and other animals are not permitted on the pool deck (does not apply
to service animals as defined by state and federal law).
J. Fighting, roughhousing, chicken fighting, screaming, profane language, and
pretending to drown is not permitted in the facility.
K. Patrons are not permitted to sit on guard chairs, lane lines, starting blocks or
railings.
L. Barbecues, alcohol and glass/breakable containers are not permitted in the
facility.
M. Food and drinks must be consumed at picnic tables, on grass and farther than 10
feet from poolside.
N. Heed instructions from Lifeguards and overhead announcements at all times.
O. Aquatics staff reserves the right to ask anyone who violates these rules to leave
the facility.
P. To maintain a safe environment, pool rules are subject to change at any time.
Lap Pool:
A. Swimmers must be able to swim competently for at least one lap to enter the deep
end and/or use the diving boards. Lifeguards have sole discretion. Please ask for
a swim test.
B. Lap swimmers using lap lanes during recreation swim may use flippers,
kickboards and snorkels as needed. Flippers, kickboards and snorkels are not
permitted outside of the lap swim lanes. Non-lap swimmers are not permitted to
swim across lap lanes.
Diving boards:
A. One person on the board and ladder at a time.
B. Wait to dive until area is clear.
C. Walk or perform a proper diving approach. Do not run on the diving board.
D. Bounce only once and jump/dive off the end of the board facing forward.
E. Divers may not jump to anyone in the pool and must swim to the wall unassisted.
After diving, swim out toward the closest ladder. Do not swim under, between or
in front of the diving boards.
Wading Pool:
A. Swimmers must be able to reach the foot pedals to use the “Aquaducks.” Pedaling
with hands is not permitted.
B. Swimmers may not sit on or otherwise block the water pressure of the fountains.
Slide:
A. Swimmers must be no taller than the slide to use it.
B. One person is permitted on the slide and ladder at a time. Form line on the ground.
C. Do not stand, jump or push other swimmers off the top of the slide.
D. Swimmers must go down slide sitting, feet first.
R1-17. BOAT USE
The dock at Foothills Park and the sailing platform at the Baylands Nature Preserve is
intended for the hand launching of canoes, kayaks, small inflatable boats and boats less
than sixteen feet in length. The launching of any larger vessel is prohibited. While hand
carts may be used to carry boats from the parking lot to the dock or sailing platform,
hand carts or other personal equipment may not be used on the docks or left unattended
in the immediate vicinity of the dock or sailing platform. Items left unattended will be
impounded by a park ranger or police officer.
A. Sail boards, sail craft and motorized boats are prohibited on Boronda Lake in
Foothills Park.
R1-18. BICYCLES, SKATEBOARDS AND ROLLER SKATES
A. Bicycles are prohibited on unpaved trails of Foothills Park. Skateboards, roller
skates or blades, scooters, and other coasting devices are prohibited in Foothills
Park.
B. Bicycles are prohibited on unpaved trails of Open Space parks and preserves,
unless designated for bike access within the Pearson-Arastradero and Baylands
Preserves. Skateboards, roller skates or blades, or other coasting devices are
prohibited in Open Space parks and preserves, except on paved, multi-use bike
paths.
C. Helmets: No person shall operate a bicycle or similar device on Parks or Open
Space preserves without wearing an A.N.S.I. or Snell-approved bicycle helmet
for head protection. No parent or guardian shall allow any child under the age
of 18 to ride a bicycle without a helmet.
D. Unsafe operation: No person shall operate a bicycle in a reckless or negligent
manner so as to endanger public property, or the life, limb, or property of any
person or animal. No person shall ride in or upon a portion of a bicycle not
intended for passengers. No person shall operate a bicycle while wearing
earphones that interfere with hearing ambient noise.
E. No person shall leave a bicycle, scooter or skateboard in any place or
position where other persons may trip over or be injured by it.
R1-19. HUMAN FLIGHT
No person shall hang-glide, parachute, parasail or engage in any human flight on, over,
or into park or Open Space, except by written permit in designated areas.
R1-20. TRAIL USE SPEED LIMITS
The maximum speed for all trail uses is 15 miles per hour, unless a lesser maximum
speed is posted, and no person shall exceed the maximum speed on any trail; however,
no person shall operate a bicycle, or ride a horse or other such animal at a speed greater
than is reasonable, prudent, or safe. Bicyclists and equestrians are required to slow to 5
miles per hour when passing others or approaching blind turns.
R1-20A. USE OF DESIGNATED TRAILS, PATHS AND RECREATIONAL LAWN
AREAS IN OPEN SPACE LANDS
No person other than authorized City staff or other persons specifically authorized by City
staff shall walk, run or tread in any Open Space lands except on designated trails, paths,
recreational lawn areas or roads, unless expressly permitted to do so pursuant to park
regulations or a special use permit. “Designated trails” is defined as those trails which
appear on current City of Palo Alto park maps, planning documents, trail guides and/or
those trails marked with City directional signs.
R1-21. COMMERCIAL ACTIVITIES AND SOLICITATION
Commercial activities are prohibited in Parks and Open Space lands unless they are
associated with and supportive of City programs or City-sponsored activities for which a
permit has been issued by the Director. Persons soliciting for donations or engaging in
commercial activities approved by the Director shall comply with all applicable laws,
including those requirements for permits issued under Title 4 of the Palo Alto Municipal
Code as applicable.
R1-21A. COMMERCIAL PHOTOGRAPHY AND FILMING
No person shall photograph or film for commercial purposes in City Parks or Open Space
except pursuant to a permit authorizing such activity or except for those activities
associated with and supportive of City programs or City-sponsored events. For the
purpose of this section, “photograph or film for commercial purposes” means the
recording, on any medium, of still or motion images that involves the use of professional
models or commercial articles filmed or photographed for the purpose of commercial
advertising, or the use professional casts, settings, or crews in any motion picture,
television, or similar production. This section shall not apply to the commercial operation
of cameras as part of the bona fide reporting of news, or for small photo or film events,
consisting of a single photographer or videographer with a total group size of no more
than 24 persons (permit is required for exclusive use of any area of park land), as long
as all other rules and regulations are followed.
A. Applications shall be submitted not less than ten (10) working days before the
proposed use.
B. No sound amplification equipment, which will disturb the peace, may be used
in connection with any photo shoot, except when used by City employees or
safety officers for purposes of crowd control.
C. No permit shall be granted for any event between the hours of 8:00 PM and
9:00 AM without the prior approval of the Director.
D. No permit shall be granted when the closure would result in hampering prompt
access to an area or location by emergency vehicles.
E. Wherever appropriate, the City will require the applicant to provide and erect
barricades according to City specifications for public safety. The person or
persons making the application shall be responsible for placing and dismantling
all barricades. All barricades shall be removed within one-half (1/2) hour of the
ending time of the event. Barricades shall also be immediately removed upon
request of any authorized officer or employee of the City. In some situations,
the Permittee may be required by the City to provide traffic control and a
qualified flag person if City streets or parking lots are involved.
R1-22. RESTROOMS
Male persons shall not enter any restroom or washroom set apart for females, and
female persons shall not enter any restroom or washroom set apart for males; except,
this shall not apply to persons with special needs or their accompanying attendants or
children under the age of six years old who are accompanied by a person who is of the
sex designated for that facility and who has reason to be responsible for such person.
R1-23. UNAUTHORIZED USE OF KEYS OR LOCKS
No person other than one acting under the direction of the Director shall duplicate or
cause to be duplicated a key used by the department for a padlock or door lock of any
type or description, nor shall any person divulge the combination of any lock so equipped
to any unauthorized person. No person, other than the one acting under the direction of
the director, shall use a key to access any Park and/or Open Space facilities. The director
may issue keys to user groups. Said user groups must use the keys for permitted activity
only and return issued keys to the City upon completion of the activity. No person shall
place a lock upon any gate or fence in any Park or Open Space area without prior
permission from the Director.
R1-24. WATER POLLUTION
While within the boundaries of any park facility, no person shall throw, discharge or
otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream,
bay or other body of water or in any tributary, stream or drain flowing into such waters
any substance, matter or thing, liquid or solid, including but without limitation to, particles
or objects made of paper, metal, glass, garbage, rubbish, rubber, fuel, plant material,
food matter, fiber and plastics.
R1-25. HARMFUL SUBSTANCES
No person shall possess, place, or apply any substance harmful to any person, property,
wildlife, or vegetation on Park or Open Space lands.
R1-26. LITTERING
No person within any City Park, Open Space lands, and City operated community garden
shall leave any garbage, trash, cans, bottles, papers or other refuse elsewhere than in
the receptacles provided therefor. Disposing of garbage, trash, cans, bottles, papers or
other refuse not generated within City Park or Open Space lands is prohibited. PAMC
22.04.230.
R1-27. DISPOSAL OF EFFLUENT
No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or
other fixtures upon or into the ground or water.
R1-28. SMOKING
No person shall smoke any substance in any public places or any area that is within
twenty feet of bleachers, backstops, or play structures or any area designated as a
playground, nature trail or nature area or in or on any park facility where smoking is
posted as being prohibited. Pursuant to Palo Alto Municipal Ordinance 9.14.010 (i),
public places are defined as: "Public places" means enclosed areas within publicly and
privately-owned buildings, structures, facilities, or complexes that are open to, used by,
or accessible to the general public. Public places include, but are not limited to, stores,
banks, eating establishments, bars, hotels, motels, depots and transit terminals, theaters
and auditoriums, enclosed sports arenas, convention centers, museums, galleries,
polling places, hospitals and other health care facilities of any kind (including clinics,
dental, chiropractic, or physical therapy facilities), automotive service centers, general
business offices, nonprofit entity offices and libraries. Public places further include, but
are not limited to, hallways, restrooms, stairways, escalators, elevators, lobbies,
reception areas, waiting rooms, indoor service lines, checkout stations, counters and
other pay stations, classrooms, meeting or conference rooms, lecture rooms, buses, or
other enclosed places that are open to, used by, or accessible to the general public.
R1-29. FIREWORKS
No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or
into any portion of Park or Open Space lands any firecrackers, missiles, rockets,
fireworks, or explosives.
R1-30. ANIMALS
No person other than public or peace officers, rangers, city naturalists, animal control
officers in the discharge of their duties shall:
A. Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase,
tease, shoot or throw missiles at any animal within the boundaries of any park
facility, nor remove nor have in his possession the young, eggs or nest of any
such creature;
B. Abandon any animal, dead or alive, within any park facility;
C. Remove any animal not his own from within any park facility; exception is made
to the foregoing in that proper season, fish may by fished and removed from areas
designated for fishing by licensed persons, in accordance with the California Fish
and Game Code and other related laws, and boarded horses may be removed
from a park facility, upon proper notification to the department;
D. Bring into or maintain in or upon any park facility any dog, cat or other animal
unless such animal at all times is kept on a leash (extended no further than six
(6) feet while in Open Space lands) and under full control of its owner or
custodian; provided, however, the Director may designate areas and times within
which persons may exercise, show, demonstrate or train unleashed animals
under full control or their owners or custodians. No person shall allow a dog, cat,
or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take
any kind of native wildlife, whether living or dead, or remove, destroy, or in any
manner disturb the natural habitat of any animal on Parks or Open Space land.
PAMC 22.04.155
E. Permit cattle, sheep, goats, pigs, or other animals owned by him/her or in his/her
possession to graze within the boundaries of any park facility without express
approval of the director;
F. No person shall keep or raise cattle, horses, sheep, or other livestock on Park
or Open Space land, unless pursuant to a lease, license, or other entitlement of
use granted by the City of Palo Alto.
G. Ride or lead a horse, pony, mule, burro or other animal onto or over any park
facility, other than at times and upon roads or trails designated for riding of
animals; except with approval of the Director.
H. No person owning or having custody or control of any dog shall permit such dog
to defecate on any public street, sidewalk, park or parkway without immediately
removing the resulting excrement at the time of occurrence. The excrement so
removed shall not be disposed of on any property listed in this chapter except in
public refuse receptacles. Persons using service animals are exempt from this
section.
I. No person owning or harboring any dog or other animal shall allow or permit such
dog or animal to swim, bathe or wade in any water or waterways within any park
facility when such activity is prohibited and so posted by the Director.
R1-31. NUISANCE DOGS
No person shall allow or have on Park or Open Space land a dog that is threatening or
a nuisance to people, other animals, or property. This includes, but is not limited to
growling, barking, bearing of teeth, or challenging in any manner, people, animals, or
property. PAMC 6.20.040 Care should be taken with leashed pets in playgrounds to
ensure that their presence does not impact children’s use and they should be removed
upon request from other playground users.
R1-32. DOG EXERCISE AREA
A. Dogs may be allowed off leash only within the designated dog exercise areas in
Hoover Park, Greer Park, Mitchell Park, and Peers Park.
B. Dogs must be licensed, vaccinated, and wearing a collar with ID and license tag.
C. Dogs must be leashed until safely inside the dog park and returned to a leash
prior to exiting.
D. Dog owners must remain in the fenced area and monitor and manage their dogs
at all times.
E. Dogs behaving aggressively must be removed from the dog park immediately.
F. Dog waste must be picked up.
G. Children accompanying dog owners must be closely supervised.
H. No more than three dogs per person.
I. No food or alcohol.
J. The small dog section is for dogs 25lb and less. The mixed size dog section is
for both large and small dogs. (Applicable at dog parks with this option.)
K. Dog Park Hours are 7:00 AM to 9:00 PM.
L. The City of Palo Alto assumes no liability for the users of this area. Use these
facilities at your own risk.
R1-33. UNAUTHORIZED CONSTRUCTION ACTIVITIES
No person shall deposit any earth, sand, rock, stone or other substance within any park
facility, nor shall he/she dig or remove any such material from within any park facility,
nor shall he/she erect or attempt to erect any building, wharf or structure of any kind by
driving or setting up posts or piles, nor in any manner appropriate or encumber any
portion of the real property owned by, operated, controlled or managed by the
department without a permit from the director.
R1-34. USE OF UTILITIES
A. Electrical, phone, data communication, and cable receptacles in Parks and Open
Space may only be used or accessed for private use within the terms of a special
use permit granted by the Community Services Department.
B. Gas fixtures, water faucet spigots and irrigation water outlets that require a key or
opening device in Parks and Open Space may only be used or accessed for
private use within the terms of a special use permit granted by the Community
Services Department.
C. Sanitary sewers or storm drains in Parks or Open Space areas may not be
used for the clean-out of personal septic systems under any circumstances.
R1-35. GATHERING WOOD IN OPEN SPACE AREAS
Gathering wood from or possessing wood that has been gathered from Open Space
areas is not permitted.
R1-36. PARKING RESTRICTIONS
No person shall park a motor vehicle, except an authorized emergency vehicle, or when
in compliance with the directions of a peace officer, ranger, or City employee, in any of
the following places:
A. In areas where prohibited by "NO PARKING" or “FIRE LANE - DO NOT
BLOCK” signs.
B. On any fire trail.
C. On any equestrian or hiking trail.
D. In such a place or manner as would block or obstruct any gate, entrance, or exit.
E. In such a place or manner as to take up more than one marked parking space
in any authorized parking area.
F. In such a place or manner as to block or obstruct the free flow of traffic.
G. Within 15 feet of a fire hydrant.
H. Adjacent to any curb painted red.
I. In any Park or Open Space land after sunset except pursuant to a written permit.
J. In areas signed for permit parking on Park or Open Space land without a written
permit.
K. In any other place on Park or Open Space land not designated by the City as an
authorized area.
The gravel parking lot at the Towle Campground at Foothills Park may only be used for
parking by persons with camping reservations. There is a limit of 2 vehicles for the eight
person campsites and 4 vehicles for sixteen-person campsites. The parking area is
restricted to passenger vehicles and small trucks. Recreational vehicles, trailers or other
self-contained vehicles (regardless of size, weight or number of axles) are not allowed
in the Towle Campground parking lot or beyond the gate at the edge of Orchard Glen
Picnic Area. Recreation vehicles or other self-contained vehicles may not be parked in
Foothills Park over-night. Non-camping guests should park in the available day-use
parking lots.
R1-37. OPERATION OF MOTOR VEHICLES
No person shall operate, propel, or leave standing any motor vehicle on Park or Open
Space land, except:
A. Emergency vehicles operated within the scope of official use.
B. Upon roads, trails, or paths, which may from time to time be set aside and
posted by the City for the use of specifically designated vehicles.
C. Upon roads and parking areas open to the public during regular open hours.
D. Motor vehicle includes, but is not limited to, any vehicle as defined by section
415 and/or 670 of the California Vehicle Code, motorcycles, off-road vehicles,
"dirt bikes", and similar vehicles.
This section shall apply to all motorized bicycles, carts, scooters, hoverboards,
skateboards, and electric personal assistive mobility devices (Segway or similar device)
except those devices used by disabled persons.
R1-37A. VEHICLE WEIGHT LIMIT ON BAYLANDS ROADS AND PARKING LOTS
No person shall operate or park any vehicle in excess of 6,000 pounds weight on any
roads or within any parking lot of the City-owned Baylands or John Fletcher Byxbee
Recreational Areas.
R1-38. VIOLATION – PENALTY
A. The Director shall have authority to revoke a permit upon a finding of violation by
the permittee or persons acting under the permit of any regulation contained in
this chapter or upon a finding of violation of other City ordinance or law of this
state in the exercise of the permit.
B. The Director or designee shall have the authority to eject from any park facility
any person acting in violation of regulations contained in this chapter.
R1-39. PLAYGROUNDS
No person shall use personal exercise equipment, including dumbbells and exercise
straps, at any playground if it inhibits children from using the playground, or if the exercise
equipment negatively impacts the playground surfacing or equipment.
R1-40. COMMUNITY GARDENS
The City of Palo Alto provides, subject to availability and a license agreement, space for
Palo Alto residents to enjoy organic gardening. All persons visiting the Community
Gardens must comply with the following rules:
A. No dogs are allowed within the fenced area of any garden location except service
dogs. PAMC 6.16.100
B. No smoking inside the Community Garden area or on pathways around the
garden. PAMC 9.14.050
C. Garden visitors must stay on designated paths, and refrain from picking any
produce or flowers subject to PAMC 22.04.270.
D. Wood chips at the garden are supplied only for the plot renters at the Community
Garden for use within the Community Garden and shall not be removed by
unauthorized persons.
E. Compost bins are for Community Gardeners use only subject to PAMC 5.20.030.
The Director may promulgate guidelines for the registration and use of the community
gardens that do not conflict with these rules.
R1-41. SIDEWALK VENDORS
A. These regulations related to sidewalk vendors implement SB 946 (2018) as
codified at Govt. Code 51036 et seq. “Sidewalk vendor” in this regulation shall
have the same meaning as that in Govt. Code section 51036.
B. Sidewalk vendors shall not operate in the following areas in Palo Alto parks:
1. Maintenance or storage yards;
2. Parking lots, parking stalls or designated parking areas;
3. Trails less than 8 feet wide;
4. Grass, synthetic turf, synthetic track and vegetated areas. (Vendors may only
be on hardscape areas such as asphalt, concrete, decomposed granite, and
dirt trails that are at least 8-feet wide);
5. Recreation areas designated for specific sports or activities (playing fields,
courts, skateparks, etc.);
6. In any location that interferes in any way with anyone engaged in a physical
activity or entering onto any playing field, sport, or similar facility for use by
participants or approaching spectators who are watching a sporting activity;
7. Within 100 feet of any building, recreation center, senior center, bathroom,
structure, or playground. Sidewalk vendors must not in any way impact the
use and operation of these facilities;
8. Anywhere in the Baylands Athletic Center and Stanford Palo Alto Playing
Fields when snack shacks are open for business and are designated by the
City as an exclusive concession;
9. Within 5 feet of park benches;
10. Within 25 feet of picnic tables;
11. Within 25 feet of any fountain, monument, or art installation;
12. Any park or open space area that has an exclusive permitted food provider
(e.g. the Baylands Golf Links); and
13. Any portion of a park or open space within 250-feet of any school site during
instructional hours;
C. Sidewalk vendors operating in the following open space areas are permitted only
in the areas specifically designated as follows:
1. Baylands Nature Preserve
In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a
time (first come first served). Any additional vendors would start to block access for park
visitors.
In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a
time (first come first served). Any additional vendors would start to block access for park
visitors.
In the following area of the Baylands Nature Preserve, there is a limit of 1 vendor at a
time (first come first served). Any additional vendors would start to block access for park
visitors.
2. Esther Clark Park
There are no locations for sidewalk vendors at Esther Clark Park.
Esther Clark Park has no areas that allow for sidewalk vending due the fact it has no
sidewalk or paved areas, as well as its location in a single-family residential
neighborhood. The park is undeveloped and has no parking lots.
3. Foothills Nature Preserve
In the following area of the Foothills Nature Preserve, there is a limit of 1 vendor at a
time (first come first served). Any additional vendors would start to block access for park
visitors.
4. Pearson Arastradero Preserve
In the following area of the Pearson Arastradero Preserve, there is a limit of 1 vendor at
a time (first come first served). Any additional vendors would start to block access for
park visitors and reduce available parking.
D. Sidewalk vendors in all park and open space areas shall comply with the
following:
1. Sidewalk vending (including set-up and clean-up) is permitted only between
9:00 A.M. and 30 minutes prior to sunset and must vacate the park by sunset.
2. No vending conveyance, stand, or pushcart shall touch, lean against, or be
affixed to any lamp post, parking meter, mailbox, traffic signal, picnic table,
fire hydrant, tree, plant, planter box, rock formation, bench, bus shelter, or
trash can.
3. Nothing in these regulations authorizes vending of personal services including
but not limited to boot camps, massage services, yoga, dog training, animal
rides, petting zoos, or sports/fitness classes.
4. Cannot sell products whose use is prohibited in the park, including tobacco
and cannabis.
5. Cannot sell unsanitary or unsafe, dangerous, or harmful food, beverage, or
merchandise. Including archery equipment, knives, sling shots, or any objects
that appear to be weapons, such as squirt guns, toy guns, or toy knives.
6. Are responsible for clean-up, storage, and subsequent removal from the park
or preserve of any waste, food items, package, litter, or materials occurring
because of or related to their vending activity.
7. Are prohibited from placing any liquid or solid waste in park trash cans,
including dumping ice on park property. Vendors must pack out their garbage
and waste, including grease.
8. Are prohibited from hooking up to or using any water, electrical, or gas outlets
for the sale of their food or merchandise.
9. Are prohibited from using park benches and picnic tables.
10. For parks, the number of vendors per park are limited (a) to two (2) vendors
per acre and not within 25 feet of another vendor, and (b) not to exceed eight
(8) at any one time. For open space areas, only one vendor at a time is
allowed in the designated area (see maps)
11. Vending in park shall be on a first come first available basis.
12. Vending is prohibited during any City sponsored or permitted special event
(e.g., festival, concert, movie night, class, carnival, parade, running event,
class, or other permitted activity).
13. In open space areas, sidewalk vendors shall not make any outcry, blow a
horn, ring a bell, or use any sound devices or musical instruments for the
purpose of attracting the attention of potential patrons.
APPROVED:
City Manager Date:
Director, Community Services
Adopted by City Council June 24, 2002; Revised June 28, 2004; Revised January 24,
2005. Revised February 3, 2006. Revised April 14, 2008. Revised March 14, 2011.
Revised November 19, 2012 Revised May 20, 2013, Revised March 5, 2018, Revised
February 2, 2021.