Title
Street Vending Ordinance Revision
Action
Action:
Approve amendments to City Code of Ordinances Chapter 6, Article VIII - Peddlers and Article X - Tryon Street Mall Vendors.
Body
Committee Chair:
Victoria Watlington, Housing, Safety, and Community Committee
Staff Resource(s):
Shawn Heath, City Manager’s Office
Charlie Jones, Transportation
Current Ordinance
§ On April 28, 2025, the Mayor asked the Housing, Safety and Community (HSC) Committee to consider policy and/or ordinance considerations that may be needed to strengthen the city’s ability to ensure street vendors and peddlers contribute to a safe and vibrant atmosphere, including the fine structure for illegal vending.
§ A public input session was held on May 22, 2025, to gain perspectives and concerns from stakeholders. Participants included small businesses, residents, and street vendors.
§ Two main issues identified are 1) frequent ordinance violations with limited enforcement tools in the Congested Business District, and 2) growing challenges related to street vending in high-density areas with relatively narrow sidewalks.
§ Street Vending is governed by city ordinance Chapter 6 Businesses and Trades Article VIII. - Peddlers, and Article X. - Tryon Street Mall Vendors.
§ Street vending is unlawful within the Congested Business District, except for the Tryon Street Mall program that allows street vending with a permit at an assigned location.
§ Street Vending violations in the Congested Business District currently fall under city code of ordinances ARTICLE II. - ENFORCEMENT AND APPEALS, Sec. 2-21. - General penalty; additional remedies. Subsection (a):
- Unless otherwise provided or prohibited by applicable law, any person violating any section of this Code or any ordinance of the city may be assessed a fine in accordance with G.S. 14-4 and G.S. 160A-175 in an amount not to exceed $50.00.
§ Street vending violations in the Tryon Street Mall area currently fall under city code of ordinances ARTICLE X. - Tryon Street Mall Vendors, Sec. 6-523 - Enforcement:
- City law enforcement officers shall have the authority to issue citations in the same manner as described in section 2-24 as if it were fully stated in this article. A penalty of $10.00 may be levied against any person for violation of each section of this article for which a citation has been issued.
Proposed Changes
§ Amend sections 6-431 and 6-436 to add the North Davidson Street Market to the Congested Business District.
§ Add new section 6-439: Fines not to exceed $500 per violation.
§ Amend section 6-523: A penalty not to exceed $500 per violation.
Committee Discussion
§ The HSC Committee discussed the referral at the committee’s May 5 and June 2 meetings.
§ On June 2, the HSC Committee voted unanimously to recommend adding North Davidson Street to the Congested Business District for a pilot program not to exceed six months in duration, and to increase the civil penalty for peddling violations to a civil fine not to exceed $500.
§ At the June 9, 2025, City Council Action Review meeting, Council gave direction to bring the HSC committee’s recommendations forward for Council vote.
Attachments
Attachment(s)
Proposed Ordinance Changes