§ 118.119 INSPECTION.

   (A)   Prior to the initial use and operation of a food vending vehicle, the vehicle shall be thoroughly examined and inspected by a certified mechanic and found to comply with all standards of safety prescribed by the laws of the state and the city. An inspection report showing that a vehicle has met the standards of safety prescribed by law must be presented to the City Clerk-Treasurer at the time of license application.

   (B)   Every vehicle licensed pursuant to this subchapter shall be inspected from time to time and at least annually by a certified mechanic to ensure the continued maintenance of safe operating conditions. The operation of any vehicle which fails to meet the standards of safety established by laws shall be discontinued until such time as the deficiency is eliminated.

   (C)   In addition, the vehicle shall be inspected by the County Health Officer annually if the vendor intends to sell other than pre-packaged food products and shall display the same on the back of the vehicle on the left side so as to be visible to customers and city officials.

(1992 Code, § 496:30) (Ord. 1502, passed 7-2-2013) Penalty, see § 118.999

§ 118.120 TRAINING OF OPERATORS.

   An applicant for a license shall provide a description with his or her application for license of its operator training program, including documentary material used in said program.

(1992 Code, § 496:35) (Ord. 1502, passed 7-2-2013)

§ 118.121 RESTRICTIONS ON VENDING ACTIVITY.

   (A)   An operator shall vend only when the food vending vehicle is lawfully stopped.

   (B)   An operator shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or side of the street.

   (C)   An operator shall not vend to any person standing in the roadway.

   (D)   An operator shall not stop on the left side of a one-way street to vend.

   (E)   An operator shall not vend at any of the following locations:

      (1)   On any street or other right-of-way within the Central Business District of the City. For purposes of this subchapter, CENTRAL BUSINESS DISTRICT is defined as follows: an area bounded on the south by Mill Street, on the west by Oak Avenue, on the north by Front Street and on the east by Grove Avenue, and including the area of said designated streets and the sidewalks parallel thereto on both sides of the street;

      (2)   On a street within any park or other public facility or within 200 feet of Park Board property or other public facility unless the operator has obtained a park permit or special events permit;

      (3)   Any location on a public street which is adjacent to a restaurant located on the same street or within 100 feet of the property line closest to the restaurant. This requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant; and/or

      (4)   Within any residential district.

   (F)   No vending activity shall occur between sunset and sunrise the day following.

   (G)   An operator shall not vend in a single location for a period to exceed four hours. For purposes of this division (G), a SINGLE LOCATION shall be deemed to be a place 500 feet or more from the last sale.

(1992 Code, § 496:40) (Ord. 1502, passed 7-2-2013) Penalty, see § 118.999

§ 118.122 PARKING.

   (A)   Parking on streets is permitted when in compliance with all ordinances, regulations, parking zones and posted signage. Sales by the licensee shall be made on the curbside only and the vehicle shall be parked within one foot of the curb.

   (B)   Licensee is prohibited from reserving any parking space by blocking, barricading, hooding, signing or in any other manner preventing another vehicle from occupying the space.

   (C)   Food vending vehicles on private property are regulated by Ord. 827.

(1992 Code, § 496:45) (Ord. 1502, passed 7-2-2013) Penalty, see § 118.999

§ 118.123 SOUND AMPLIFICATION DEVICES.

   No operator while vending shall use a sound amplification device.

(1992 Code, § 496:50) (Ord. 1502, passed 7-2-2013) Penalty, see § 118.999

§ 118.124 BACKING OF VEHICLE RESTRICTED.

   The operator of a food vending vehicle shall not back the vehicle to make or attempt to make a sale.

(1992 Code, § 496:55) (Ord. 1502, passed 7-2-2013) Penalty, see § 118.999

§ 118.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Any person violating any of the provisions of §§ 118.015 through 118.021 of this chapter shall be guilty of a penal offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(1992 Code, § 485:35)

   (C)   A violation of §§ 118.035 through 118.056 of this chapter shall be a misdemeanor. Nothing in this division (C) shall prohibit the city from pursuing other legal remedies, including injunctive relief for any violation of §§ 118.035 through 118.056 of this chapter.

(1992 Code, § 486:24)

   (D)   Any individual found in violation of any provision of §§ 118.070 through 118.077 of this chapter shall be a guilty of a penal offense.

(1992 Code, § 488:45)

   (E)   Any person, firm or corporation violating any provision of §§ 118.090 through 118.099 of this chapter shall be guilty of a penal offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(1992 Code, § 406.11)

   (F)   Any person, firm or corporation violating any provision of §§ 118.115 through 118.124 of this chapter shall be guilty of a misdemeanor and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(1992 Code, § 496:60)

(Ord. 1323, passed 7-15-2003; Ord. 1463, passed 1-4-2011)