Vendor selling fruit in front of my house – is this legal?

[emily]

I live near Alki on a busy street corner. For at least the second time this summer, a man has arrived on “my” corner and set up a fruit stand.

I have two major complaints about this. First, it really freaks out my dog. Secondly, and more importantly, this is a really busy corner and having cars pull over (often blocking or in my driveway or double-parking) causes traffic to backup.

I’m somewhat afraid to confront this man (I’m a somewhat small-ish woman who watches too many crime shows). Do I have any recourse about this? Is he actually breaking any laws?

Thank you!

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[JoB]

Go buy some fruit and ask him if it was difficult to get a permit to set up on that corner…

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[rockergirl]

Sounds like he needs a permit and your permission – check out

Seattle Municipal Code- http://clerk.ci.seattle.wa.us/~public/code1.htm

Information retrieved July 25, 2009 3:12 PM

Title 15 – STREET AND SIDEWALK USE

Subtitle I Street Use Ordinance

Chapter 15.17 – Vending

SMC 15.17.100 Food and flower vending by cart from a

site.

An authorizing official may issue a permit to authorize the use of a

public place for the sale of food, flowers, and nonalcoholic beverages

from a cart, stationed at an authorized site, under the following

terms and conditions:

A. Vending of food and beverages must meet all standards established

by the Seattle-King County Health Department, and if propane or a

combustible fuel is used, the requirements of the Fire Department.

Vending may not occur in a single-family or residential low-rise zone;

B. Food and beverages sold must be capable of immediate consumption;

C. The cart for vending food and/or beverages may not be more than

five feet (5′) long, five feet (5′) high, and three feet (3′) wide;

the authorizing official may also permit awnings;

D. The cart must be capable of being pushed by one (1) person, with at

least two (2) functional wheels and positive wheel locking devices;

E. The wheels of the cart must be locked while the vendor is offering

to conduct business, and the cart must be removed from the public

place after business hours;

F. The vendor must provide public liability insurance naming the City

as an additional insured in an amount determined by the authorizing

official by rule;

G. The vending site must be kept clean at all times. When vending

involves a container or wrapper, the vendor must supply a refuse

container;

H. No mechanical audio or noise making devices or hawking is allowed;

I. Electrical utility connections are permitted to the adjacent

property, but no lines may be extended overhead or upon the sidewalk;

J. The vendor must present to the City written approval for the

vending by the adjoining property and/or tenant; if the tenant and

property owner disagree, the property owner’s decision controls;

K. If the vending occurs within two hundred feet (200′) of a park or

public school, the vendor must present written consent of the

Superintendent of Parks and Recreation or the Seattle School District,

respectively; if the vending occurs within two hundred feet (200″) of

a private school, the vendor must present proof of mailing or delivery

of notice of the application to the school’s administrator and an

opportunity for comment shall be allowed. No vending of flowers may

occur within two hundred feet (200′) of an established florist without

the written consent of the florist.

L. The vendor satisfies such other criteria and requirements as the

authorizing official may establish from time to time by rule in the

public interest.

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[emily]

Thank you, rockergirl! I’ll print this out so I have it next time he shows up.

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[jissy]

emily: Saw someone set up selling cherries in the Junction at the west side of the northern most mid-block crosswalk today (Sat. 7/25)…. thought it very odd myself and wondering why he/she wouldn’t get a spot at the Farmer’s market.

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[JoB]

Spots at the farmer’s market are expensive..

and all vendors have to be selling local organic fruit…

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[HunterG]

Is this the guy selling mangoes?

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[WSB]

I should have taken a picture – noticed that guy while en route to cover the Alki Art Fair early this afternoon. The drawback if you don’t talk to him yourself is that this isn’t something that is going to draw some sort of immediate response, but I would suggest talking to the city (you can call the general “help” number and they’ll route you) to see what they advise doing if he shows up again.

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[emily]

I wondered if someone would know who I was talking about! Thanks for all of the info. I think now that I know I’m “in the right,” I’ll be more willing to talk to him.

Thanks again!

And no, I don’t think he has mangoes!

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[kg]

Thanks guys I’ll be sure to tell those pesky kids to get a permit before they open their lemonade stand.

Just because it’s hot outside doesn’t mean they can refresh me with a glass of ice cold lemonade for 25 cents.

/sarcasm

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[cjboffoli]

Someone selling fruit in front of my place would need to understand that there’s a ‘vig’ involved. A flat of blueberries would have to get kicked up to make sure that everyone, from the capo to the head of the family gets covered. And even then I’d have to forbid the sale of oranges. If you’ve seen the Godfather you’ll understand why.

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[MargL]

HunterG – I drove by Tony’s today and he’s advertising Jumbo Mangos for 99-cents each. They close at 7pm these days, tho’.

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[Jersey Jill]

I stopped and bought a half flat of strawberry’s from him yesterday for $13.00. Alot less than Thriftway and very fresh and delicious. As for people blocking traffic and double parking it took all of 3 minutes to make my purchase and leave. Come on you guys he is trying to make some money and selling fresh delicious fruit. Would you rather have him stealing like the junkies in my neighborhood (Morgan Junction) to make a little money. He is harmless and very nice. As for Tony’s the produce will be spoiled before you even pull in your drive way. Yes he also has mango’s and Papya’s. Come on Emily cut the crap and go talk to the guy and buy some fruit for godsake.

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[flowerpetal]

I think it is legitamate to not want people to block your driveway particularly if you or company are arriving or leaving and need to use the entrance. And concerns for safety of others when people make bad decisions for pulling over to get fruit seems to be fair to me.

My advice would be to turn off the t.v. or change the channel if you are watching too many crime shows and the results are making you fearful. If its a bad thing in your life, get rid of it. You could turn on one of those dog training programs or find an obediance class which would help your dog to be less freaked out and a happier pup.

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[emily]

Thank you to the people who answered my question. I’m sorry that I posted anything other than that.

Flowerpetal, I don’t like to approach strange men who know where I live. I don’t think that’s too unusual. And my dog is perfectly fine. People hanging around “her” yard for hours a day upsets her. I think that’s pretty normal too.

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[flowerpetal]

Sorry to have come off the way I did Emily. I fully agree with you about your safety concerns. Perhaps I took you too seriously when you made the comment about crime programs on t.v. affecting your view on your safety. The way you stated it in post #15 makes perfect sense to me.

I hope things are resolved to your satisfaction.

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[JoB]

emily..

how will the street vendor know that you object to his presence if you don’t tell him?

Because that is what it boils down to.

Walk to the street.. introduce yourself and tell him about the inconvenience he is causing you and ask him if he can find another spot to do business.

If he is not responsive… ask to see his permit.

if he is a jerk, call your local police department and tell them you have talked with him and he is not moving and he did not show you a permit. They will handle it for you.

if you are uncomfortable doing this alone.. call me at 206-938-0361 and i will be glad to come over and talk with him for you.

I will even park in the street and walk up to him so that he doesn’t know you have complained.

If he is there as often as you suggest and his stand is as intrusive as you suggest..

then he knows who you are and where you live.. no getting around that.

what he may not know is that his stand is making you feel unsafe.

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