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§ 112.12 STANDARD OF CONDUCT.
   (A)   All food vendors and mobile food vendor unit operators shall conform to the following standards of conduct.
      (1)   Food vendors and mobile food vendor unit operators shall conduct themselves, at all times, in an orderly and lawful manner, and shall not make or cause to be made any unreasonable noise of such volume as to be in violation of Chapter 95, the Nuisance Code.
      (2)   A device may not be used which would amplify sounds nor may attention be drawn to the food vendor or mobile food vendor unit by an aural means or a light-producing device (examples of such devices may include, but are not meant to be limited to, the following: bull horns and strobe lights).
      (3)   No mobile food vendor unit may be permanently or temporarily affixed to any object, including, but not limited to, buildings, trees, telephone poles, streetlight poles, traffic signal poles, or fire hydrants.
      (4)   No mobile food vendor unit may be used to advertise any product which is not authorized to be sold from that unit.
      (5)   Unless otherwise permitted under the terms and conditions of a permit issued hereunder, no food vendor or mobile food vendor unit may make use of any public or private electrical outlet while in operation.
      (6)   Each food vendor and mobile food vendor unit shall protect against littering and shall have both an adequate trash receptacle and a separate receptacle for recyclable materials.
         (a)   The trash and recyclable receptacles shall be emptied sufficiently often to allow disposal of litter and waste by the public at any time.
         (b)   The trash and recyclable receptacles on the mobile food vendor unit shall not be emptied into trash or recyclable receptacles owned by the city.
         (c)   Liquid from the mobile food vendor unit shall not be discharged on or in a city sewer or drain or elsewhere on city property, nor on private property without the express written consent of the owner thereof.
      (7)   Before leaving any location, each food vendor and mobile food vendor unit shall first pick up, remove, and dispose of all trash, refuse, and/or recyclable materials, including products spilled on the ground within 20 feet of the mobile food vendor unit.
      (8)   No mobile food vendor unit shall expose any pedestrian to any undue safety or health hazards nor shall it be maintained so as to create a public nuisance.
      (9)    Each mobile food vendor unit shall be maintained free and clear of dirt, and finishes shall not be chipped, faded, or unduly marred.
      (10)   Mobile food vendor units which utilize a grill or device that may result in a spark, flame, or fire shall adhere to the following additional standards:
         (a)   Be placed approximately 20 feet from a building or structure;
         (b)   Provide a barrier between the grill or device and the general public;
         (c)   If the mobile food vendor unit has a Type 2 hood, regularly clean the hood and have it inspected and approved every six months and have the fire suppression system of the mobile food vendor unit inspected and approved annually; and
         (d)   The spark, flame, or fire shall not exceed 12 inches in height.
      (11)   A fire extinguisher shall be within reaching distance of the mobile food vendor unit operator at all times and must be inspected and approved on an annual basis.
      (12)   If the mobile food vendor unit operator prepares raw meat or such other food that produces vapors comprised of grease, then such operator shall install a K-Type fire extinguisher in conjunction with the installation of the fire suppression system and have all components of such system inspected annually.
      (13)   Mobile food vendor unit operators shall be required to obey the commands of law enforcement officers or fire officials with respect to activity carried out inside of the city’s jurisdictional limits, including, where possible, the removal of the mobile food vendor unit and cessation of such sales.
      (14)   No mobile food vendor unit shall ever be left unattended.
      (15)   Unless otherwise permitted under the terms and conditions of a permit issued hereunder, mobile food vendor units shall not be stored, parked, or left overnight on any city property.
      (16)   All food vendors and mobile food vendor unit operators are required to collect and pay all applicable and appropriate sales taxes.
      (17)   No mobile food vendor shall provide customer seating.
      (18)   No mobile food vendor shall have a drive-thru.
(Ord. 2019-25, passed 5-13-2020) Penalty, see § 112.99
§ 112.13 SAFETY REQUIREMENTS.
   All mobile food vendor units shall comply with the following safety requirements.
   (A)   All equipment installed shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
   (B)   All utensils shall be stored in a manner to prevent them from being hurled about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided by the vendor to avoid loose storage of knives and other sharp or bladed instruments.
   (C)   All foods and beverages to be used, prepared, cooked, displayed, sold, served, offered for sale, or stored in a mobile food vendor unit, or during transportation to or between locations shall be from sources approved by the health authorities of the point of origin and must be clean, wholesome, free from spoilage, adulteration, contamination, or misbranding and safe for human consumption. The standards for judging wholesomeness for human food shall be those promulgated and amended, from time to time, by the United States Food and Drug Administration, United States Department of Agriculture, the State Department of Health, the State Department of Agriculture, and the County Health Department and published in the U.S.C., the I.C., or the IAC, and the County Code.
   (D)   Each mobile food vendor unit shall be constructed so that the portions of the unit containing food shall be covered so that no dust or dirt will settle on the food; and such portions of the unit which are designed to contain food shall be at least 18 inches above the surface of the public way while the unit is being used for the conveyance of food.
   (E)   The food storage areas of each mobile food vendor unit shall be kept free from rats, mice, flies, and other insects and vermin. No living animals, birds, fowl, reptiles, or amphibians shall be permitted in any area where food is stored.
   (F)   Hazardous non-food items, such as detergents, insecticides, rodenticides, plants, paint, and paint products that are poisonous or toxic in nature shall not be stored in the food area of the mobile food vendor unit.
(Ord. 2019-25, passed 5-13-2020) Penalty, see § 112.99
§ 112.99 PENALTY.
   (A)   Any person who violates any provision of this chapter shall be fined $50 for the first offense, $150 for the second offense, and not more than $250 for each subsequent offense within a 12-month period. Each day a violation continues shall constitute a separate offense.
   (B)   Any person discovered by a member of the Police Department to be soliciting, selling, or taking orders for any food or beverages without a permit shall be issued a citation of violation, which shall prohibit further solicitation, sale, or order taking or similar activity until such time as the violator obtains a permit and otherwise is in compliance with all provisions of this chapter.
   (C)   If a holder is discovered to be in violation of this chapter by a member of the Police Department, such holder shall immediately be issued a citation setting forth the date and time that the holder is to appear before the Clerk-Treasurer to answer to the alleged violation and the holder shall immediately cease and desist operations. Upon issuing the citation contemplated herein, the holder’s permit shall immediately be confiscated and held until such time as a decision in the matter has been made by the Clerk- Treasurer.
   (D)   All fines issued pursuant to this chapter and attorney fees attributable to the cost of collecting such fines shall be collected by the Clerk-Treasurer with the assistance of the City Attorney as required.
(Ord. 2019-25, passed on 5-13-2020)