(A) Vehicle requirements.
(1) Design and construction. Mobile food service vehicles must be specifically designed and constructed for the purpose of preparation and sale of the specific type of food being sold and may not operate in any manner that is not safe and is not compatible with the purpose for which the vehicle has been designed and constructed.
(2) Licensing. Mobile food service vehicles must be licensed in accordance with the rules and regulations of any local, state, and federal agency having jurisdiction over motor vehicles and all products sold therein must be properly licensed, permitted, and allowed by local, state, and federal laws or regulations.
(B) Right-of-way.
(1) Mobile food service vehicles may not operate, stop, stand, or park in any area of the right-of-way that is intended for use by vehicular travel or that in any way impedes the use of the right-of-way or that present an unsafe condition for patrons, pedestrians, or other vehicles.
(2) Food trucks may operate within the right-of-way only at times and locations designated as food truck locations by the village and it is the duty of all operators to obtain current knowledge of the right-of-way designations prior to establishing operations in any area.
(3) Unless authorized in writing by the village, all mobile food service vehicles are prohibited from operating in public alleys.
(4) Food trucks shall park in the same direction as traffic, with no more than 18 inches between the curb face or edge of pavement and with the service window of the unit facing the curb.
(5) A food truck may park in more than one parking space in the right-of-way.
(6) Food trucks are prohibited from operating in angled parking spaces in the public right-of-way.
(C) Business access. No mobile food service vehicle may operate in a location that impedes the ingress to, egress from, or signage of another business or otherwise causes undue interference with access to other businesses or emergency areas, paths, or facilities.
(D) Pedestrians. A mobile food service vehicle may not reduce the clear pedestrian path of travel on the sidewalk to less than six feet. This includes all components of the Unit and any patron queue. All awnings or canopies of the unit shall be at least six feet, eight inches above the sidewalk.
(E) Types of cooking apparatus. Open flame cooking (other than with a gas range specifically constructed and designed within the food truck) either within or outside a mobile food service vehicle is prohibited; except where such activity is specifically permitted by the Fire Department. Canteen trucks may have installed within the vehicle a heating apparatus that is used only for serving heated pre-cooked foods provided such apparatus is permitted by state and local regulations. Ice cream trucks can have no heating apparatus installed within the vehicle for the purpose of food service.
(F) Noise. Amplified music or other sounds from any mobile food service vehicles may not at any time unreasonably disturb nearby businesses, pedestrians, or vehicles.
(G) Commissary. If the operator has a fixed, non-mobile establishment or any other place that is used for the storage of supplies, the preparation of food to be sold or served at or by a mobile food service vehicle, or the cleaning and servicing of the mobile food service vehicle, such a commissary location within the village cannot be located in any residential zoning district, unless such commissary complies with all applicable zoning regulations, building code requirements, and requirements of the Village of Mogadore.
(H) Utilities. All mobile food service vehicles shall comply with the version of the electrical code currently adopted by the Village and any power, water, or sewage required for the mobile food service vehicle shall be self-contained and shall not use utilities drawn from other sources.
(I) Fire extinguishers required. All mobile food service vehicles must be equipped with a fire extinguisher that is certified annually by a licensed company. Additionally, any mobile food service vehicle that produces grease laden vapors (e.g., those units with deep fat fryers or flat top griddles) must be equipped with appropriate fire extinguishers that are certified annually by a licensed company.
(J) Support methods. No mobile food service vehicle may use stakes, rods, or any method of support that must be drilled, driven, or otherwise fixed, into or onto asphalt, pavement, curbs, sidewalks, or buildings.
(K) Pedestrian service only. Mobile food service vehicles operating in the right-of-way shall serve pedestrians only; drive-up, drive-thru, or drive-in service is prohibited.
(L) Spills. To prevent discharges into the storm drain system and river, each unit shall comply with all storm water regulations of the village. In addition, each unit shall have a spill response plan and kit on board to contain and call Mogadore Fire Department to assist with the clean-up of spills and to determine the need for a more extensive response.
(1) Spill plan. Food trucks must post, on the interior of the vehicle, instructions for containing spills; at a minimum such plan should include 1) description of and typical quantities of materials that may be spilled; 2) procedures for containing potentially spilled materials including proper disposal of spilled materials; 3) procedures for storage, use, handling and transfer of materials to reduce potential for spilling; and 4) emergency notification requirements.
(2) Spill kit. Food trucks must have a response kit on the vehicle including 1) minimum five-gallon storage and clean-up container capacity with lid; 2) minimum of ten absorbent pads and two absorbent socks or equivalent; 3) disposable bag adequate to hold contents of spill kit and spilled materials; and 4) one pair of disposable gloves.
(M) Waste collection. The area of a mobile food service vehicle operation must be kept neat and orderly at all times. Operation of a mobile food service vehicle in an area is deemed acceptance by the operator of the responsibility for cleanliness of the reasonable area surrounding the operations (not less than twenty feet from all parts of the vehicle) regardless of the occurrence or source of any waste in the area. The operator must provide proper trash receptacles for public use that are sufficient and suitable to contain all trash generated by the mobile food service vehicle during the period of operation at a location. All trash within the area of operations regardless of the source must be removed and all garbage, trash, and trash receptacles must be removed when full and prior to departure of a mobile food service vehicle from a location.
(N) Signage. Mobile food service vehicles are limited to signs mounted to the exterior of the mobile food establishment and one sandwich board sign with dimensions no larger than six square feet. All signs mounted on the unit shall be secured and mounted flat against the unit and shall not project more than six inches from the exterior of the unit. Sandwich board signs shall not obstruct or impede pedestrian or vehicular traffic. All signage must at all times confirm to community standards of decency.
(O) Alcohol sales. Food trucks, canteen trucks, and ice cream trucks are prohibited from selling alcoholic beverages.
(P) Insurance requirements. Mobile food service vehicles shall obtain, at a minimum, any motor vehicle insurance required by any local, state, or federal laws and regulations.
(1) Food trucks operating on village property other than the right-of-way are required at all times to maintain insurance coverage in the form and amounts required by the village. In the event the required coverage is not properly maintained, the operator's mobile food service permit will be immediately revoked. The failure of the operator to notify the village of any change in coverage will preclude the operator from obtaining a permit for a period of six months from the date the village learns of the failure to provide the required notification of change.
(2) Canteen trucks and ice cream trucks shall not operate on village property other than the right-of-way, except upon obtaining written permission from the village, and may be required to obtain insurance consistent with the type of operation permitted.
(Ord. 2022-33, passed 4-20-22)