(A) Applicability. The provisions of this section apply to mobile food vehicles engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private property. This section does not apply to vehicles which dispense food and that move from place to place and are stationary in the same location for no more than 15 minutes at a time, such as ice cream trucks or food vending pushcarts and stands located on sidewalks. Mobile food vehicles shall comply with the following standards relating to their operation. Any vendor wishing to operate a mobile food vehicle must first receive a mobile food vehicle permit. Any failure to comply with these regulations may result in the revocation, suspension, or the city not renewing the mobile food vehicle permit.
(B) General regulations.
(1) It shall be unlawful for any person, including any religious, charitable or nonprofit organization to operate a mobile food vehicle within the planning and zoning jurisdiction of the City of Noblesville without a permit unless otherwise exempted by these regulations.
(2) A mobile food vehicle must hold all requisite health department, business, and resale licensures to sell food and beverages.
(3) A separate permit is required for each mobile food vehicle.
(4) A permit issued under this section shall expire after one year.
(5) Mobile food vehicles shall not be required to obtain a temporary use permit.
(6) A vendor shall not operate on private property without first obtaining written consent to operate from the affected private property owner. A private property owner shall not permit parking by a mobile food vehicle until a mobile food vehicle permit has been obtained to allow for such use.
(7) In addition to complying with the city's ordinances related to mobile food vehicles, the owner and operator of a mobile food vehicle is responsible for applying for and obtaining all other necessary licenses required for the service of food and beverages, and the food truck itself must be in compliance with the motor vehicle laws of the State of Indiana.
(8) In locations where mobile food vehicles are permitted to operate, mobile food vehicles shall comply with all parking rules.
(9) 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 park within 20 feet of any intersection.
(10) Excluded event or location. Mobile food vehicles must operate at least 1,000 feet from permitted special event locations and the Farmer's Market location. A valid mobile food vehicle permit does not allow operation at these excluded events or locations. To operate at these excluded events or locations mobile food vehicles are not required to have a valid mobile food permit, but are subject to the following:
(a) Mobile food trucks may operate at events on public property if they have a vendor agreement with the event coordinator.
(b) Mobile food trucks may operate at events on Noblesville Parks' property if they have a signed agreement with the Noblesville Parks Board.
(c) The space available to mobile food trucks at some excluded events may be limited. It shall be up to the individual groups to make those determinations and set their own selection criteria.
(11) No mobile food vehicle shall be equipped with any external electronic sound amplifying device.
(12) Signage is only allowed when placed on mobile food vehicles. No separate freestanding signs are permitted.
(13) All exterior lights with over 60 watts shall contain opaque, hood shields to direct the illumination downward.
(14) 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 on the street is allowed.
(15) 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. All power sources must be self-contained. No power cable or equipment shall be extended at or across any city street, alley, or sidewalk.
(16) Mobile food vehicles shall provide proof of General Liability Insurance in the amount of not less than $l,000,000 per occurrence and $2,000,000 aggregate prior to obtaining a permit or entering into an agreement with the Noblesville Parks Board.
(17) No mobile food truck shall be parked on the street overnight, or left unattended and unsecured at any time food is kept in the mobile food truck. Any mobile food truck which is found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.
(18) All signs must be permanently affixed to or painted on the mobile food vehicle and shall not extend more than six inches from the vehicle.
(19) 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.
(20) A sign on which the message is changed electronically not more than one time per ten seconds shall not be considered to be an animated sign or a sign with movement, but is classified as a changeable copy sign.
(21) Changeable copy signs shall be permitted, but the total area of such signs on the vehicle, when parked and the vehicle is set up to operate, must not exceed 30 square feet. Any message on a changeable copy sign shall have an instantaneous change of message with no fading, fly-in, dissolve, or other feature used. The change of message rate on digital sign shall be limited to no more than once every ten seconds.
(22) No sign shall utilize any exposed incandescent lamp with wattage of more than 40 watts, any revolving beacon light, or a luminance in excess of 350 foot lamberts measured at sign face.
(23) No mobile food vehicle shall make or cause to be made any unreasonable or excessive noise. The operation of all mobile food vehicles shall meet the city noise ordinance, including generators. No loud music, other high decibel sounds, horns, or amplified announcements are allowed.
(24) No mobile food vehicle shall provide or allow any dining area, including but not limited to tables, chairs, booths, bar stools, benches, and stand up counters, unless a proposal for such seating arrangements is submitted with the permit application and the use is located on private property.
(25) Any mobile food truck being operated without a valid mobile food truck permit shall be deemed a public safety hazard and may be ticketed and impounded.
(26) No flashing or blinking lights or strobe lights are allowed on mobile food vehicles or related signage.
(Ord. 24-07-13, passed 8-13-13)