1. Mobile Food Units on Public Property. No mobile food unit may be operated on public property except as follows:
A. The mobile food unit is part of an approved Special Event Permit issued by the City Clerk’s office.
B. The mobile food unit is parked in a legal parking space in the public right of way within a Commercial Zoning District.
2. Unattended Mobile Food Unit. No mobile food unit shall be left unattended.
3. Music and Sound-Making Devices. The use of music or sound-making devices used to attract patrons or to advertise a mobile food unit shall be prohibited, unless expressly allowed as part of an approved event.
4. Mobile Food Unit Performance Standards. The operation of a mobile food unit must be in compliance with the following standards:
A. Express written consent must be obtained from the property owner or lessee to use the property on which a mobile food unit is operated. The written consent must be kept in the unit at all times that the unit is on the property. Written consent does not excuse or permit the violation of any other regulations.
B. The City permit to operate the mobile food unit shall be in full view of the public at all times of operation.
C. Mobile food units shall only be allowed on nonresidential properties, except in the case of an approved residential block party or a private catering arrangement in compliance with all other City Code requirements related to residential property.
D. Mobile food units shall be limited to hours of operation between seven o’clock (7:00) A.M. and nine o’clock (9:00) P.M. unless other hours are approved as part of a City-endorsed event, special event, or residential block party.
E. Mobile food units must maintain a minimum separation between other mobile food units of fifteen feet (15’) and a minimum separation between mobile food units and buildings on the property of fifteen feet (15’).
F. It is the joint responsibility of the property owner or lessee and mobile food unit owner to ensure that proper parking is maintained for the primary user of the property. The City may order a mobile food unit to relocate or revoke a Mobile Food Unit Permit if it is determined adequate parking has not been preserved for both the property owner or lessee and the mobile food unit or if traffic congestion causes a back up onto public streets.
G. The mobile food unit must be located on a paved surface, unless approved as part of a Special Event Permit.
H. No mobile food unit may operate within three hundred feet (300’) of a permanent restaurant or business offering food or beverage services unless they receive express written consent of the restaurant or business owner.
I. No mobile food unit shall be placed on a public or private sidewalk unless approved as part of a City-endorsed special event.
J. No mobile food unit shall be located in a manner that impedes pedestrian movement, access, or impact access to ADA parking stalls or ramps/entrances.
K. Signs are limited to those that are attached to the exterior of the mobile food unit and must be mounted flat against the unit and not project more than six inches (6”) from the exterior of the unit. Signs may be backlit, but electronic message boards and flashing or motive electronic signage shall be prohibited.
L. During hours of operation, the mobile food unit shall provide a trash receptacle for use by customers.
M. The area around the mobile food unit shall be kept clear of litter and debris at all times.
N. All mobile food units shall be located in such a manner as to not create a safety hazard, such as blocking emergency access to buildings and the site, obstructing access to fire hydrants, impeding entering and exiting from a building, creating a visual impediment for the motoring public at drive entrances, intersections, pedestrian crossings, or similar movement and access.
5. Property Owner/Lessee Responsibility. It shall be unlawful for a property owner and/or lessee to allow a mobile food unit to operate upon the property owner and/or lessee’s property when said mobile food unit is not permitted or otherwise in compliance with the rules and regulations herein.
(Section 122.20 – Ord. 392 – Jul. 23 Supp.)