(A) Mobile food units shall follow the Operation Guide established by the Iowa Department of Inspections and Appeals (DIA), as well as the standards outlined by the Food Truck Safety Fact Sheet provided by the National Fire Protection Association (NFPA) before operations may begin.
(B)
By allowing the mobile food unit on their property, the property owner or lessee jointly and severally with the vendor are responsible for compliance with this chapter and to ensure the performance standards listed below, the safety of pedestrians, and access of emergency vehicles to and around the site are maintained.
(C) All mobile food units must be parked on an all-weather surface.
(1) No mobile food unit shall be parked in or otherwise impede access to and from ADA parking spaces.
(2) No mobile food unit shall be allowed to operate on residential properties, except for a special private event reviewed and authorized by the City Clerk, or designee.
(3) Minimum parking requirements and site circulation shall not be obstructed by the location of mobile food unit(s).
(4) A mobile food unit shall conduct operations at one location a maximum of three consecutive days per week.
(5) Mobile food unit(s) shall maintain a minimum distance of separation from any structure and any other mobile food unit as established by the National Fire Protection Association and Iowa Department of Inspection of Appeals. The distance shall be measured to the closest building or structure including awnings or canopies, tents, or membrane structures.
(6) The window or area where a patron orders and receives their purchase shall be located so as to not require a patron to stand or create a line that may cause an obstruction in the public right-of-way including public sidewalks, vehicle travel lanes, parking lot drive aisles, or any other related situation that may create a potential safety hazard.
(7)
Mobile food unit(s) shall operate in the location designated by the current premise permit obtained by the property owner from the city.
(8) No mobile food unit may be operated or parked on public streets, public property, or encroach onto public rights-of-way except as provided below:
(a) Mobile food units may be permitted within Newton city parks provided the individual mobile food unit vendor has received approval from the city prior to operating.
(b) Mobile food units are permitted to park and utilize public streets and public rights-of-way within the Downtown Square Area established by § 158.022(E) of the Newton City Code, as long as units comply with all other requirements of this chapter and the following conditions:
1. Parking spaces shall be contiguous or directly adjacent to the storefront or business hosting the mobile food unit;
2. An annual premise permit shall be required before operations begin;
3. The applicant of the premise permit shall be responsible for placing temporary “no parking” signs at least 12 hours prior to the arrival of the mobile food unit and remove signage within two hours after departure of the unit. The Newton Police Department shall provide a template for said temporary signage.
(D) Signs are limited as follows:
(1) One free standing, portable sign not exceeding 15 square feet in size per each side provided that it remains located on the premise that the food truck is operating and does not create a safety hazard or block ADA accessibility.
(2) Those that are attached to the exterior of the mobile food unit and must be mounted flat against the unit and not project more than six inches from the exterior of the unit.
(3) No additional freestanding banners, flags, inflatables, or other similar free-standing obstructions are allowed.
(E) Mobile food units shall serve patrons who are on foot only; drive-up service to the mobile food unit is prohibited.
(F) During hours of operation, the mobile food unit vendor shall provide a trash receptacle for use by patrons and shall keep the area around the unit clear of litter and debris at all times.
(G) All food service operations must be conducted within the mobile food unit. One table and one tent are allowed per mobile food unit if utilized within immediate proximity of the mobile food unit.
(H) Mobile food units are prohibited from dumping or discharging anything into storm and sanitary sewers. No mobile food unit shall connect to city-owned electrical or water sources without expressed written approval from the Public Works Director, or designee.
(Ord. 2407, passed 1-3-2022; Ord. 2409, passed 3-21-2022)