(A) No person or business entity, including religious or charitable organization, shall operate a mobile food vehicle and/or mobile food vending upon the public right-of-way within the city without a permit issued by the city hereunder.
(B) Hours of operation shall be limited to the hours between 10:00 a.m. to 9:00 p.m., Monday through Sunday. Hours of operation shall be adjusted by the Mobile Food Vendors Committee at the Committee’s discretion. It shall be unlawful to leave any approved mobile food vehicle unattended on a public right-of-way, nor remain on a public or private property outside of these allowed hours of operation.
(C) No mobile food vehicle or mobile food vending shall occur within 500 feet of any existing restaurant. Mobile food vehicles and/or mobile food vendors shall not operate within 1,000 feet of any fair, stadium, carnival, circus, festival, special event, civic event or other like event that is licensed or sanctioned by the city, unless they are authorized participants in such event.
(D) The permit shall contain additional limitations on hours and days that the Mobile Food Committee determines are appropriate, including limitations to prevent conflict with special events.
(E) No mobile food vehicle and/or mobile food vendor shall use or maintain any outside sound amplifying equipment, lights (other than nonmoving or flashing sign lights) or noisemakers, such as bells, sirens, horns or whistles, or similar devices to attract customers. A mobile food vehicle and/or vendor may use battery operated lights with appropriate protective shields for the purpose of illuminating merchandise.
(F) With the exception of trash bin receptacles, no mobile food vehicle or vendor shall use external signage, seating or any other equipment not contained within the vehicle on the public sidewalks where their permit authorizes use of the sidewalk.
(G) No mobile food vehicle and/or mobile food vendor shall have any exclusive and/or perpetual right to any location upon the streets, alleys or public grounds of the city.
(H) No mobile food vehicle and/or mobile food vendor granted a permit to operate within the city right-of-way shall be of a size so as to interfere with the city or public’s use of any public ways.
(I) No mobile food vehicle and/or mobile food vendor shall vend in any congested area where the operation will impede pedestrian or vehicle traffic, including customer queues, accessory units or signage.
(J) No mobile food vehicle and/or mobile food vendor shall make or solicit any sales to occupants of vehicles or engage in any activities which impede vehicular traffic.
(K) Permittee shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of a public right-of-way or remove the mobile food vehicle or pushcart entirely from the public right-of-way adjacent property if necessary to avoid such congestion or obstruction.
(L) The mobile food vehicle and/or mobile vendor must prominently display the name and address of owner.
(M) Any power required for the mobile food vehicle and/or pushcart located on a public way shall be self-contained and shall not draw its power from the public right-of-way. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk unless the permit specifically allows such.
(N) The permittee and/or licensee shall contain all refuse, trash and litter within the mobile food vehicle or a small moveable trash can maintained by the permittee and/or licensee, and located adjacent to the mobile food vehicle and/or pushcart in such a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The owner/operator of the mobile food vehicle and/or public food vendor shall be responsible for properly disposing of such refuse, trash and litter as would any business, and shall not place it in any public trash container, or in any private container without proper permission.
(O) The proposed mobile food vehicle and/or pushcart vending activity shall not violate the Americans with Disabilities Act of 1990, being 29 U.S.C. §§ 12101 et seq.
(P) If an existing mobile food zone conflicts with the requirements set forth in this chapter, the Mobile food Vendors Committee shall make a determination if it will be feasible to issue a new permit when the existing permit expires.
(Q) Mobile food vending shall only occur from the side of a food vehicle that is parked abutting and parallel to the curb.
(R) The mobile food vehicle shall not have drive-through service.
(S) The decibels on any generator(s) used may not exceed 60 dBA. The operator must provide the manufacturer’s specs on decibels generated by his or her particular generator. The Police Department will make the final determination if power generators used by mobile food vehicles constitute a noise violation.
(T) The use of the permitted operating location for mobile food vehicles and/or mobile food vendors must be compatible with the public interest in use of the public right-of-way. In making such determination, the Mobile Food Vendors Committee shall consider the width of the public way, parking issues and traffic congestion, the weight that can be supplied by the paving or street surface at the proposed location, the proximity and location of existing street furniture, including, but not limited to, utility poles, parking meters, bus shelters, benches, street trees, news racks, as well as the presence of bus stops, truck loading zones, taxi stands or other businesses or approved mobile food vehicles to determine whether the requested location would result in pedestrian or street congestion.
(U) Any new business that opens or moves near an existing mobile food vehicle or pushcart zone shall be deemed to have accepted the proximity of the existing mobile food vehicle and/or push cart in operation.
(Ord. 22-05, passed 6-13-2022) Penalty, see § 119.99