(a) No individual or organization shall operate or cause to be operated any mobile food vending unit in the public right of way within the corporate limits of the city of Gallipolis unless issued a license by the Code Enforcement Officer.
(b) Mobile food vending units operating in the public right of way shall comply with the requirements of Titles 9 and 21, where applicable. No individual or organization shall cause or allow the operation of a mobile food vending unit in any of the following:
(1) A handicap parking space;
(2) A valet zone during hours of normal operation;
(3) A loading zone during hours of normal operation;
(4) Any metered parking space with a maximum parking time of thirty (30) minutes or less;
(5) Any taxi stand during hours of operation;
(6) Any bus stop at any time;
(7) The public right of way abutting a commercial establishment utilizing a current and valid sidewalk dining permit, as this constitutes unreasonable interference with pedestrian traffic;
(8) The public right of way abutting public or city permitted bicycle parking, a fire hydrant, or a public trash or recycling receptacle;
(9) Any non-commercial zone without a temporary commercial permit;
(10) Anywhere in the public right of way when a street and/or sidewalk closure has been issued by the city of Gallipolis for construction, maintenance, or any other permitted purpose, unless authorized by written agreement with the individual or entity requesting the closure;
(11) The public right of way between the hours of 4:00 p.m. and 10:00 a.m.;
(12) The public right of way within two hundred (200) feet of any pre-K-12 school, provided that nothing herein shall prohibit operation on school property at the discretion of the school;
(13) The public right of way on either side of the portion of a street, road or alley that abuts any city of Gallipolis Recreation and Parks facility, other than administrative facilities or facilities within the City Park, without a temporary commercial permit or as part of a special event or public event;
(14) A sidewalk unless the unit is a pushcart;
(15) Within one-thousand (1,000) feet of any special event, except as follows: with the express written permission of the event organizer; as an authorized participant in said event; or utilizing a designated mobile food vending access permit in an area not impacted by a street closure;
(16) The public right of way if the unit is not parallel to the curb;
(17) The public right of way on any bridge or other elevated roadway;
(18) The public right of way so as to unreasonably impede the flow of pedestrian traffic, including pedestrian ingress and egress from a building abutting such right of way;
(19) The public right of way so as to unreasonably impede the flow or operation of vehicular traffic; or
(20) A parking space unavailable for mobile food vending, as provided for in subsection (c).
(c) The Code Enforcement Officer, in consultation with the Director of Public Safety or designee, may designate parking spaces as unavailable for mobile food vending if operation of a mobile food vending unit at such location would constitute a threat to public health and safety. Such designation may be initiated by the department; at the request of the Director of Public Safety or designee; or as follows:
(1) A property owner or occupant-tenant abutting such location may submit to the director of public service or designee a written request for such designation.
(2) Such request must be on a form prescribed by the Code Enforcement Officer, setting forth the specific reasons for the request and any supporting information required by the director or designee.
(3) To submit such request, an occupant-tenant must possess a current and valid lease.
(4) To submit such request, an occupant-tenant must attest that either the governing lease requires the occupant-tenant to take such action, or he or she has made a good faith effort to obtain the property owner's permission prior to submitting such request, whichever is applicable.
(5) For the purposes of this subsection, "good faith effort" includes, by way of example and not by way of limitation, an electronic or physical request for permission which is dated at least seven (7) days prior to the date of request, or an affidavit stating that the owner was contacted at least seven (7) days prior to the date of request, but such owner refused or failed to respond to the request.
(6) The decision of the Code Enforcement Officer shall be rendered in a reasonable amount of time, as established by rules, and shall be final.
(7) Once decided, no additional requests for designation or removal of designation for such location may be considered within twelve (12) consecutive months.
(d) The Code Enforcement Officer shall establish, modify and change from time to time, rules and regulations for subsection (c) and reasonable costs associated with such request.
(Ord. 2016-22. Passed 5-3-16.)