ADMINISTRATIVE REPORT
Date: July 16, 1996
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Additional Street Vending and Sidewalk Cafe
Enforcement Staff
RECOMMENDATION
A. THAT City Council approve a temporary full-time bylaw
enforcement position for one year, with a review in 1997, to
assist in the enforcement of street activity programs,
including street vendors, sidewalk cafes, and garbage
containers, and that the temporary staff position be subject
to job evaluation by the General Manager of Human Resource Services.
B. THAT the annual cost of the bylaw enforcement position,
estimated at $40,000, including benefits, be funded from
increased revenues from the street activity programs.
COUNCIL POLICY
The City regulates a number of street activities and takes appropriate
enforcement action against illegal practices as required.
PURPOSE
This report recommends the creation of an additional staff position to
enforce street vending bylaws and street activity regulations.
Enhancement of monitoring and enforcement is required to reduce illegal
vending and consequent inconvenience to businesses and residents.
BACKGROUND
In recent years there have been a number of changes approved by City
Council that affect the operation of the Street Vending Program:
- permitted open flame hot dog vending;
-2-
- limited the number of available permits to street vendors in the
Downtown peninsula to 100 and outside the Downtown peninsula to 20;
- supported the rights of street vendors to renew their permits on an
annual basis.
While this has created a more orderly environment for the legal
operation of street vending stands, it has increased demand for and
reduced turnover of street vending licences. This pressure may be a
contributing factor to the increased incidence of illegal street
vending.
Another aspect of illegal street vending that has become a serious
problem is the incidence of 'flea markets' on City streets and
boulevards. The most notable example of this has been the Bute St.
"flea market". In 1993 a vending problem began at the vacant lot at
1150 Bute St. An estimated fifty individuals have been using the site
and the adjacent sidewalk and boulevard illegally to sell merchandise,
much of it retrieved from dumpsters. As many as twenty vendors operate
at a time, often completely obstructing the sidewalk. Residents have
frequently complained about litter, alcohol consumption, noise, damage
to neighbouring property, and offensive and intimidating behaviour.
Also, sidewalk cafes have become much more numerous. Recent changes to
anti-smoking by-laws and the general increase in popularity of sidewalk
cafes has made such installations more attractive to business owners.
As a consequence, there have been a growing number of sidewalk cafes
operating without permits or in violation of the guidelines.
DISCUSSION
Enforcement of Guidelines and By-laws
The increased requirements for administration and enforcement of street
activity regulations have exceeded the capacity of the staff available
in the Parking and Street Activities Branch. At present, there are four
staff members who administer and enforce the Sidewalk CafÇ Program, the
Street Vending Program, the Garbage Container Program, and regulations
regarding ice cream trucks, sidewalk newspaper boxes, special event
vending, sandwich board signs, flea markets, and store merchandise on
City streets. Lack of staff has resulted in reduced enforcement
capabilities, overtime costs in the past three months of $8,000, and an
increase in illegal activities since violators are less likely to be
caught and fined.
-3-
At the Bute St. 'flea market', enforcement of City bylaws was enhanced
in August 1995, with daily visits to the site by police, sanitation
crew, and engineering administration staff to remove goods from the
area. Enforcement slowed over the winter but has increased since March
1996. Enforcement has proven effective only when it has been consistent
and persistent. However, staff limitations have made this impossible.
Enforcement of regulations begins with a warning letter being issued to
a street vendor or sent to a business owner. If a warning is ignored,
the individual can be fined or have their goods seized. Recently
seizures have been carried out on a daily basis. Permit-holding street
vendors can have their licences revoked if repeated violations warrant
such an action.
Public Reaction
The coordinator of the Robson Street Business Improvement Association
reported that at one time on an early-June weekday afternoon, as many as
twenty illegal street vendors were operating on the north side of Robson
between Thurlow and Bute. She points out that the number of illegal
vendors quickly increases at times when the vendors know that there will
be no enforcement, such as weekends or evenings when City staff are not
at work. Further, illegal vendors tend to begin an operation on a small
scale, then increase its size as it becomes apparent that enforcement is
unlikely. However, she also notes that enforcement has served to reduce
the street vending problem when it is regularly carried out. Such
regular enforcement has come at a cost of greatly increased overtime and
transfer of staff from other duties.
Proposal for New Staff Member
The proposed additional staff member will initially work on weekends and
on weekday afternoons and evenings. The duties of the new position will
include enforcement of regulations governing street vending, sidewalk
cafÇs, and other street-based activities. In addition, the new staff
member will assist the Sidewalk CafÇ Program coordinator with collecting
delinquent licence fees.
Benefits of Additional Staffing
There are several benefits to the City to be gained from creating this
position. Overtime costs presently being incurred will be reduced.
There are presently many more sidewalk cafes and garbage containers on
City property than are licenced. With the enhanced enforcement
capacities provided by this position, revenues from the Sidewalk Cafe
Program and Garbage Container Program will be increased enough to cover
the cost of the new position. Enforcement of bylaws will be provided
after office hours and more
-4-
regularly, reducing both the problem of illegal vendors appearing when
City Hall staff is unavailable, and the problem of incrementally
increasing violation. This will provide better response to complaints
and better service to business and community groups.
PERSONNEL IMPLICATIONS
This report has been forwarded to CUPE Local 15.
FINANCIAL IMPLICATIONS
The proposed position will cost approximately $40,000 annually. While
this position will enforce all illegal street activities, as outlined in
this report, it is proposed that this position be funded from the
additional revenues produced by the Sidewalk Cafe Program and Garbage
Container Program. The Sidewalk Cafe Program revenue is budgeted at
$150,000, but, with the additional staffing, is projected to yield
$160,000 this year and $180,000 in 1997. In addition, the Garbage
Container Program would likely see an increase in revenue from the
budgeted $90,000 to $95,000 this year and $100,000 next year. This
additional revenue will fully cover the cost of the new staff position.
* * * * *