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(a) Potable water servicing equipment shall be installed and maintained in a manner that protects the water and equipment from contamination.
(b) Pushcart liquid waste containers shall be thoroughly flushed and drained during servicing operations.
(c) Flushing and draining activities shall be conducted in the required servicing areas. No flushing or draining of liquid waste shall be permitted on public streets or in any area other than the required servicing area.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
All pushcarts requiring sinks shall provide not less than five gallons of water under pressure at all times for use in utensil cleaning, sterilization and hand-washing. One water inlet shall be located so as not to be contaminated by waste discharge. Such inlet shall be capped at all times except when being filled, and shall contain only potable water. Connection or direct hookup to water sources other than those on the pushcart shall be approved by the regulatory health agency.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) All liquid waste shall be stored in a retention tank that shall have a minimum capacity of seven and five-tenths gallons or that is at least 15% larger in capacity than the fresh water supply tank, whichever is greater. Liquid waste shall only be discharged into a sanitary sewer disposal system. Waste connections shall be located lower than the water inlet connection in a manner to preclude contamination of the potable water system.
(b) Solid waste generated by permittees and employees shall be contained in an easily cleanable, self-closing, lidded trash receptacle. All pushcarts that remain stationary for longer than one hour shall provide and have available for the public, a fly-proof, lidded trash container for the disposal of refuse. Such trash container may be either on the pushcart or located conveniently nearby.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated in violation of any provision of this division. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. If an offense defined under this division does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility.
(b) The city's code compliance department shall have the authority to enforce any and all provisions of this division.
(c) It shall be within the power and discretion of the code compliance department to suspend or revoke any permit issued hereunder for continued or repeated violation or infraction of any provision of this division or any rule, direction or regulation of the code compliance department.
(Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of the division, other than for an offense or violation, may file an appeal in writing with the city manager or that individual's authorized representative. An appeal must be filed within five days after receipt of notice of any protested decision or action by filing with the office of the city manager a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. Appellant shall be given at least five days' notice of the time and place of the hearing. The city manager or authorized representative shall give the appellant, and any other affected party, a reasonable opportunity to be heard, in order to show cause why the determination of the regulatory health agency should not be upheld. In all such cases the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the action taken by the regulatory health agency. The city manager or authorized representative shall make his or her determination and shall notify the appellant in writing of his or her determination. The decision of the city manager or authorized representative shall be final.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) With the exception in subsection (b) below, a pushcart body shall not exceed four feet in height, three feet in width, or six feet in length.
(b) A pushcart for selling frozen ice cream and popsicles in a residential zone shall not exceed these pushcart body dimensions: two feet in height, two feet in width and three feet in length. It may have one attached nonabsorbent container that does not exceed 16 gallons in size, if maintained in good condition and clean, to display and store additional approved foods.
(c) Pushcarts operating outside the downtown area which are on commercial or industrial private property, within 20 feet of the public entrance or exit to an operating commercial or industrial business, and not within 100 feet of the public right-of-way may also have the following allowed accessories which shall be limited to:
(1) Coolers;
(2) Attached counters;
(3) Canopies;
(4) Up to two stools for use by employees; and
(5) Trash cans for use by pushcart operators and customers.
(6) Allowed accessories must be kept in close proximity to the pushcart body.
(d) When placed for operation, the pushcart body, allowed attachments and allowed accessories shall be limited to a total combined area not to exceed ten feet in height, six feet in width, or ten feet in length.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
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