A mobile food unit may only operate as set forth in the following.
(A) Locations. A mobile food unit may only operate in the locations set forth in this division (A). A mobile food unit may operate in a private commercial or industrial parking lot and on private residential property, with the written consent of the private property owner. When operations occur on private residential property, mobile food unit sales may only be for catering purposes (such as a private graduation party or wedding) and not open for sales to the general public. A mobile food unit may only operate along a public or private street when the street is closed to all nonemergency vehicles. A mobile food unit may only operate in a city park or on city property with the prior written approval by the city; additional permits may be required for such operations.
(B) Performance standards. A mobile food unit licensee is subject to the following performance standards:
(1) A mobile food unit with an annual license may not operate on the same property more than 21 days during any calendar year;
(2) Applicable license fee shall be paid;
(3) Shall operate in strict compliance with the laws, rules, and regulations of the United States, the state, the county, and the city;
(4) A mobile food unit must dispose of its gray water daily. Gray water may not be drained into city stormwater drains;
(5) Shall provide and maintain at least one clearly designated waste container for customer use per each mobile food cart or mobile food vehicle;
(6) Operator is responsible for daily removal of trash, litter, recycling and refuse. Public trash cans shall not be used to dispose of water generated by the operation. The operator shall provide a garbage receptacle with a tight-fitting lid. The receptacle shall be easily accessible for customer use, and located within five feet of the unit;
(7) A mobile food unit must provide an independent power supply that is screened from public view and that complies with city’s noise regulations;
(8) Trucks can operate between 7:00 a.m. and 10:00 p.m. and must not create any unnecessary noise disturbances or disrupt public traffic or safety in any way. An exemption to hours may be authorized by City Council on a per event basis;
(9) A mobile food unit may have a maximum bumper to bumper length of no more than 40 feet;
(10) Operators must clean around their unit at the end of each day and units must be kept in good repair and have a neat appearance;
(11) Proof of Department of Health licensing must be provided and posted on unit;
(12) A mobile food unit must comply with the Fire Department food truck requirement (attached as exhibit);
(13) An out of service mobile food unit stored within the city must comply with all applicable zoning ordinance requirements;
(14) Mobile food units may operate on private property in any residential zoned districts for a “one-time” event for catering purposes only;
(15) Mobile food units cannot locate within 300 feet from the perimeter of any pre-approved festival, sporting event, or civic event unless a license is issued to be part of the festival or event;
(16) Mobile food units may not operate within 100 feet from the public entrance to any restaurant and/or any portion of a restaurant’s outdoor dining area during that restaurant’s hours of operation unless the licensee obtains permission from restaurant owner/manager; and
(17) Mobile food units may not operate in city-owned parking lots, except those parking lots adjacent to or inside a city park with the approval of a special event permit, expect for events hosted by the city’s community center.
(C) License. A mobile food unit license is non-transferable. Proof of license shall be displayed at all times in the mobile food unit. Mobile food unit operations may not occur in January, February, March, November, and December. A mobile food unit license is an annual license.
(D) Practices prohibited. It is unlawful for any person engaged in the business of a mobile food unit operation to do the following:
(1) Call attention to that licensee’s business by crying out, blowing a horn, ringing a bell, loud music, or by any loud or unusual noise, or by use of any amplifying device;
(2) Fail to display proof of license and produce valid identification when requested;
(3) Cannot be left unattended nor remain at an authorized location outside allowed hours of operation;
(4) May not operate or travel in or on public sidewalks or trails;
(5) Remain on the property of another when asked to leave;
(6) Obstruct the ingress or egress from commercial buildings during the building hours of operation;
(7) Claim endorsements by the city based on license; or
(8) Conduct business in any manner as to create a threat to the health, safety, and welfare of a specific individual or the general public.
(Prior Code, § 3-20-4) (Ord. 665, passed 5-8-2017; Ord. 713, passed - -) Penalty, see § 112.99