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(a) The issuance of a permit does not grant or entitle the exclusive use of a location to the permit holder.
(b) No mobile food vehicle shall provide or allow any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches and standup counters, except at a private party or special event.
(c) Permit holders shall provide customers with single service articles, such as plastic silverware and paper plates. All mobile food vehicles shall offer a waste container for customer use that the operator shall empty at his or her own expense if not provided by the organizer or sponsor of a special event or private party.
(d) No mobile food vehicle shall make or cause to be made noise in violation of any section of this code of ordinances.
(e) The permit holder shall notify the City Fire Department in writing at least one week in advance of all times and locations within the city at which food or beverages will be dispensed from the permit holder’s mobile food vehicle.
(f) Except for operation at a private party or special event at which mobile food vehicles are permitted, a mobile food vehicle may dispense food only in an O-1, B-1, B-2, B-3, L-1 or I Zoning District.
(g) Except for operation at a private party or special event at which mobile food vehicles are permitted, no mobile food vehicle shall dispense food on the same street on more than one day in any seven-day period.
(h) Except for operation at a private party or special event at which mobile food vehicles are permitted, no mobile food vehicle shall dispense food at the same location for more than two hours in any 24-hour period.
(i) Mobile food vehicles must adhere to all applicable parking regulations for commercial vehicles.
(j) A mobile food vehicle must be licensed by the health district in which the home base or business headquarters is located. Such license must be maintained on site for validation. Mobile food vehicles must comply with all applicable governmental rules and regulations, including but not limited to those of the Lorain County General Health District and the State of Ohio.
(k) No mobile food vehicle may be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food vehicle.
(l) The permit and all other current licenses, permits and certificates issued for the mobile food vehicle must be prominently displayed when business is being conducted from the mobile food vehicle.
(m) Prior to operating within the city pursuant to a permit, a mobile food vehicle must be inspected by the City Fire Department to ensure compliance with all applicable federal, state and local fire safety and health statutes, regulations, ordinances and codes. No mobile food vehicle shall operate within the city unless it has been inspected and approved for operation by the City Fire Department.
(n) The permit holder shall permit the City Fire Department to inspect the mobile food vehicle as often as the Fire Chief may deem necessary to ensure that the mobile food vehicle is in compliance with all applicable federal, state and local fire safety and health statutes, regulations, ordinances and codes.
(Ord. 98-2019, passed 7-8-2019)
(a) Enforcement. The provisions of this chapter may be enforced by the Mayor, the Avon Lake Police Department or the Avon Lake Fire Department.
(b) Revocation, suspension, modification. In addition to any other penalties specified in § 856.99, once a permit has been issued it may be revoked or suspended, for failure to comply with the provisions of this chapter. Anyone holding a permit that has been revoked or suspended may, within ten days of notice of the same, appeal as is provided in § 856.05(c). The Mayor may suspend a permit for no more than three days without notice or hearing, if the Mayor notifies the permit holder in writing (email is deemed an acceptable writing) that there is a probability of a violation of public safety, health or order. In such a case, anyone holding a permit that has been suspended may request a hearing within 72 hours of notice of the suspension in order to determine whether the suspension is justified.
(Ord. 98-2019, passed 7-8-2019)
Whoever violates any provision of this chapter is guilty of a minor misdemeanor and shall be subject to the penalty provided in § 698.02. A separate offense shall be deemed committed each day during which or on which a violation or noncompliance occurs or continues.
(Ord. 98-2019, passed 7-8-2019)