Licensed vendors are permitted to locate on properties, streets, and sidewalks within the City of Battle Creek, subject to the following regulations:
(a) The proposed location must be in compliance with zoning district regulations pertaining to outdoor sales and display.
(b) If located on private property, the vendor must submit written permission from the property owner indicating that the applicant has permission to locate on his or her property.
(c) Vendors are prohibited within the Downtown Business District, as defined in Chapter 814, except for as otherwise outlined herein.
(d) Within the Downtown Business District, as defined in Chapter 814, vendors are permitted in designated parking spaces located parallel to Jackson Street between McCamly Street and Capital Avenue SW subject to the limitations of this subsection:
(1) Each vendor is limited to one parking space and all equipment and appurtenances related to the vending activity must be located wholly within the confines of the parking space in which they are located.
(2) Vendors are prohibited from providing a dining area within the parking space or the adjacent public sidewalk, including but not limited to tables, chairs, stools, or counters.
(3) No food, merchandise, or wares shall be prepared, sold, or displayed outside of the vending equipment.
(4) Signage is allowed pursuant to Chapter 1263.
(5) All trash and waste generated by the operations of the vendor shall be collected and disposed of off-site each day. All food vendors shall provide a waste container for public use. Dumping of grey water onto the public street is prohibited.
(6) Any power sources required for the vending equipment shall be self-contained. Vendors shall not use public utilities in the public rights-of-way: no power cable or equipment shall extend across any City street or sidewalk.
(7) Vending equipment shall not be parked in the street between the hours of 3:00 a.m. and 7:00 a.m. Mobile vending equipment shall be parked in conformance with all applicable parking regulations, and shall not hinder the lawful parking or operation of other vehicles.
(8) A vendor shall not operate within a 500 foot radius of the boundaries of any event licensed under Chapter 815 Special Events unless the vendor has obtained permission from the event sponsor.
(9) No vendor shall have any exclusive right to any location in the public street or be permitted a stationary location or be permitted to operate in any congested area where his or her operations impede the public. For the purpose of this section, the judgment of a police official, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public has been impeded.
(e) Equipment cannot be left unattended at any time: no equipment or vehicles shall be parked or placed within fifteen feet of any intersection or within twenty-five feet of a fire hydrant. Any equipment found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.
(Ord. 06-2014. Passed 7-1-14; Ord. 10-2015. Passed 12-15-15.)