(A) Generally. It is unlawful for any person to operate a mobile food unit that does not meet the requirements in this section.
(B) Fire Code compliance. A mobile food vendor shall ensure that all mobile food units comply with the version of the International Fire Code in effect at the time when the license is issued, state law and the town code relating to fire and explosion safety standards.
(C) Fire safety and inspection. A mobile food unit(s) shall be inspected by the town’s Fire Department, or the mobile food vendor shall provide evidence that the mobile food unit passed a fire inspection by another city or town fire department in the state within the preceding 12 months.
(D) Refuse, trash and litter maintenance. A mobile food unit shall:
(1) Provide a minimum of one 15-gallon trash receptacle within 15 feet of each individual mobile food unit for customers and employees;
(2) Maintain an area around the mobile unit clear of litter, garbage, rubble and debris; and
(3) Transport the trash from the area of operation to an authorized waste disposal location.
(E) Noise restrictions. The restrictions and requirements of § 130.06 of this code of ordinances shall apply to mobile food units.
(F) Security.
(1) The mobile food unit and the surrounding vending area shall be maintained in a safe and clean manner at all times.
(2) A mobile food unit shall have adequate lighting to ensure customer safety in the vending area. Lighting shall be directed downwards and away from rights-of-way and adjacent properties.
(3) The mobile food unit and its customers shall not obstruct the movement of pedestrians or other vehicles using the sidewalk, street, alley or other public right-of-way.
(G) Insurance.
(1) If the mobile food unit operates an event sponsored by the town or operates on public property, including rights-of-way or property owned by the town, the mobile food vendor shall obtain insurance naming the town as an additional insured in amounts as required by the town and in accordance with the requirements of A.R.S. Title 9, Ch. 4, Art. 7.2.
(2) The insurance company issuing the policy shall be authorized to issue commercial liability policies in the state by the state’s Department of Insurance.
(3) The policy shall designate by manufacturer’s serial or identification number all mobile food units for which coverage is granted.
(4) The policy shall insure the person named in the policy and any other person using the mobile food vendor with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the mobile food unit in the state.
(H) Location. Except as provided in division (H)(1) below, a mobile food vendor shall operate a mobile food unit only in commercial and industrial zoning districts in accordance with the town’s zoning provisions and subject to the following limitations and conditions.
(1) Residential area. A mobile food vendor shall not operate in an area zoned for residential use or within 250 feet of an area zoned for residential use, except:
(a) A mobile food vendor selling only ice cream may operate on public rights-of-way in areas zoned for residential use; or
(b) Subject to applicable laws and the town code, a mobile food vendor may operate on private property in a residential area if the mobile food vendor obtains a separate agreement with the property owner to operate a mobile food unit for a maximum of six hours within a 24-hour period on the private property.
(2) Town-owned property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on town property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the town a separate agreement for use, services contract or similar agreement, which will be entered into at the town’s sole discretion and applicable law.
(3) Private property. A mobile food vendor shall obtain written permission to use any private property where a mobile food unit is operating and shall provide proof of such written permission on demand by the town.
(I) Parking. A mobile food unit shall comply with this subsection and applicable law as it pertains to parking, unless parking is governed by a separate section in this subchapter.
(1) A mobile food unit shall only operate in a legal parking space.
(2) A mobile food unit, including any semi-permanent structure used or associated with the mobile food unit, may use no more than one legal parking space, unless the mobile food vendor has a separate agreement with the town to use additional legal parking spaces or parking spaces on town property other than right-of-way.
(3) No mobile food unit exceeding 24 feet may park diagonally in a diagonal parking space or park in any manner that occupies more than one diagonal parking space.
(4) No mobile food unit shall operate with the serving window facing street traffic unless the serving window is 20 feet from the right-of-way.
(5) A mobile food unit shall abide by all parking regulations, including posted time limits. If there are no other time restrictions on the use of a legal parking space, a mobile food unit shall not occupy a legal parking space for more than six hours in a 24-hour period. OCCUPY, within this division (I)(5) means within 100 feet of the place in which the mobile food unit was initially parked.
(6) A mobile food unit shall not occupy a legal parking space with insufficient parking capacity as prescribed by town zoning provisions and applicable law, and includes occupying a legal parking space that reduces the number of available parking spaces surrounding the area which is required for the principal use or uses of the property associated with the parking spaces as set forth in A.R.S. Title 9, Ch. 4, Art. 7.2.
(7) A mobile food vendor shall not claim or attempt to establish any exclusive right to park at a particular street location, unless the parking space is part of a permitted event.
(J) Signs. A mobile food vendor shall comply with the town’s Sign Code.
(Ord. 20-04, passed 1-28-2020) Penalty, see § 111.99