(A) Operational regulations.
(1) Regulation of mobile food dispensing vehicles, and temporary commercial kitchens, involving licenses, registrations, permits, and fees is preempted to the state while the city is permitted to regulate the operation of mobile food dispensing vehicles pursuant to F.S. § 509.102.
(2) Mobile food dispensing vehicles shall comply with all applicable laws relating to the dispensing of food products.
(B) Products permitted to be sold. No products other than foods may be sold, offered for sale, or dispensed in any fashion from a mobile food dispensing vehicle unit within the city. Alcoholic beverages may not be sold from a mobile food vendor unit. This section is not intended to sanction the sale of products from vehicles in any fashion. Except as permitted herein, no sales of products, goods, or merchandise from vehicles is permitted within the city.
(C) Restrictions. Mobile food dispensing vehicles are allowed on private property that is designated and used for commercial, industrial, recreational, or non-residential purposes, subject to the following conditions:
(1) Mobile food dispensing vehicles are allowed as accessory or complimentary to the principal use in the parcel.
(2) No display areas, merchandise, or stored items in association with the vendor or those associated with the principal use on the property, which are displaced due to the vending activity, shall encroach onto any public street/right-of-way or easement, or onto any adjacent private property without express permission from that property owner.
(3) The mobile food dispensing vehicle shall set up and locate the vehicle, wares, and/or any associated displays in accordance with the principal structure setbacks of the underlying property's land use designation.
(4) The mobile dispensing vehicle sales area shall not exceed more than three parking spaces or 600 square feet in area, whichever is greater. The mobile food dispensing vehicle shall designate a portion of the sales area as a waiting area for patrons. Such designated area shall not conflict with traffic. In addition, one space/100 square feet of mobile vendor unit area shall be required for customer parking. However, at no time may the required number of parking spaces for the principal use of the property be rendered nonconforming due to vendor use.
(5) Mobile food dispensing vehicles shall not remain on the property overnight or when they are not in use by the mobile food vendor.
(6) All mobile food dispensing vehicles shall operate in compliance with the city's noise ordinance, Chapter 96 of the City of Pembroke Pines Code of Ordinances.
(7) Mobile food dispensing vehicles shall be prohibited from discharging fat, oil, grease, or wastewater into the sanitary sewer system. Waste shall be properly stored and disposed of at a properly designated location.
(8) All menus and signage shall be fully affixed to the mobile food vendor unit. Detached signs shall not be permitted.
(9) Mobile food dispensing vehicles shall be permitted to conduct their operations between 7:00 a.m. – 9:00 p.m., provided that the approved restroom facilities are available to the patrons.
(10) Mobile food dispensing vehicles must obtain the written authorization to operate on private property from the owner of the property or from another authorized party to provide consent to operate.
(11) Mobile food dispensing vehicles are prohibited on public property without first obtaining written authorization from the city or as otherwise permitted pursuant to a special event permit.
(D) Standards. The following standards shall apply to all mobile food vendors and their respective mobile food vending units:
(1) The mobile food vendor unit shall not interfere with required parking, loading and unloading spaces, or the vehicular access to those spaces for the principal use.
(2) The mobile food vendor unit shall not block, damage, or interfere with required landscaping, buffers, or stormwater drainage systems on the subject property.
(3) The mobile food vendor unit shall not interfere with or block fire lanes on the subject property.
(4) Only one mobile food vendor shall be allowed on any one parcel less than one-half acre in size. No more than two mobile food vendors shall be allowed on any one parcel exceeding one-half acre in size. The Zoning Official may authorize and approve more than two mobile food vendors to operate on a single parcel on a case by case basis after review of the site plan.
(E) Ice cream trucks.
(1) Manner of stops. Ice cream trucks shall pull as far as practicable to the side of the right-of-way when stopping for the purpose of making sales and shall operate four-way flashers when so stopped. An ice cream truck shall vend only when the ice cream truck is lawfully stopped. An ice cream truck shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street. An ice cream truck shall not vend to a person standing in the roadway.
(2) In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right-of-way.
(3) Trash receptacle required. Each ice cream truck shall provide a trash receptacle for use of its customers. Prior to leaving each stop, the operator of the ice cream truck shall remove any litter left at the stop by customers.
(4) Hours of operation. Ice cream trucks may stop for the purpose of making sales only between the hours of 11:00 a.m. and 8:00 p.m.
(5) Ice cream trucks operating on private property in the same manner as mobile food vendors shall be subject to the mobile food vendor regulations as set forth in this subchapter. (Ord. 2021- 02, adopted 3-17-21; sought to be reconsidered, Commission passed 4- 21-2021; Am. Ord. 2022, passed 6-18-24)