PEDDLERS' TIME ON STREET LIMITED; PRESENCE RESTRICTED IN CERTAIN AREA; IMPEDING PEDESTRIANS PROHIBITED; WASTE RECEPTACLE REQUIRED ON STAND, CART, ETC.
Raleigh City Code § 12-1024
in effectSec. 12-1024. - PEDDLERS' TIME ON STREET LIMITED; PRESENCE RESTRICTED IN CERTAIN AREA; IMPEDING PEDESTRIANS PROHIBITED; WASTE RECEPTACLE REQUIRED ON STAND, CART, ETC.
(a) All vending controlled by the Private Use of Public Spaces Handbook as adopted by the Raleigh City Council on February 20, 2007, and as subsequently amended shall only be conducted pursuant to the terms of that document. Anyone vending without a permit or outside the parameters of the handbook relating to location, type of cart, product sold, or any other specification shall be guilty of a misdemeanor. The misdemeanor may be punished by a fine greater than fifty dollars ($50.00) as set out in N.C.G.S. 14-4.
(b) Except pursuant to a special event permit, it shall be unlawful to peddle in the streets of the City items other than home-made food goods, fresh cut flowers, fruits, vegetables, nuts, eggs, meat, dairy products, and original artworks and handicrafts produced by the peddler. If a special event permit is granted the peddler may also sell merchandise which is related to the event for the permit has been granted. The peddler shall comply with all of the following conditions:
(1) The peddler shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation. The fee for the annual permit is as set forth in the City of Raleigh Fee Schedule. Permits are not transferrable;
(2) The peddler shall comply with all federal, State, and local regulations applicable to the products offered for sale, including health and food safety regulations.
(3) The peddler's operations shall not impede, endanger, or interfere with travel on or use of the street or the sidewalk by the public.
(4) The peddler shall obey all parking regulations. If the parking space selected by the peddler is not a metered space, the peddler shall park to conduct sales for a maximum of two (2) hours during anyone day.
(5) The peddler shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb or inside the peddler's vehicle;
(6) The peddler shall promptly remove any trash associated with its operation and may not dispose of its trash in any City-owned public trash receptacle;
(7) The vehicle used by the peddler shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of any parking space in which it is located;
(8) The peddler shall provide proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000) with the City named as an additional insured. The peddler shall also hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and,
(9) The peddler shall not locate within fifty (50) feet of a fixed-location or City permitted pushcart business of a competing nature or within fifty (50) feet of an outdoor dining space. No peddler may operate within fifty (50) feet of another peddler operating under this section.
(10) The peddler shall not operate within an area designated for a special event unless the peddler is a part of the permitted special event.
(c) Vendors who operate solely from a zero-emissions motorized vehicle licensed by the State Division of Motor Vehicles to operate on streets and highways may peddle those items described in subsection (b) from commercial loading zones within the Downtown Overlay and Glenwood South Business Districts on the following conditions:
(1) The vendor shall obtain an annual permit from the City after establishing that the vendor complies with all legal requirements for its operation;
(2) All equipment required for the operation and the operation itself is contained within the zero-emissions motorized vehicle;
(3) The vendor may occupy the loading zone space at the end of the posted period for the loading zone space and shall remove all equipment and leave all loading zones no later than 11:00 p.m.;
(4) The vendor shall not use or permit customers to use the street. All vending transactions with customers shall occur at the curb;
(5) The vendor shall promptly remove any trash associated with its operation;
(6) The vehicle shall be no larger than shall have a gross vehicle weight when unloaded no greater than three thousand nine hundred (3,900) lbs. and the vehicle shall not extend beyond the boundaries of the commercial loading zone;
(7) The vendor shall hold the City, its officers, councilors, and employees harmless and indemnify them for any loss, liability, damage, and costs and expenses arising from its operations; and,
(8) No fixed-location business of a competing nature and no outdoor dining space is located within 50' of the loading zone parking space to be used by the vendor.
(d) Provided further, it shall be unlawful for any person to erect, maintain or have any stand, cart or vehicle upon any street which impedes, endangers or interferes with the travel upon or use of the streets by the public. Each such stand, cart or vehicle shall be equipped with a waste receptacle and shall have rubber tires.
(e) All pushcarts must obtain and maintain a permit for each location where the owner of the pushcart intends to operate. All applications for permit renewal must be filed no later than June 20 preceding the next permit year. During the period June 21 through July 1 the permits for any spaces that were not renewed will be available to new applicants. In the event that more than one applicant desires one of the abandoned locations the City will conduct a lottery to assign that space. The price of each permit and permit renewal is as set forth in the City of Raleigh Fee Schedule. Permit applications shall contain the following information:
(1) A home occupation use permit for a home based business.
(2) A food vending permit from Wake County.
(3) A valid City of Raleigh business license.
(4) A scaled sketch plan or photographs showing proposed cart location, dimension, and details of surrounding streetscape elements, covering six (6) feet on all sides of the edge of the cart operation area including property lines, sidewalks, curb lines, lighting, trees indicating size, tree grates, planters, parking meters, benches, street signs, bus stops and fire hydrants. The cart operation area shall not exceed one hundred (100) square feet.
(5) A list of products to be sold.
(6) Proof of a valid insurance policy that provides a minimum liability coverage of one million dollars ($1,000,000.00) with the City named as an additional insured.
(7) A written indemnity agreement that will hold harmless the City, its officers, and employees, for any loss or liability or damage, including costs, for bodily injury or property damage sustained by a person as a result of the negligent installation, use, or maintenance of a permitted space.
(8) A food permit from the N.C. Department of Agriculture if the applicant intends to sell baked goods or ice cream.
(f) Permit holders may be required to remove private materials or accessories to allow street, sidewalk, or utility access for maintenance operation or during approved special events. All permits issued pursuant to this section shall be suspended during a special event approved by the City Council. Carts are excluded within four hundred (400) feet of the edge of any special events area unless the permit holder is given permission from the event sponsor to set up within the designated event area. No more than three (3) permits per cart shall be issued to any cart owner.
(g) Pushcarts are prohibited in areas not zoned for commercial use. In all other areas of the City the carts shall conform to the following regulations regarding location and operation:
(1) Carts must not locate in any area that impedes, endangers, or interferes with pedestrian or vehicular traffic.
(2) Carts selling food products must be located at least fifty (50) feet from the entrance to any business selling food unless the owner of the other business gives written permission for the infringement of the no vending area.
(3) Carts must locate at least fifty (50) feet from any outdoor eating area.
(4) Carts must be located at least two (2) feet from any curb.
(5) Carts must not be locked or attached to trees or street furniture.
(6) Carts must maintain an unobstructed pedestrian corridor of a minimum of five (5) feet in width parallel to the street. On Fayetteville Street the minimum pedestrian corridor is seven (7) feet.
(7) No more than two (2) carts will be allowed on any block face.
(h) All carts must meet the following design standards:
(1) Carts must be non-motorized with operable wheels. Persons with disabilities may use a motorized system to propel the cart.
(2) All carts must be self contained with a waste receptacle. All equipment other than coolers must be contained on or with in the cart.
(3) A cart may not exceed nine and one-half (9.5) feet in height and eight and one-half (8.5) feet in length and four (4) feet in width. Carts permitted prior to 2007 may continue to operate if they exceed any of these dimensions.
(4) Umbrellas or canopies must be attached to the cart and must not exceed nine and one-half (9.5) feet in height above grade. Maximum diameter of canopies and umbrellas shall not exceed six (6) feet and shall not interfere with pedestrian movement. No cart shall have more than two (2) umbrellas.
(5) Carts must be constructed of durable material and not plastic or wood may be visible.
(6) Carts must comply with all local, state, and federal rules regarding sanitation and protection of food from airborne contamination.
(7) All signage on carts shall comply with the Raleigh Sign Ordinance. No free standing signage is permitted.
(8) Sales of goods and merchandise are limited to food and beverage, fresh cut flowers, or original artwork and handicrafts produced by the vendor. All items for sale must be confined to the cart. Food vendors may place a maximum of three (3) coolers within their containment area so long as the coolers are neatly stacked to avoid visual clutter. No generators may be used at any time.
(9) A vendor may maintain one chair for his own use. No public seating is allowed. Pushcarts may not be stored, parked, or left overnight on any City property.
(10) Carts may only be operated between the hours of 6:00 a.m. and 1:15 a.m. Cleanup and removal of the cart must be completed by 1:45 a.m. The operator must be present at all times and must have a valid permit on his person or on the cart at all times.
(11) Permits are not transferrable.
(12) The operator is responsible for all waste and trash removal. The containment area must be kept clear of grease, trash, paper, cups or cans associated with the operation. No liquid waste or grease is to be disposed of in tree pits or onto the sidewalks, streets or other public places.
(i) Any street vending performed that is not in compliance with these regulations is illegal.
(j) A permit is revoked if the operator receives three (3) citations, either civil, criminal or combination thereof during any calendar year.
(k) Violation of this section is a misdemeanor and may also be enforced through issuance of a civil penalty pursuant to §14-1005, through injunctive or other equitable relief, or a combination of remedies.
(Code 1959, §9-12; Ord. No. 1980-393, §§5, 6, 6-3-80; Ord. No. 1989-441, §1, 10-3-89; Ord. No. 2010-773, §1, 8-3-10; Ord. No. 2010-815, §1, 12-7-10; Ord. No. 2011-835, §1, 2-1-11; Ord. No. 2012-87, §1, 7-3-12; Ord. No. 2015-489, §1, 9-15-15; Ord. No. 2019-949, §1(Att.), 6-4-19, eff. 7-1-19; Ord. No. 2020-64, §§1, 2, 3-3-20; Ord. No. 2021-305, §1, 11-16-21; Ord. No. 2022-339, §29, 2-15-22)
Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT12LIRE_CH1STPUWA_ARTBSTUSCL_S12-1024PETISTLIPRRECEARIMPEPRWARERESTCAETFetched: 11/1/2026