(A) All solicitors shall conform to the following standards of conduct:
(1) Solicitors shall conduct themselves at all times in an orderly and lawful manner, and shall not make, or cause to be made, any unreasonable noise of such volume as to be in violation of the City Noise Ordinance as stated in Chapter 97 of the City Code;
(2) A device may not be used which would amplify sounds nor may attention be drawn to the mobile food vendor unit by an aural means or a light-producing device (examples of such devices may include, but are not meant to be limited to the following: bull horns and strobe lights);
(3) No solicitor shall expose any person to any undue safety or health hazards or create a public nuisance;
(4) Solicitors shall be required to obey the commands of law enforcement officers or fire officials with respect to activity carried out inside the city’s jurisdiction;
(5) No person shall engage in abusive solicitation. Such abusive activity shall mean to do one or more of the following while soliciting or immediately thereafter:
(a) Coming closer than three feet to the person solicited unless and until the person solicited indicates that the person wishes to make a purchase or otherwise receive the solicitation;
(b) Blocking or impeding the passage of the person solicited;
(c) Repeating the solicitation after the person solicited has indicated an objection to the solicitation;
(d) Following the person solicited by proceeding behind, ahead, or alongside such person after the person has indicated an objection to the solicitation;
(e) Threatening the person solicited with physical harm by word or gesture;
(f) Abusing the person solicited with words which are offensive and inherently likely to provide an immediate violent reaction; or
(g) Intentionally touching the solicited person without the solicited person’s consent.
(6) No solicitor shall approach any vehicle driving upon, stopped upon, or parked upon any public or private street or alley; and
(7) No solicitor shall conduct his or her business from a street, alley, traffic island, or median.
(B) All mobile food vendor unit operators, mobile vendor unit operators, and pushcart operators shall conform to the following standards of conduct:
(1) Mobile food vendor unit operators, mobile vendor unit operators, and pushcart operators shall conduct themselves at all times in an orderly and lawful manner, and shall not make, or cause to be made, any unreasonable noise of such volume as to be in violation of the City Noise Ordinance as stated in Chapter 97 of the City Code;
(2) A device may not be used which would amplify sounds nor may attention be drawn to the mobile food vendor unit, mobile vendor unit or pushcart by an aural means or a light-producing device (examples of such devices may include, but are not meant to be limited to the following: bull horns and strobe lights);
(3) No mobile food vendor unit, mobile vendor unit, or pushcart may permanently or temporarily affixed to any object, including but not limited to buildings, trees, telephone poles, streetlight poles, traffic signal poles, or fire hydrants;
(4) No mobile food vendor unit, mobile vendor unit, or pushcart may be used to advertise any product which is not authorized to be sold from that unit;
(5) All mobile food vendor units, mobile vendor units, and pushcarts shall comply with the sign standards found in Chapter 150 of the City Code;
(6) No mobile food vendor unit, mobile vendor unit, or pushcart may make use of any public or private electrical outlet while in operation without the permission of the city’s Board of Public Works and Safety;
(7) Each mobile food vendor unit, mobile vendor unit ,or pushcart shall protect against littering and shall have both an adequate trash receptacle and a separate receptacle for recyclable materials:
(a) The trash and recyclable receptacles shall be emptied sufficiently often to allow disposal of litter and waste by the public at any time;
(b) The trash and recyclable receptacles on the mobile food vendor unit or mobile vendor unit shall not be emptied into trash or recyclable receptacles owned by the city;
(c) Liquid from the mobile food vendor unit or mobile vendor unit shall not be discharged on or in a city sewer or drain or elsewhere on city property, nor on private property without the express written consent of the owner thereof;
(8) Before leaving any location each mobile food vendor unit, mobile vendor unit, or pushcart shall first pick up, remove, and dispose of all trash, refuse and/or recyclable materials, including products spilled on the ground within 20 feet of the mobile food vendor unit, mobile vendor unit, or pushcart;
(9) No mobile food vendor unit, mobile vendor unit, or pushcart shall expose any pedestrian to any undue safety or health hazards;
(10) Each mobile food vendor unit or mobile vendor unit shall be maintained free and clear of dirt, and finishes shall not be chipped, faded, or unduly marred;
(11) Foods or beverages which present a substantial likelihood that liquid matter or particles will drop to the street or sidewalk during the process of carrying or consuming the food or beverage shall be sold in proper containers so as to avoid falling to the street or sidewalk;
(12) Mobile food vendor units which utilize a grill or device that may result in a spark, flame, or fire shall adhere to the following additional standards:
(a) Be placed approximately 20 feet from a building or structure;
(b) Provide a barrier between the grill or device and the general public;
(c) The spark, flame, or fire shall not exceed 12 inches in height;
(d) A fire extinguisher shall be within reaching distance of the mobile food vendor unit operator at all times;
(13) Mobile food vendor unit operators, mobile vendor unit operators, and pushcart operators shall be required to obey the commands of law enforcement officers or fire officials with respect to activity carried out inside of the city’s jurisdictional limits, including, where possible, the removal of the mobile food vendor unit, the mobile vendor unit, or pushcart and cessation of such sales;
(14) No mobile food vendor unit, mobile vendor unit, or pushcart shall ever be left unattended;
(15) Mobile food vendor units, mobile vendor units, or pushcarts shall not be stored, parked, or left overnight on any city property;
(16) All mobile food vendor units which are food service establishments shall install an approved grease interceptor or grease trap. Foods, oils, and greases shall never be discharged into the city’s sewer or storm drains;
(17) All mobile food vendor unit operators, mobile vendor unit operators, and pushcart operators are required to collect and pay all applicable and appropriate sales taxes;
(18) No mobile food vendor unit operator, mobile vendor unit operator, or pushcart operator shall provide customer seating unless approval has been provided by the city’s Board of Public Works and Safety and the City Planner;
(19) No detached generators or loose cords on the ground shall be allowed.
(20) The decibels of any generator(s) associated with a mobile food vendor unit, mobile vendor unit, or pushcart unit shall not exceed 70dBA.
(a) Such noise measurement shall be made at a height of at least four feet above the ground and at a point approximately 25 feet away from where the noise is being emitted on a sound level meter operated on the “A” weighting network (scale).
(b) No person other than the operators shall be within 25 feet of the sound level meter during the sample period.
(c) Sound measurements shall be conducted at that time of day or night when the relevant noise source is emitting sound.
(d) The sound level measurement shall be determined as follows:
1. Calibrate the sound level meter within one hour before use.
2. Set the sound level meter on the “A” weighted network at slow response.
3. Set the omnidirectional microphone in an approximately 70-degree position in a location which complies with divisions (B)(20)(a) and (B)(20)(b) herein. The operator of the sound level meter shall face the noise source and record the meter’s instantaneous response.
4. Recalibrate the sound level meter after use.
(e) It shall be unlawful for any person to interfere, through the use of sound or otherwise, with the taking of sound level measurement.
(Ord. 1694, passed 10-7-19)