[Ord. No. 478, 4/27/2021]
The provisions of this Part 7 apply to Food Trucks as defined
hereunder.
[Ord. No. 478, 4/27/2021]
When used in this Part 7, the following terms shall have the
following meanings:
A business or organization that occupies a building or structure
in the Township, which place serves as a physical location for face-to-face
service of members of the public.
A vehicle-mounted food service designed to be readily moved,
including but not limited to those in drivable vehicles, towable trailers,
and pushcarts, used for the purpose of distributing or selling prepared
food or beverage.
[Ord. No. 478, 4/27/2021]
It shall be unlawful for any person to operate or conduct business out of a food truck in the Township of North Fayette without first applying for and securing a permit as provided in this Part 7. Any person in violation of this section shall be subject to the penalties set forth below.
[Ord. No. 478, 4/27/2021]
This Part 7 shall not apply to the following:
1.
Stands or tents that are a direct extension of brick-and-mortar businesses
located in the Township.
2.
The sale of produce or other unprepared foods that are intended for
later consumption, away from the public place of sale, such as those
commonly available at a farmer's market.
3.
Food Trucks located on private property for strictly private events,
as determined by the Code Enforcement Officer.
4.
Ice cream trucks that travel throughout the Township without remaining
in any one fixed location for more than 60 minutes at a time.
[Ord. No. 478, 4/27/2021]
1.
Any person who shall desire to operate a food truck in the Township
of North Fayette shall make application, in writing, to the Department
of Community Development.
2.
The application shall be made on forms provided by the Township,
and shall set forth and include the following information:
A.
The name, business name, business license number, address, phone
number, and e-mail address of the applicant and/or owner of the food
truck;
B.
Contact information, including phone number and email address, for
the person in charge of the food truck on the date(s) of operation;
C.
Food truck information, including make and model, physical dimensions,
and license plate number;
D.
Food truck operational information, including types of food to be
sold, and proposed hours of operation;
E.
The application shall include an acknowledgment that the applicant
agrees to indemnify, defend, and hold harmless the Township against
any and all claims, losses, injuries or damages to person or property,
including attorney fees and court costs, whether incurred as a result
of the negligence of the Township or the applicant and/or owner and
their employees and agents, and that the applicant is duly authorized
to agree to the same; and
F.
Such other information as may be required from time to time by the
Township.
3.
Copies of all state and county certifications required for the operation
of food services shall be submitted with the application, where applicable.
4.
A certificate of insurance shall be attached to the application providing
general liability insurance of not less than $350,000 per occurrence
and listing the Township as additionally insured. A permit shall be
issued only for the time period covered by the effective dates of
the general liability insurance policy.
5.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety,
with all required supporting documents attached, and the permit fee
has been paid in full.
6.
The application, supporting documents, and permit fee shall be submitted
to the Department of Community Development at least 45 days in advance
of the desired date(s) of operation, notwithstanding the discretion
of the Director of Community Development to accept an application
submitted less than 45 days in advance of the desired date(s) of operation.
7.
Any person aggrieved by a decision of the Code Enforcement Officer
may appeal by delivering a written request to be heard before the
Board of Supervisors within five days of the notice of denial. The
appeal shall be heard before a regularly scheduled meeting of the
Board of Supervisors. If there is no regularly scheduled meeting of
the Board of Supervisors occurring prior to the desired date(s) of
operation, then a special meeting may be held with any required advertising
costs to be paid by the applicant prior to such advertisement. Any
person that submits an application less than 45 days in advance of
the desired date(s) of operation forfeits the right to appeal a denial
thereof.
8.
A separate application shall be submitted to the Department of Community
Development for all desired dates of operation not within the same
calendar month.
9.
The permit fee shall be $50 per desired day of operation, or as otherwise
set forth in the Township Schedule of Fees, as may be amended from
time to time by resolution of the Board of Supervisors.
10.
If the application is denied, the permit fee shall be returned to
the applicant less any costs actually incurred by the Township and
less a $20 administrative fee. If the application is approved, no
refund of the permit fee shall be given, regardless of whether the
applicant actually operates on the approved date(s). If the application
is approved in-part and denied in-part, then the permit fee for the
desired dates of operation that are denied shall be returned to the
applicant. Failure of the Department of Community Development to review
an application prior to the desired date(s) of operation shall be
a deemed denial of the application only with regard to each desired
date that passes.
11.
The Township may refuse a permit if it determines that issuing the
permit will negatively impact traffic flow or will otherwise be detrimental
to public health and safety, or if the number of allowed permits is
already exhausted.
12.
The Township may refuse a permit if it determines that the applicant
has a poor record of conformance with the requirements under this
Part 7, or if the applicant and/or owner owes any outstanding monies
to the Township.
[Ord. No. 478, 4/27/2021]
The following regulations shall apply to Food Trucks:
1.
The location of all food trucks shall be approved by the Code Enforcement
Officer. Operation shall only be permitted of food trucks located
at least 150 feet from any brick-and-mortar business of a substantially
similar kind, as determined by the Code Enforcement Officer. "Substantially
similar kind" shall mean a food truck that sells food made substantially
of the same ingredients as those offered by a brick-and-mortar business
within the stated proximity.
2.
No food trucks shall operate in any manner that obstructs a public
right-of-way, impairs the movement of pedestrians or vehicles, or
poses a hazard to public safety.
3.
No food truck on public property or within the public right-of-way
shall provide or allow any dining area, including but not limited
to tables, chairs, benches, and stand-up counters.
4.
No tanks, generators or other equipment shall be placed within the
public right-of-way.
5.
The Director of Community Development, Police Chief, Fire Chief,
and Code Enforcement Officers shall have the discretion to require
a food truck to move locations when deemed necessary for emergency
purposes or other public benefit.
6.
Township trash receptacles intended for the general public may not
be used by food trucks owners/operators or customers. All food trucks
must provide appropriate and adequate waste bins which shall be removed
at the close of the business day. Food truck owners/operators shall
pick up and remove all trash and rubbish within 30 feet of its location.
7.
All food trucks shall be attended at all times by at least one person
in charge who is at least 18 years of age.
8.
No liquid waste or grease may be disposed in tree pits, storm drains
or onto the sidewalks, streets, or other public space. Under no circumstances
shall grease be released or disposed of in the Township's sanitary
sewer system.
9.
No signage is allowed except signage affixed to the food truck.
10.
Operation may occur only between 7:00 a.m. and 11:00 p.m. on Fridays
and Saturdays and between 7:00 a.m. and 10:00 p.m. on all other days.
Food Trucks may not arrive more than one hour prior to the approved
hours of operation and must be removed within one hour of the end
of the approved hours of operation. Hours of operation are subject
to change upon notice from the Code Enforcement Officer.
11.
Food trucks may not remain parked on the street overnight and may
not remain parked in any public parking space overnight.
12.
All required state- and county-issued licenses and permits must be
valid and posted in a visible location on or within the food truck
at all times.
13.
Food trucks may not operate within 15 feet of a fire hydrant.
14.
Food trucks seeking to be located on private property to serve the
general public are subject to the requirements of this Part 7.
15.
Food trucks remain subject to all applicable Township Code requirements.
16.
Failure to comply with any provision of this Part 7 may result in
a fine, denial of a permit application, and/or revocation of an approved
permit. The denial of a permit application or revocation of an approved
permit shall be at the discretion of the Director of Community Development.
17.
The Township may, from time to time, promulgate whatever rules or
regulations it deems necessary or desirable to effectuate the purposes
of this Part 8, and the same shall be approved by the Township.
[Ord. No. 478, 4/27/2021]
Any person who violates or permits the violation of any provision of this Part 7 shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine, not less than $50 for the first offense, not less than $100 for the second and subsequent offense, and not more than $1,000, plus the cost of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this Part 7 that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this Part 7 is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice in the amounts stated hereinabove.
