(A) It is unlawful for any person to operate a mobile food unit that does not meet the requirements in this section.
(B) Fire safety and inspection. A mobile food vendor must 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 city code relating to fire and explosion safety standards.
(C) A mobile food unit(s) shall be inspected by the city'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 this 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.
(1) A mobile food vendor shall not use, play, or caused to be used or played any amplifier, loudspeaker, microphone, amplified music, or any other amplified instrument or device used for the production of sound in a vending area when the motor vehicle or mobile food unit from which mobile food vendor is vending is stationary or mobile upon any right-of-way, park or other public place. For the purposes of this subsection, the factors for determining whether a sound is amplified include, but are not limited to, the following:
(a) The proximity of the sound to sleeping facilities, whether residential or commercial;
(b) The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
(c) The time of day or night when the sound occurs; it shall be presumed that any amplified noise between 10:00 p.m. and 6:00 a.m. is reasonably disturbing;
(d) The duration of the sound; and
(e) Whether the sound is recurrent, intermittent, or constant.
(2) All mobile food vendors using generators must use generators self-contained to the mobile food unit. No remote location generators are allowed. Any generator of any kind shall not produce noise in excess of 70 decibels (dB), which standard is considered a safe noise level by the Environmental Protection Agency.
(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 city or operates on public property, including rights-of-way or property owned by the city, the mobile food vendor shall obtain insurance naming the city as an additional insured in amounts as required by the city and in accordance with the requirements of A.R.S. Title 9, Chapter 4, Article 7.2.
(2) The insurance company issuing the policy shall be authorized to issue commercial liability policies in Arizona by the Arizona 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 Arizona.
(H) Location. A mobile food vendor shall operate a mobile food unit only in Commercial and Industrial zoning districts in accordance with the City Zoning Code 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 city 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) City-owned property. A mobile food vendor shall only operate in a legal parking space. If the mobile food vendor desires to operate on city property other than a legal parking space in a right-of-way, the mobile food vendor shall obtain from the city:
(a) A separate licensing for use, services contract, or similar agreement, which will be entered into at the city's sole discretion and applicable law; or
(b) A special event permit or similar permission in accordance with the city code.
(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 city.
(4) Airports/public transit. Mobile food vendors shall not operate at any city airport or public transit facility unless the mobile food vendor has entered into a separate licensing for use agreement or similar services agreement with the city, which the city will enter in its sole discretion and applicable law.
(5) Semi-permanent structures.
(a) Semi-permanent structures shall not be allowed on public property, whether city-owned property or any other form of public property.
(b) Semi-permanent structures shall only be allowed on private property if all of the following conditions are met:
1. Written permission from the owner of the private property agreeing to the specific semi-permanent structures allowed is provided to the city in advance. Written permission from tenants or occupants will not be sufficient without written proof of the authority of a tenant or occupant from the owner to permit such uses.
2. The private property involved must have:
A. Legal and sufficient on-site parking pursuant to this code; and
B. Customer restrooms available. Portable restrooms do not satisfy this requirement.
(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 subsection in this chapter.
(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 city to use additional legal parking spaces or parking spaces on city 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.
(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 section 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 the City Zoning Code 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, Chapter 4, Article 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 city Sign Code pursuant to City Code.
(Ord. 971, passed - - )