It is unlawful for any person to operate a mobile food unit that does not meet the requirements of this section.
(A) Fire safety and inspection.
(1) A mobile food vendor must ensure that the mobile food unit complies with the version of the International Fire Code in effect at the time when the permit is issued, state law, and this code relating to fire and explosion safety standards.
(2) A mobile food unit shall be inspected by the Town Fire Department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another city or town fire department in this state within the preceding 12 months.
(B) Refuse, trash, and litter maintenance. A mobile food unit shall:
(1) Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile food unit for customers and employees;
(2) Maintain an area around the mobile unit clear of litter, garbage, rubble, and debris; and
(3) Transport the trash from the area of operation to an authorized waste disposal location.
(C) Noise restrictions. A mobile food vendor shall not use, play, or caused to be used or played, any amplifier, loudspeaker, microphone, amplified music, or any other amplified instrument or device used for the production of sound in a vending area when the motor vehicle or mobile food unit from which mobile food vendor is vending is stationary or mobile upon any right-of-way, park, or other public place. For the purpose of this division, the factors for determining whether a sound is amplified include, but are not limited to, the following:
(1) The proximity of the sound to sleeping facilities, whether residential or commercial;
(2) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
(3) The time of day or night when the sound occurs; it shall be presumed that any amplified noise between 10:00 p.m. and 6:00 a.m. is disturbing to the public in violation of this section;
(4) The duration of the sound; and
(5) Whether the sound is recurrent, intermittent, or constant.
(D) Security.
(1) The mobile food unit and the surrounding vending area shall be maintained in a safe and clean manner at all times.
(2) A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
(3) The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley, or other public right-of-way.
(E) Insurance.
(1) If a mobile food vendor attends an event sponsored by the town or operates on public property, including rights-of-way or property owned or controlled by the town, the mobile food vendor shall obtain an insurance policy naming the town as an additional insured in amounts and coverage terms as required by the town and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
(2) The insurance company issuing the policy shall be authorized to issue commercial liability policies in this state by the Arizona Department of Insurance.
(3) The policy shall designate, by manufacturer's serial or identification number, all mobile food units for which coverage is granted.
(4) The policy shall insure the person named in the policy and any other person using the mobile food vendor with the express or implied permission of the named insured, against any liability arising out of the ownership, maintenance, or use of the mobile food unit in the state.
(5) Additional terms for insurance coverage may be required by the town.
(F) Location. A mobile food vendor shall operate a mobile food unit only in Downtown Commercial, Highway Business Commercial, Tourist Commercial, Professional Office, Public/Institutional, Neighborhood Business, Neighborhood Office, Light Industrial, and Heavy Industrial zoning districts in accordance with Chapter 150 and subject to the following limitations and conditions.
(1) Residential area. A mobile food vendor shall not operate in an area zoned for residential use or within 50 feet of an area zoned for residential use (use to use not property line to property line), except:
(a) A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
(b) Subject to applicable laws and this code, a mobile food vendor may operate on private property in a residential area if the mobile food vendor obtains a separate agreement with the property owner to operate a mobile food unit for a maximum of six hours within a 24-hour period on the private property.
(c) A mobile food vendor, including auxiliary generator and other related equipment, that contributes less than 65 A-weighted decibels (in aggregate with ambient conditions) at property line may be within 50 feet of a residential use.
(2) Town-owned property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on town property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the town:
(a) A separate license for use, services contract, or similar agreement, which will be entered into at the town's sole discretion and applicable law; or
(b) A special event permit or similar permission in accordance with this code.
(3) Private property. A mobile food vendor shall obtain written permission to use any private property where a mobile food unit is operating and shall provide proof of such written permission on demand by the town.
(4) Notwithstanding the permission of a person owning or having lawful control of private real property, a mobile food unit shall not remain in one location on private property for longer than 96 consecutive hours, unless the town grants permission for a permitted event greater than four days. ONE LOCATION within this division means a location within a parcel of land and includes movements from different parked positions within the same parcel.
(G) Parking. A mobile food unit shall comply with this division and applicable law as it pertains to parking, unless parking is governed by a separate division or section in this chapter.
(1) A mobile food unit shall only operate in a legal parking space.
(2) A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than one legal parking space, unless the mobile food vendor has a separate agreement with the town to use additional legal parking spaces or parking spaces on town property other than a right-of-way.
(3) No mobile food unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.
(4) No mobile food unit shall operate with the serving window facing street traffic.
(5) A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six hours in a 24-hour period. OCCUPY within this division means within 100 feet of the place in which the mobile food unit was initially parked.
(6) A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by Chapter 150 and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Chapter 4, Article 7.2.
(7) A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event.
(Ord. 673-19, passed 5-6-2019; Ord. 692-20, passed 4-6-2020)