All mobile food unit vendors must comply with the following:
(A) The requirements of all applicable ordinances and regulations.
(B) Shall at all times operate in a manner that ensures the safety of patrons, pedestrians and the public.
(C) Shall not park or operate in a manner which prohibits others from parking in otherwise available spaces or areas.
(D) Shall obtain any necessary permits and comply with the requirements of any applicable rules and regulations of the health department.
(E) Shall not locate or operate within 15 feet of any driveway or other main entrance to a building without the express written permission of the affected property owner or owners or her, his or its authorized agent.
(F) Shall provide, in a prominent location, trash and recycling container(s) sufficient in size to collect all waste and recyclables generated by customers and staff of the vendor. All trash and debris related to the operation shall be collected by the vendor throughout the duration of their vending and deposited in their own trash or recycling container(s) and removed from the site by the vendor. Such waste shall not be placed in public trash receptacles. The vendor shall be responsible for any litter or debris located within a ten (10) feet radius of their unit, including sidewalks in the immediate vicinity.
(G) Shall not, during any City of Mt. Washington recognized special event, including spring and fall festivals, locate, operate or vend inside the event footprint without the express written permission of the event organizer.
(H) Shall only use lighting which is permanently or semi-permanently affixed to its unit and which does not cause any glare that could be considered a public hazard, nuisance or distraction to vehicular movement, neighboring business operations or residential uses. No flashing or strobe lighting shall be permitted.
(I) Shall not use any electrical outlet located within the public right-of-way or on public property, unless specifically authorized by the City of Mt. Washington or, if required, the utility company. A vendor shall not create any tripping or other hazard related to its use of electricity.
(J) Shall not block access to or use of, any public bench or any public utility pole or set up any chairs or tables on the public right-of-way.
(K) Shall not in any manner damage public property or the public right-of-way. Examples, include, but are not necessarily limited to, using stakes, rods or any method of support that is required to be drilled, driven or otherwise fixed in asphalt pavement, curbs, sidewalks or buildings. The vendor shall be solely responsible for any such damage.
(L) Must not locate or operate within an area zoned residential district except so long as necessary to temporarily stop and service a customer (such as when a mobile food unit like an ice cream truck would be signaled to stop by a customer), and are only permitted to operate within the residential zone area between the hours of 10:00 a.m. and 8:30 p.m. A limited exception is provided if permission is obtained from the legally recognized homeowner’s association for the affected property, or if the property at issue is used by the neighborhood as a community property, such as a swimming pool, and permission is obtained from the entity responsible for managing that property.
(M) Shall not locate or operate within an area closed or not accessible due to an emergency.
(N) Shall not locate or operate:
(1) Within 100 feet of the property line of the real property where there is any business lawfully operating that is primarily engaged in the retail sale of prepared or packaged food to the general public or, where such business occupies less than half of the platted real property, within 100 feet of that portion of the building occupied by the business primarily engaged in the sale of prepared or packaged food to the general public;
(2) Within 200 feet of a school, or within any public park lands or on avenues, streets, roads, drives or sidewalks adjacent to the boundaries of a public park except upon written permission of the school or City of Mt. Washington or where otherwise permitted under this chapter.
(O) Shall only be permitted to serve customers or otherwise sell from the passenger side of the unit.
(Ord. 15-19, passed 11-9-15) Penalty, see § 121.99