(A) Any person vending without a duly issued permit, license and personal identification or found in violation of any of the regulatory provisions of this chapter shall be guilty of an infraction.
(B) Any person found guilty of an infraction, of which person has been given notice, shall be treated as a misdemeanor punishable by jail time not to exceed one (1) year and/or fines has noted hereinbelow.
(1) Enforcement. The provisions of this section or any rules and regulations may be enforced jointly by the Pikeville Police Department.
(2) Fine for violation.
(a)
Any permit holder operating a mobile food vehicle or service in violation of any provision of this chapter or any other rules and regulations may be subject to a fine of three hundred dollars ($300.00) per day. Each day of violation shall constitute a separate and distinct offense. Violation for a second offense shall be five hundred dollars ($500.00) per day. The city shall have a lien upon the violator’s mobile food vehicle for payment of all fines imposed hereunder.
(b)
The City Manager may suspend a permit and/or license for no more than three (3) days without a notice or hearing, if there is a probability of serious or repetitive violation of public safety, health or order.
(3) Revocation, suspension, modification.
(a)
Once a permit and/or license have been issued it may be revoked, suspended, modified, or not renewed by the City Manager for failure to comply with the provisions of this section or any other rules and regulations including but not limited to failure to pay any outstanding fines or penalties.
(b) With the exception of division (B)(2)(b) of this section, no permit and/or license shall be revoked, suspended, modified, or not renewed without a hearing before the City Commission, prior to which hearing the council shall give reasonable notice of the time and place of the hearing and the specific grounds of the proposed action. The decision resulting therefrom shall be final and subject only to judicial review.
(4) Any permit and/or license holder found in violation of this section or any rules and regulations may be issued a ticket for violation and the mobile food vehicle may be impounded until the violation fine has been paid in full along with the cost and expense of impoundment, towing and storage.
(5)
Any mobile food vehicle or pushcart being operated without a valid mobile food vehicle permit and/or license issued by the city shall be deemed a public safety hazard and may be immediately impounded without notice. The owner of the vehicle will be required to pay any lien for towing and storage incurred by the city in addition to any other fines and penalties prior to return of the vehicle or pushcart.
(6) No mobile food vehicle shall be parked on the street overnight, or left unattended and unsecured at any time. Any mobile food vehicle which is found to be unattended shall be considered a public safety hazard and may be impounded. The owner of the vehicle will be required to pay any lien for towing and storage incurred by the city in addition to any other fines and penalties prior to return of the vehicle or pushcart.
(7) In the event that it’s necessary to file a civil action to enforce this chapter or for collection of undue fines and penalties, the violator shall be responsible for paying a reasonable attorney fee for enforcement of this chapter.
(Ord. 0-2015-019, passed 12-14-15; Am. Ord. O-2019-21, passed 8-12-19)