City Council Agenda
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Memo to: |
Manteca City Council |
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From: |
Kousha Mckeenejad, City Attorney’s Office |
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Date: |
May 12, 2026 |
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Subject: |
Amendment of MMC Chapter 12.24 “Sidewalk Vending Program,” Section 12.24.070, “Prohibited Activities and Locations” - Buffer Zone Revision |
Recommendation:
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Waive the first reading by substitution of the title and introduce an Ordinance of the City Council of the City of Manteca, State of California, amending Chapter 12.24 “Sidewalk Vending Program” section 12.24.070 “Prohibited activities and locations” to revise buffer zone distances a sidewalk vendor can engage in vending from a certain location or event within the City.
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Background:
The Manteca Municipal Code (MMC), Chapter 12.24 “Sidewalk Vending Program” sets out the rules and regulations for sidewalk vending within the City of Manteca (“City”).
Section 12.24.070 of the MMC “Prohibited activities and locations”, sets out prohibited activities and locations for sidewalk vendors engaging in vending activities within the City.
Since adoption, City staff, parks and recreation personnel, and law enforcement have received complaints arising from sidewalk vendors operating without authorization near permitted farmers’ markets, permitted special events, and certain recreational facilities and restrooms. The fifty-foot buffer has proven insufficient because vendors positioned just outside its boundary continue to generate the same crowd draw and access interference the buffer is designed to prevent.
The restrictions imposed by this proposed amendment are supported by the following findings:
• Pedestrian congestion and emergency access. Sidewalk vending by persons who are not authorized participants in a permitted event or organized activity creates conditions of pedestrian congestion in proximity to event perimeters, facility entrances, and spectator areas. These conditions can impede emergency vehicle and personnel access, obstruct required paths of travel, and create hazards for event participants, particularly in high-attendance situations.
• Integrity of the City’s permitting system. Permitted farmers’ markets, special events, and organized recreational programs operate under City-issued permits that impose health, safety, insurance, and operational requirements on authorized vendors. Vending by unauthorized persons in immediate proximity to these permitted activities undermines the regulatory framework the permits are designed to enforce and creates inequity between those who comply with permit requirements and those who do not.
• Sanitation and public health near youth facilities. Unregulated food and goods vending in proximity to playgrounds, picnic areas, and public restrooms presents sanitation risks, including accumulation of food waste and packaging in areas used predominantly by children and families. These facilities are subject to City maintenance and health standards that unregulated adjacent vending activity can undermine.
• Operational interference with recreational facilities. Commercial activity by persons who are not part of an organized athletic or recreational program conducted at a City facility has the potential to interfere with the conduct of that program, including participant and spectator access, facility sight lines, and the orderly use of the facility for its intended public purpose.
The proposed amendment will increase this buffer zone from fifty feet to five hundred feet. A five-hundred-foot buffer during active event periods is the minimum distance reasonably necessary to separate unauthorized commercial activity from the operational area of permitted events and organized activities.
The City Council further finds that the restrictions imposed by this Ordinance are not a general prohibition on sidewalk vending. Vending remains lawful throughout the City outside the designated buffer zones. The ordinance does not restrict vending based on the content of goods sold and applies equally to all sidewalk vendors regardless of the nature of their merchandise.
Fiscal Impact:
There is no fiscal impact associated with this item.
Documents Attached:
1. Attachment 1 - Ordinance
2. Attachment 2 - Redlined Ordinance