(A) It shall be unlawful for any person, including any religious, charitable or nonprofit organization to operate a mobile food vehicle within the town without a license, unless otherwise exempted by these regulations.
(B) A mobile food vehicle must hold all requisite Health Department, business, and resale licensures, to sell food and beverages.
(C) A separate license is required for each mobile food vehicle.
(D) A license issued under this section shall expire after 1 year.
(E) Mobile food vehicles shall not be required to obtain a temporary use permit from the Planning Department.
(F) A vendor shall not operate on private property without first obtaining written consent to operate from the affected private property owner. Notwithstanding the foregoing, a vendor shall not operate from the same location for a period of 48 or more hours in any one-week period, unless prior approval has been granted for a special event by the Town Manager.
(G) No mobile food vehicle unit shall locate in any parking lot, parking space, or parking facility owned, leased or managed by the town, unless approval has been given by the Town Manager.
(H) No mobile food vehicle unit shall operate within 300 feet of any facade of a ground level establishment that also sells food or beverages, or operate within 300 feet of the perimeter of such an establishment's outdoor seating area, regardless of whether or not the mobile food vehicle unit is currently conducting business. This distance restriction only applies from 1 hour before the opening time until 1 hour after the closing time posted by a ground level establishment on the facade of its building.
(I) No mobile food vehicle unit shall locate within 1 block from the perimeter of a special event or festival unless prior approval has been granted by either the organizer/operator of the special event or the Town Manager.
(J) The operator of the mobile food vehicle must comply with the motor vehicle laws of the State of Indiana.
(K) In locations where mobile food vehicles are permitted to operate, mobile food vehicles shall comply with all parking rules.
(L) Mobile food vehicles shall not interfere with or obstruct the free passage of pedestrians or vehicles along any street, sidewalk, road, or parking lot drive aisle, or operate in such a way that would endanger the safety or property of the public. On public streets, a mobile food vehicle shall not park within 20 feet of any intersection, bus stop, crosswalk, driveway, alleyway, building entrance or walk-up window, or within 15 feet of any fire hydrant. No mobile food vehicle unit may be located in or operate in an alleyway.
(M) Mobile food vehicles may operate at events on public property if they have a vendor agreement with the event coordinator.
(N) No mobile food vehicle shall be equipped with any external electronic sound equipment or speakers.
(O) Except as provided herein, all signs must be permanently affixed to or painted on the mobile food vehicle and shall not extend more than 6 inches from the vehicle. No sign shall flash; cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; be animated or produce any rotation, motion, or movement. Each mobile food vehicle shall be permitted to display 1 sandwich board sign that does not exceed 4 feet in height, 2 feet in width or 8 square feet in total area. Each sandwich board sign shall be located within 10 feet of the location of the mobile food vehicle. The sign may be located within the public right-of-way, provided there is a minimum clearance distance of 5 feet between the sign and the mobile food vehicle. The sign shall be removed each day by the license holder or his, her or its designated representative.
(P) All exterior lights with over 60 watts shall contain opaque, hood shields to direct the illumination downward.
(Q) All mobile food vehicle vendors shall offer a waste container for public use which the vendor shall empty at its own expense. All trash and garbage originating from the operation of mobile food vehicles shall be collected and disposed of off-site by the operators each day. Spills of food or food by- products shall be cleaned up, and no dumping of gray water, grease or oil into the storm water inlets, sanitary sewers or on the street is allowed.
(R) Any power required for the mobile food vehicle located on a public way shall be self-contained and a mobile food vehicle shall not use utilities drawn from the public right-of-way. Mobile food vehicles on private property may use electrical power from the property being occupied or an adjacent property, but only when the property owner provides written consent to do so. No power cable or equipment shall be extended at or across any town street or alley.
(S) No mobile food vehicle shall be parked on a public street or public parking lot overnight except with the express approval of the Town Manager for a town approved event.
(T) Mobile food vehicles may be open to the public only between the hours of 6:00 a.m. and 10:00 p.m. local time.
(Res. 2021-042121, passed 4-21-2021; Am. Res. 041923B, passed 4-21-2021) Penalty, see § 65.99