All pushcarts and their operators shall meet the following requirements:
(1) The pushcart shall not be motorized or propelled in any manner other than the walking motion of the person operating the pushcart, with the exception that persons with disabilities may use a motorized system to propel the pushcart. No motorized assistance shall be used to locate the pushcart on the sidewalk or public place, with the exception that persons with disabilities may use motorized assistance.
(2) The pushcart shall be covered with an appropriate material to prevent exposure of the food or food product to wind, dust, insects and the elements and shall meet any such other regulations as may be required by the county health department or any other applicable regulatory agency. The pushcart operator shall display, in plain view, all required permits as set forth by federal, state, and local laws and shall provide a copy of health department and other regulatory agency permits and/or licenses to the city prior to the issuance of a permit by the city for the pushcart. The pushcart operator shall continuously maintain the required approvals, permits and/or licenses and provide evidence to the city of the continuous maintenance of them.
(3) The pushcart shall have attached to it a proper container for the collection of waste and trash. The pushcart operator shall be responsible for the proper disposal of waste and trash associated with the pushcart operation. No grease, waste, trash or other debris from the pushcart operation shall be deposited on or released onto city property, which includes the streets, sidewalk or other public place nor into the gutter or storm drainage system. The pushcart operator shall keep the immediate area in a 5 ft. radius from the center of the pushcart clean of garbage, trash, paper, cups, cans or litter associated with the pushcart operation. Unless otherwise permitted by the city, a pushcart operator shall not locate a container for the collection of waste and trash on the streets, sidewalks or public places nor use city trash receptacles, city street cans or other city waste disposal containers for the disposal of waste and trash associated with the pushcart operation.
(4) The pushcart shall not have attached to it any bell, siren, horn, loudspeaker or any similar device to attract the attention of possible customers, nor shall the permit holder use any such device to attract attention.
(5) Signs attached to the pushcart shall comply with the requirements of article XIII of chapter 7 of this Code.
(6) The pushcart shall be set up only in the location set forth in the operator's permit issued by the city, and shall not impede, endanger or interfere with pedestrian or vehicular traffic.
(7) The pushcart shall be set up so that a minimum of six feet of passage for pedestrians or the minimum required by the Asheville Standard Specifications and Details Manual, whichever is more restrictive, shall be provided at all times.
(8) The pushcart shall not be stored, parked or left overnight on any street or sidewalk or in any parking space of the city.
(9) The pushcart shall operate only at times between the hours of 7:00 a.m. and 2:00 a.m.
(10) No item related to the operation of the pushcart shall be placed on the street, sidewalk, public place or anywhere other than in or on the pushcart.
(11) Pushcart operators shall not consume nor be under the influence of alcohol or controlled substance while operating the pushcart.
(12) The dimensions of the pushcart shall be no greater than the following:
a. 4 feet 6 inches in height as measured from the ground to the highest point of the pushcart; and
b. 24 square feet as measured in length and width (the overall footprint), excluding any trailer hitch; and
c. 5 feet for the height of any umbrella affixed to the pushcart, as measured from the base of the umbrella to the highest point of the umbrella. No freestanding umbrella or canopy shall be used.
The city reserves the right to require smaller dimensions based upon such factors as, but not limited to, pedestrian and vehicular safety and adequate sight distances.
(13) The pushcart permit holder or her/his designee shall be in attendance at the pushcart at all times, except in case of an emergency.
(14) The pushcart operator shall comply with all federal, state and local laws when operating the pushcart.
(15) Design of pushcarts which are to be permitted for located in the Biltmore Village Historic District area must be approved by the historic resources commission prior to a permit being issued for their use in the Biltmore Village Historic District. Design of pushcarts which are to be permitted for the Central Business District must be approved by the city's planning and development director or her/his designee, using the city's downtown design review guidelines, prior to a permit being issued for their use in the Central Business District. The applicant must provide a photograph, drawing or sketch of the design of the pushcart as part of the application for a permit.
(16) Any pushcart with a valid permit as of May 15, 2003, that complies with Ordinance No. 2595(1)(b); Section 16-144 (13) passed June 22, 1999, or in operation before the passage of said ordinance, will be allowed to continue operation subject to the remaining provisions of this Code section. This exception shall be in effect until the time that the operator or his successors can no longer maintain the cart in a fashion acceptable to the Health Department or in a fashion that precludes its ready removal in the event of an emergency situation.
(17) Applications for a pushcart are required to comply with subsection 16-156(b), Encroachments.
(Ord. No. 3024, 5-27-03; Ord. No. 4052, §§ 1b, c, 1-24-12; Ord. No. 4152, § 2a, 1-8-13)