As used in this chapter:
(a) “City Manager” means the City Manager or his/her designee.
(b) “Mobile food vehicle” means a commercially manufactured, self-contained, motorized vehicle, including vehicle-towed trailers and food carts, which vehicles are currently licensed by the Ohio Department of Motor Vehicles in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
(c) “Temporary use” means a short term or seasonal use intended to promote or sell specific merchandise or products and shall include, but not limited to special events, sidewalk sales, and outdoor seasonal sales.
(Ord. 8-13. Passed 7-15-13; Ord. 08-20. Passed 3-16-20.)
(a) It shall be unlawful for any person to operate a mobile food vehicle within the City without first having obtained a valid mobile food vending license as prescribed in this chapter.
(b) A mobile food vehicle shall be operated or parked so as not to obstruct or impede the normal movement of traffic.
(c) A mobile food vehicle may operate in the public right-of-way provided:
(1) A mobile food vehicle shall not operate on a street designated as a thoroughfare street on the Centerville Thoroughfare Plan.
(2) A mobile food vehicle may be operated for sales purposes between the hours of 11:00 a.m. and 8:30 p.m.
(3) A mobile food vehicle shall be parked or stopped with the curb-side wheels parallel with and not more than twelve inches from the curb when food items are sold, dispensed or prepared.
(4) All items shall be sold, offered for sale or dispensed only from the right hand (curb side) of a mobile food vehicle.
(5) Flashing lights shall be operated continuously at all times when a mobile food vehicle is parked or stopped so as to be clearly visible to drivers of other vehicles approaching such vehicle from the front or rear.
(6) Sound emanating from a mobile food vehicle shall be in accordance with the sound requirements contained in the Unified Development Ordinance (UDO) Article 9.53.
(7) A mobile food vehicle shall not remain stationary in one location for longer than one hour while operating for sales purposes. This restriction does not prohibit a mobile food vehicle which is not open for business and operating for sales purposes from being legally parked for longer than one hour. After a mobile food vehicle has been stationary in one location and operating for sales purposes for a period of one hour, the mobile food vehicle must be moved to a location at least 100 yards from the previous location.
(d) A mobile food vehicle may operate on private property in accordance with all requirements of Chapter 1216, Unified Development Ordinance, Article 9.05 A 10, Mobile Food Vehicle Vendors.
(Ord. 8-13. Passed 7-15-13.)
Any person desiring to operate a mobile food vehicle shall make a written application for such license to the City Manager’s Office. The application for such license shall be on forms provided by the City Manager and shall include the following:
(a) Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation.
(b) A valid copy of all necessary licenses, permits or certificates required by the County of Montgomery, the State of Ohio or any subsidiary enforcement agencies or departments thereof, including, but not limited to: a valid Ohio Department of Motor Vehicle Registration and Certificate of Inspection and valid driver’s licenses of all vehicle operators.
(c) A signed statement that the vendor shall hold harmless the City and its officers and employees, and shall indemnify and hold harmless the City and its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under terms of the license.
(d) Vendor shall maintain the following insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of its activities pursuant to the license granted herein.
(1) Commercial general liability insurance, including products-completed operations, bodily injury, property damage, and personal & advertising injury with limits not less than one million dollars ($1,000,000) per occurrence. The policy shall cover the City of Centerville, its officials, employees and volunteers as additional insureds. Such coverage shall be primary and noncontributing as respects the City of Centerville, its officials, employees and volunteers.
(2) Automobile liability insurance with limits not less than one million dollars ($1,000,000) per accident for bodily injury and property damage.
The policies shall further provide that they may not be cancelled except upon thirty days written notice served upon the City Manager. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with City Manager.
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
(Ord. 8-13. Passed 7-15-13; Ord. 16-14. Passed 8-18-14; Ord. 08-20. Passed 3-16-20.)
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