§ 9-52-87. Operational requirements.

A.

When legally parked on a city street, alley and other public thoroughfares in an allowed zoning district, mobile food preparation vehicles shall park for no less than 30 minutes and shall not exceed a total of six hours in any one block, with food service available for no more than four hours of that time. The mobile food vendor must then provide a minimum break from that location of one hour.

B.

When parked on private property with the permission of the property owner, a mobile food preparation vehicle may operate at the times and for the duration provided in its permission by the property owner.

C.

No mobile food preparation vehicle shall be equipped with any external electronic sound-amplifying device.

D.

No operator of such vehicle shall park or stand such vehicle within 300 feet of a school or school playground in a residential district while school is in session, unless an agreement is established with such school.

E.

When legally parked on a city street, alley and other public thoroughfare in an allowed zoning district, no such vehicle shall park or stand within 300 feet of any principal customer entrance to a restaurant outside of the central business improvement district (CBID) during its posted hours of operation, unless a signed waiver, with a stated duration, has been obtained from all restaurants which are within a 300 foot radius of that parking location. For any restaurant within the CBID, this distance shall be 50 feet, unless a similar waiver is obtained from all restaurants within that lesser distance. Restaurant, for purposes of this section, means any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink are prepared and served to the public for consumption on or off the premises pursuant to the required licenses. Such establishments include, but are not limited to, restaurants, bars, lounges, coffee shops, cafeterias, dining rooms, eating houses, short order cafes, luncheonettes, grills, tearooms and sandwich shops. All measured distances and distance requirements addressed in this regulation shall be distances measured in a straight line from the nearest edge of the mobile vehicle or trailer to the nearest edge of the object from which the mobile vehicle or trailer is to be distant.

When legally parked on private property, the distance requirements established above shall still be applicable if a restaurant is present on adjacent or abutting property, unless a signed waiver, with a stated duration, has been obtained from all restaurants on adjacent or abutting property which are within a 300 foot radius of that parking location on private property. For any restaurant within the CBID, this distance restriction shall be 50 feet, unless a similar waiver is obtained from all restaurants within that distance located on adjacent or abutting property.

F.

When legally parked on a city street, alley and other public thoroughfares in an allowed zoning district, no sale shall be made from such vehicle except from the curb side.

G.

Cooking must not be conducted while the vehicle is in motion.

H.

Mobile food preparation vehicle shall be parked only at its commissary or any other location approved by the health department that does not violate an applicable city ordinance.

I.

No detached signs are permitted. All signs used must be permanently affixed to, or painted on, the mobile food preparation vehicle and shall extend no more than six inches from the vehicle. No sign shall flash, cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; be animated or produce any rotation, motion or movement. A sign on which the message is changed electronically not more than one time per eight seconds shall not be considered to be an animated sign or a sign with movement, but is classified as a changeable copy sign. Changeable copy signs shall be permitted, but the total area of such signs on the vehicle, when parked and the vehicle is set up to operate, must not exceed 30 square feet. Any message on a changeable copy sign shall have an instantaneous change of message with no fading, fly-in, dissolve or other feature used. The change of message rate on digital signs shall be limited to no more than once every eight seconds. No sign shall utilize any exposed incandescent lamp with a wattage of more than 40 watts, any revolving beacon light; or a luminance in excess of 350-foot lamberts measured at the sign face.

J.

Vendor must provide for the sanitary collection of all refuse, litter and garbage generated by the patrons using that service and remove all such waste materials from the location before the vehicle departs. This includes physically inspecting the general area for such items prior to the vehicle's departure.

(Ord. No. 5542, § 1, 12-17-2013)