Transient merchants, mobile food vendors, peddlers and solicitors conducting business within the city shall comply with the following requirements if applicable to their permit:
1. Abide by and operate in compliance with all federal, state, and local laws, rules, and regulations including but not limited to the South Dakota Department of Health.
2. Approved or contracted toilet/sanitation facilities located within three hundred (300) feet for employee access. Temporary toilet/sanitation facilities shall be approved by the city designee.
3. Be located outside of clear sight triangles at streets, alleys and driveways. The leg of a clear sight triangle along a public street shall be seventy (70) feet in length. The leg of a clear sight triangle along an alley or driveway shall be twenty-five (25) feet in length.
4. Only one temporary sign may be displayed to advertise the business. Such sign shall be in compliance with the Custer Sign Code, except that the sign shall be no larger than sixteen (16) square feet. All permitted signage shall be placed upon the private property and shall be set back a minimum of five (5) feet from the property line that the transient vendor is located upon. Signage affixed to the exterior of a mobile food service establishment is exempt from this requirement.
5. Vend only on private property with an established primary structure and shall not encroach into any right-of-way adjoining the property, or any accessory items such as trash cans, tables, chairs, etc.
6. Vending shall be conducted in such way to not cause congestion or blocking of vehicle traffic, pedestrian traffic, fire lanes or ADA access.
7. All areas within and surrounding a transient establishment shall be maintained in a clean, neat, and sanitary condition. Trash bins shall be covered and anchored or otherwise secured upright A vendor shall remove all litter generated by its operation at the vendor's expense. The vendor shall not place trash or litter from the vending establishment in any unauthorized private or city receptacle. A mobile food vendor shall provide at least one private trash bin with capacity of not less than thirteen (13) gallons.
8. Mobile food vendors shall dispose of all waste associated with their operation. City trash receptacles may not be utilized for this purpose. No liquid waste or grease may be poured into any tree pit, storm drain, gutter pan, sidewalk or any other public space. Grease shall not be released into any private or public sewer line connected to the city's sewer system.
9. Ensure that, if applicable, grey water is disposed of appropriately and not released onto city streets or storm sewers.
10. Umbrellas and canopies shall be designed to be secure during windy conditions. Umbrellas and canopies shall be at least seven (7) feet above the ground when open and shall not protrude into the right-of-way.
11. Mobile food service establishments shall not be permanently located on any property, function as a permanent structure or hook up to city sewer.
12. Vendors including mobile food vendors shall not vend alcohol.
13. Music or sound or making of any unreasonably loud noise for the purpose of advertising or attracting attention to vending establishments shall not be allowed.
14. Vendors that received special approval from the city council to operate on city property or within the right-of-way shall furnish to the city proof of adequate insurance coverage with designated limits as required by the city. The insurance policy shall name the city and its representatives as additional insured for any liability arising directly or indirectly from the operation of transient vending. The city may choose to waive some or all of this requirement if it determines that the vendor is operating as part of a special event permitted by the city which has provided adequate insurance to cover the vending operation. If insurance coverage is not waived by the city under this Section, any permission given to vend on public property shall be deemed void in the absence of a current insurance policy meeting the terms of this section.
(Ord. 881, 2023 (part))