§ 35-679. Other Requirements and Regulations.

(a)

Garbage or Trash Storage. No collections, or storage for refuse, debris or garbage produced by any residence, business or industry in the river improvement overlay district or elsewhere shall be allowed in a river improvement overlay district when such collections or storage is visible from the publicly owned Riverwalk. No hanging of laundry, cleaning rags, mops, or similar items shall be allowed within view of the Riverwalk.

(b)

Portable Carts. Portable vending carts may be located on leased public property or private property on the Riverwalk with approval from the historic and design review commission. Applications for a certificate of appropriateness must include details regarding type of cart, items to be sold, method of controlling litter, location, and other pertinent information.

(c)

Boats, Barges and Water Taxis. Any and all private boats, barges, and water taxis allowed to operate on the San Antonio River on a permanent basis will require a certificate of appropriateness from the historic and design review commission. Details regarding the size and design, type of power sources, and other pertinent information shall be presented to the historic and design review commission for their review.

(d)

Monuments, Markers, Memorials, and Acknowledgements. Monuments, markers or memorial plaques are not permitted on the riverside of property abutting the river, or within the publicly owned right-of-way without the express written consent of the historic preservation officer. The following standards shall apply:

(1)

Texas historical markers are permitted, but must be mounted to walls or structures. Pole-mounted THC markers are not permitted in "RIO-3."

(2)

Monuments and memorial plaques must commemorate an event or person significant to the Riverwalk or the history of the Riverwalk. To assure that the significance of an event or person has withstood the test of time, memorial plaques may commemorate an event ten (10) years or older a person ten (10) years or more posthumously.

(3)

Memorial gifts, such as benches, fountains or art etc., may from time to time be accepted as gifts by the city, plaques acknowledging the gift shall be bronze and no larger the ten inches by four inches (10" x 4"). Memorial plaques for a gift of a tree or other plantings are not permitted.

(4)

Placement of monuments, memorials and markers will be under the jurisdiction of the director of parks and recreation, rather than the director of planning, after consultation with the historic preservation officer.

(5)

Plaques recognizing donors for significant improvements or plaques acknowledging the naming of significant improvements such as, but not limited to, pocket parks, footbridges, fountains, grottos, gardens, gazebos, boat landings, overlooks and other significant features may be placed along the San Antonio River. The plaques may be no larger than four (4) square feet and must be made of either cast bronze, cast aluminum (or other suitable metal), carved stone, or tile. Language utilized (in recognition of an individual, corporation or foundation) on a plaque must contain language substantially similar to "sponsored by, underwritten by, a gift from."

(e)

Vending in the Riverwalk Area.

(1)

Definitions. The following definitions apply to this subsection 35-679(e) in addition to those definitions contained in Appendix "A":

Display means any manner in which the property owner, property operator or employee thereof shows, exhibits, demonstrates, presents, or otherwise makes visible goods, merchandise, or service.

Hawk means offering goods, merchandise, or services by calling or crying out.

Inhibit means to cause any person walking along the Riverwalk area right-of-way (sidewalk/pathway) to swerve, dodge, change direction, or come to a complete stop to avoid a display, transaction or person involved in vending.

Riverwalk area means the area defined in Appendix "A" and includes the area on or adjacent to any appurtenance along the public right-of-way along the Riverwalk area below street level such as public seating, common areas, open space, balustrades, stairwells, buffer zones, dividing walls, landscaping, planters, and/or vegetation and any structure attached to or outside the walls of an enclosed building on any side of any Riverwalk area premises, including balconies and stairwells, along or adjacent to the Riverwalk area.

Vend shall have the meaning provided in appendix A.

(2)

Vending Prohibited in Riverwalk Area.

(a)

It shall be unlawful to hawk, sell, or vend goods, merchandise, or services in the Riverwalk Area on public property, or on the public right-of-way, or on public property between the river and public right-of-way, or in the Riverwalk Area on private property that is within view from public property in the Riverwalk Area regardless of who initiates the contact or purchase, provided that any vending that inhibits pedestrian flow on the Riverwalk Area right-of-way (sidewalk/pathway) is prohibited notwithstanding any lease provision or the possession of a validly issued permit.

(b)

It shall be unlawful to hawk, sell, or vend goods, merchandise, or services in the Riverwalk area on public property or on the public right-of-way or in the Riverwalk area on private property that is within view from public property in the Riverwalk area notwithstanding the provisions of any other chapter of the City Code of San Antonio, Texas.

(c)

It shall be unlawful to display and/or transport merchandise or goods within the Riverwalk area right-of-way (sidewalk/pathway) unless the merchandise or goods are enclosed, covered or otherwise not visible during transport.

(3)

Exceptions. The prohibition against vending does not apply to the following:

(a)

Vending of food and/or beverage services provided that such vending complies with all other laws and the food and/or beverage service, does not inhibit pedestrian flow on the Riverwalk area right-of-way (sidewalk/pathway), and is offered and exchanged solely within stationary eating establishments to patrons seated outside the structure of the building; all other Vending offered in such establishments shall require a permit issued under subsection (d) below; or

(b)

Vending of goods, merchandise, or services offered and exchanged solely within the interior of any permanent structure; or

(c)

Vending of goods, merchandise, or services offered and exchanged by the river barge operator under the Downtown San Antonio River Barge Concession Contract; or

(d)

Vending of goods, merchandise, or services as allowed by permit from the City of San Antonio. The vending shall be an ancillary use to and compatible with the main business of the property in which the vending is taking place; or

(e)

Displaying signs or boards approved under section 35-678 of this chapter; or

(f)

Wearing nametags, badges, shirts, aprons or other personal clothing attire with company information, logos or other identifying items; or

(g)

Display of goods on a portable vending cart on real property owned by a private individual or business, or real property owned by a private individual or business approved in accordance with the provisions of subsection 35-679(b) of this chapter provided that any completed sales of such goods takes place in the interior of an enclosed building; or

(h)

Vending officially sanctioned by the City of San Antonio as part of a special event sponsored or co-sponsored by the City of San Antonio; or

(i)

Vending of goods, merchandise, or services as allowed by permit from the City of San Antonio.

(4)

Permits.

(a)

Private Property Vending Permits. Private property vending permits shall be issued annually by the designated city department in accordance with procedures adopted by the city manager or the city manager's designee. The city manager is authorized to adopt policies allowing for singing groups or other group performers to qualify for a group private property vending permit provided that such groups always stay together as a unit while exercising their vending rights under the permit and provided that each individual in the group has otherwise satisfied the conditions of obtaining a permit such as the required criminal background check and the wearing of an identifying badge or card. A fee shall be charged in accordance with the provisions of section 35-C112 of the City Code of San Antonio, Texas. The city manager shall have authority to issue permits solely for privately controlled spaces, including real property owned by the City of San Antonio and leased to a private individual or business, or real property owned by a private individual or business. The director of downtown operations shall have authority to immediately suspend, subject to an appeal process to the city manager or the city manager's designee, any such permits in event that the permitee does not comply with the adopted policies and procedures or is in violation of this chapter.

(b)

Public Property Vending Permits. Six (6) public property vending permits, one for each designated public property vending location, shall be issued annually by the designated city department in accordance with policies and procedures adopted by the city manager or the city manager's designee. The public property vending permits shall be subject to the authority of the city manager or the city manager's designee to designate special events including crafts shows and parades which shall take precedence over the rights issued in the Permits and during which vendors operating under a public property vending permit shall not be allowed to operate. The city manager or the city manager's designee will identify the six (6) public property vending locations according to the following criteria: (i) each site shall be sixty (60) square feet; (ii) each site shall in an area of public property on the Riverwalk to allow for a minimum of eight (8) feet of Riverwalk area right-of-way (sidewalk/pathway) adjacent to the site; (iii) each site shall be a minimum of fifteen (15) feet from any leased patio space, any public seating, such as a park bench, and any barge loading station. Each site shall be securely marked by any means deemed appropriate. A fee for the public property vending permit shall be charged in accordance with the provisions of section 35-C112 of the City Code of San Antonio, Texas.

(5)

No Modification to Other Laws. This section is not intended to and does not modify any requirements or necessary compliance with all other applicable ordinances, statutes or laws.

(Ord. No. 95352 § 3 Attachment 2) (Ord. No. 2006-11-01-1256, § 2, 11-2-06; Ord. No. 2007-12-13-1327, § 6, 12-13-07)(Ord. No. 2015-12-17-1077 , § 2, 12-17-15)