No vendor shall stop, stand or park any vehicle from which non-food and/or foodstuffs are displayed, offered for sale or sold, upon any portion of any public street, alley or highway within the city, except as is allowed by a special use permit or in compliance with all of the following.
(A) Stopping to sell; time limit. Street vendors shall stand or park only at the request of a bona fide customer or purchase and for a period not exceeding five minutes at any one place. The time limit may be waived by the city when the vendor has been invited by the city to participate in a special event on or off city property.
(B) Stopping to sell; posted speed limit. No street vendor shall stand or park when the posted speed limit on a public street, alley or highway is 35 mph or greater.
(C) Stopping to sell; position of vehicle. No street vendor shall stand or park or engage in vending when:
(1) Any part of the vehicle other than the side of the vehicle next to the right side of the street, alley or highway is open to prospective customers;
(2) The vehicle is not stopped, parked or standing on the extreme right of the street, alley or highway;
(3) The prospective customer is located on or in that portion of the street, alley or highway which is open to vehicular traffic;
(4) No vehicle used for street vending can be stopped for more than six consecutive hours without moving to another location; and
(5) A permanently placed vehicle used for vending cannot conflict with the Planning and Zoning Ordinance, including provisions regulating the following:
(a) Site-built facility;
(b) Manufactured commercial building; and
(c) Mobile home facility.
(D) Customers. The prospective customer is in a standing vehicle, or sitting in or operating another vehicle;
(E) Stopping, standing and parking. The vehicle is stopped, standing or parked not in violation of any other provision of the city code or the State Vehicle Code, being NMSA §§ 66-1-1 et seq.;
(F) Passage of traffic. The position or location of the vehicle does not interfere with the free passage of any vehicular or pedestrian traffic;
(G) Vehicle weight limits. Vending vehicles shall have a gross weight of less than 5,000 pounds;
(H) Vehicle; noise-making devices. Noise emitted from vending vehicles shall conform to Title VII of this code. No vendor shall use noise making devices after 8:00 p.m. in residential zones;
(I) Vehicle lights flashing, blinking and moving. Vehicles may be illuminated provided that they do not make use of lights to convey the effect of movement or flashing intermittent or variable intensity. Lighting shall not be used to call attention to the vehicle;
(J) Hours of operation. The permitted hours for operation of street vendors are as follows:
(1) In commercial/industrial zones: 6:00 a.m. to 11:00 p.m.; and
(2) In residential zones: 9:00 a.m. to 9:00 p.m.
(K) Vehicle; operation. Each individual who drives, operates or vends from a food vending vehicle shall not allow any minors to ride in or on the vehicle while it is in operation; allow more than two individuals to be in or on the vehicle while it is in operation; not attempt to back up the vehicle to make a sale. All motorized vehicles shall have a sign which states “CAUTION CHILDREN”. The sign shall have yellow letters which are at least eight inches high on a white background and shall be located at the rear and front of the vehicle;
(L) Refuse. A refuse container of at least one cubic foot shall be provided in or on the vehicle. All vendors are responsible for keeping the area within 100 feet of his, her or its vehicle free of trash. In the case of a semi-permanently located food vending vehicle with an approved SUP, the applicant must provide at least one 30-gallon trash receptacle, which must be emptied every day in the commercial trash bin provided by the host property owner or another approved location; and
(M) Vehicles within 20 feet of each other. No vendor shall cause more than two vehicles to assemble, gather, collect or otherwise join for any purpose on any street, sidewalk, highway or within 20 feet of each other.
(Ord. 2011-01, passed 1-12-2011) Penalty, see § 112.99