[HISTORY: Adopted by the Town Board of the Town of Ithaca 2-14-2022 by L.L. No. 2-2022. Amendments noted where applicable.]
The purpose of this chapter is to regulate food trucks within the Town of Ithaca in a manner that protects the public health, safety, and welfare, while also providing a degree of flexibility for additional food vendors and sales. This chapter describes the permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 125, entitled "Building Construction and Fire Prevention."
The following terms shall, for the purposes of this chapter,
have the meanings herein indicated:
Establishment where people make art or products by hand,
using handheld tools or tabletop/benchtop equipment.
Establishment or facility that is not part of a civic use,
that provides an indoor or outdoor recreation or entertainment-oriented
activity to the public with or without a fee, as an ongoing principal
use. Examples of activities that may be part of this use include:
indoor fun center, bowling center, video/game arcade, laser tag, paintball,
airsoft, movie theater, downhill skiing, cross country skiing, swimming
pool, tennis court.
A mobile food service operation located in a licensed motorized
vehicle or a movable cart, stand, or trailer and from which food is
prepared and/or cooked for purposes of selling or distributing in
individual portions to the general public directly from the vehicle,
cart, stand or trailer for consumption on or off of the premises.
Any person owning or having control of the use of a food
truck, including their respective employees and agents.
Manufacture mostly from previously prepared materials, preparation,
processing, or repair of products for distribution or sale; with no
detectible off-site impacts.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law.
Facility of a nonprofit private club or organization, mostly
open only to club members and their guests (examples: service or lodge-based
organization, social club, veterans' club, labor union).
Establishment that provides professional, administrative,
clerical, outpatient medical or allied health care, veterinary, or
technology services.
Establishment conducting scientific research, investigation,
testing, or experimentation. It may also include related manufacture
or sale of products incidental to the main purpose of the laboratory.
Establishment that prepares and serves meals or drinks to
customers on site or delivery off site.
Establishment that sells or rents a physical or intangible
product to the public or provides a service to customers on site.
NYS-recognized school for post-secondary, graduate, doctoral,
professional, or vocational education.
NYS-recognized school for primary or secondary (K-12) education.
A.
It shall be unlawful for any person to operate a food truck within the Town of Ithaca outside the Village of Cayuga Heights without having obtained a food truck permit in accordance with the provisions of this chapter. The use of vehicles that fall under the New York State Uniform Fire Prevention and Building Code's definition of "mobile food preparation vehicles" also requires an operating permit, in accordance with the provisions of Town Code § 125-8.
B.
Any person desiring to operate a food truck shall make a written
application for a food truck permit to the Town of Ithaca Code Enforcement
Department. The application for a permit shall be made on forms provided
by the Town of Ithaca and shall include the following information:
(1)
Name, signature, telephone number, e-mail address, home address,
and business address of the food truck operator, including the owner
of the food truck.
(2)
A description and photograph of the food truck, including the license
plate and registration number (where applicable), and dimensions (length
and width).
(3)
A valid copy of the Tompkins County Health Department permit for
a mobile food service operation.
(4)
Address of the property the food truck will be located on and name
of the property owner.
(5)
Written documentation that the applicant has been provided authorization
from the property owner for the operation and location of the food
truck on the property.
(6)
A sketch plan including details sufficient to demonstrate compliance
with this chapter.
(7)
Required application fee in accordance with the fee schedule established
by the Town Board.
D.
Food truck permits may be issued to operate on an approved location
on a tax parcel for up to 180 days per calendar year, in accordance
with this chapter. Permits expire on the food truck's 180th day
of operation in a calendar year, or on December 31 of the year for
which it was issued, whichever is earlier. If a food truck is operated
in conjunction with a restaurant, and the food truck and restaurant
are owned by the same person, there shall be no limit on the number
of days of operation and the permit shall expire on December 31 of
the year for which it was issued. Permittees who wish to have a permit
for the subsequent calendar year must submit a new application pursuant
to the provisions of this section.
E.
A permit is effective upon approval by the Code Enforcement Officer.
F.
A food truck permit is not transferable.
A.
Food trucks permitted under this chapter shall only be located on
private property, unless otherwise approved/permitted in accordance
with this chapter.
B.
Food trucks may operate only in conjunction with the following principal
uses:
(1)
Agricultural use, which may include agricultural retail sales.
(2)
Veterinary hospital/clinic.
(3)
Private club/lodge.
(4)
Farm retreat.
(5)
Adult care facility.
(6)
Child day-care center.
(7)
Research facilities principally dedicated to research in agriculture
or animal husbandry.
(8)
Clinic and nursing or convalescent home or elder care center.
(9)
Equestrian facility.
(10)
Church or other places of worship.
(11)
School, primary/secondary.
(12)
School, college/university/vocational.
(13)
Public library.
(14)
Public museum.
(15)
Nursery school.
(16)
Hospital.
(17)
Fire station, emergency medical services, or other public building
necessary to the protection of or the servicing of a neighborhood.
(18)
Roadside stand.
(19)
Retail and service, general.
(20)
Artisan studio.
(21)
Bank.
(22)
Professional office.
(23)
Hotel or motel.
(24)
Commercial recreation, indoor or outdoor.
(25)
Restaurant/cafe/bar.
(26)
Vehicle fuel sales station.
(27)
Farmers' market.
(28)
Boat harbor and marina.
(29)
Visitor center for tourists.
(30)
Research/laboratory.
(31)
Indoor warehousing and indoor storage facilities.
(32)
Industrial use, low-impact.
(33)
Medical offices or services.
C.
Food trucks may only be sited on the property at the location designated
on the permit.
D.
Food trucks shall be located a minimum of 15 feet from a side yard
or rear yard property line, when the parcel is located within or contiguous
to a residential zoning district. This minimum required distance does
not apply to a side yard or rear yard property line that abuts a private
street.
E.
Food trucks shall be located a minimum of five feet from the edge
of any driveway, utility box or vault, mobility ramp, building entrance,
exit or emergency access/exit way.
F.
Food trucks must be located in a location that ensures adequate ingress
to and egress from the property to prevent traffic congestion or safety
hazards.
G.
Food trucks must be located so as to not obstruct or interfere with
the free flow of pedestrian or vehicular traffic, not restrict visibility
at any driveway or intersection, and not unreasonably interfere with
the activities of other businesses or otherwise interfere with other
lawful activities or violate any statutes, ordinances, laws or regulations.
H.
Food truck operators must demonstrate that a minimum of four parking
spaces are available on the lot (or on an immediately adjacent lot
with the adjacent lot owner's written permission) to serve the
food truck, and that such spaces are not otherwise reserved, encumbered,
or designated to satisfy the off-street parking requirement of another
business or activity that is operating at the same time as the food
truck operation.
I.
Food trucks must be located at minimum 100 feet away from the entrance
of a brick-and-mortar restaurant unless the food truck is operated
or owned by the same person who owns said brick-and-mortar restaurant.
Notwithstanding the foregoing, a food truck may be located on the
brick-and-mortar restaurant's lot with consent of the brick-and-mortar
restaurant owner.
A.
Food truck operators shall maintain a valid Tompkins County Health
Department permit for a mobile food service operation and shall operate
the food truck in conformance with all applicable health standards.
B.
The following shall be conspicuously posted in public view on the
food truck at all times: the Tompkins County Health Department permit;
the Town of Ithaca food truck permit; and (if applicable) the Town
of Ithaca operating permit.
C.
Signage. All food trucks shall be permitted a single freestanding
sign not greater than six square feet in size, which may be placed
only when the food truck is in operation and shall be located on the
same tax parcel as the food truck. Additional signs are allowed as
follows:
D.
Food truck operators shall provide trash and recycling receptacles
within 10 feet of their food truck. A food truck operator is responsible
for the proper processing of waste, trash and recyclable materials
associated with the operation of the food truck. Operators shall remove
all waste, trash and recyclable materials from their approved locations
at the end of each day or more frequently as needed to maintain the
health and safety of the public. The food truck operator shall keep
all areas, including any associated seating areas, clean of grease,
trash, paper, used cups or cans associated with the operation. No
liquid waste or grease shall be disposed in or on streams, wetlands,
storm drains, lawns, sidewalks, streets, or other public space or
in septic tanks not equipped with a grease trap. Liquid waste and
grease disposal into the sanitary sewers may occur only with written
approval of the Ithaca Area Wastewater Treatment Facility and in accordance
with all laws, rules and regulations regarding such disposal.
F.
Tents are prohibited. Awnings are only permitted if they are attached
to the food truck. Umbrellas are only permitted if they are attached
to a table.
I.
Food trucks and associated outdoor seating, if any, shall be removed
from all permitted locations upon expiration or revocation of the
permit.
A.
Special permit procedure for public property. The Town Board may, from time to time by resolution, establish procedures for issuance of permits to locate food trucks on Town-owned property, and such permits, if authorized by the Town in its discretion, shall not be subject to § 202-3D, and § 202-4B, H and I. Such special permit shall be issued in accordance with the process identified in Subsection B below.
B.
Special event, residential block event, neighborhood celebration/festival, or private residence event. The Town Board may, by resolution, authorize Town Code Enforcement Officers to issue a food truck permit in a residential neighborhood or at a residential property for a special event, a residential block event, a neighborhood celebration/festival, or a food truck event at a private residence. Such permit shall only be valid for the period of time identified by the Town Board and shall not be subject to § 202-3D, and § 202-4A, B, H and I. The Town Board shall only authorize said food truck permit after consultation with the Director of Public Works and the Director of Code Enforcement and pursuant to the following procedure.
(1)
Such permit may be granted in those circumstances where the applicant
demonstrates that on balance the need for and benefits of the food
truck permit outweigh the needs and rights of the surrounding neighbors
to a peaceable and quiet environment.
(a)
In determining whether to grant a food truck permit, the Town
Board shall consider factors including, but not limited to: the volume
of the noise; volume of increased traffic; the proximity of the food
truck to sleeping facilities; the time of day or night the food truck
operates; the time duration of the food truck operation; the impact
of the food truck operation on persons living or working in different
places or premises who are affected by the food truck operation; whether
food truck operations create more noise, fumes, illumination, or other
potential nuisances than the operation of any permitted use in the
particular zone; and whether the site layout with the proposed food
truck operations will safely accommodate vehicular, bicycle and pedestrian
access, traffic circulation, parking facilities, and emergency vehicle
access.
(b)
Permit procedure. An application for such a permit shall be
filed with the Town Clerk no less than 21 days before the anticipated
need and shall provide the following information:
[1]
The name of the applicant.
[2]
The name (if any) of the food truck as identified on the vehicle,
cart, stand, or trailer, and the name of the food truck operator for
compliance with the permit, if different from the applicant, which
shall also sign the application and agree to be responsible for compliance
with the permit terms and any conditions attached to the permit.
[3]
Plans, specifications, and layout of the food truck operation.
[4]
Abatement and control methods to be used for the food truck
operation to reduce the impact on the surrounding areas, if necessary.
[5]
Date and time schedule that the food truck operation will occur.
[6]
Such other information as the Town Clerk and/or Town Board may
reasonably require to adequately consider the permit request.
(2)
The Town Board may in its sole discretion waive the application filing
requirement of 21 days upon good cause shown or for other unique,
special or extenuating circumstances.
(3)
At the time of the filing of the permit application or applications,
the applicant shall pay the Town a nonrefundable fee as set from time
to time by Town Board resolution.
(4)
Applications may be submitted simultaneously by a single person,
representative or agent thereof for food truck operations occurring
at a single address within a consecutive six-month period. Food truck
operations of a similar scope may be listed on one application. All
applications shall be reviewed, and determinations shall be rendered
on each application. The Town Board may make different decisions and
impose different conditions on individual food truck operations contained
within an application for multiple food truck operations.
(5)
A public hearing before the Town Board shall be held in connection
with the application no less than five days after publication of notice
of such hearing in the Town's official newspaper. The issuance
of permits shall be discretionary. The Town Board may impose any conditions
deemed necessary by such Board to minimize the impacts that might
occur by the exercise of the privileges granted by the food truck
permit. If a permit is issued, a copy of the permit stipulating any
and all conditions imposed by the Town Board shall be furnished to
the Tompkins County Sheriff's Department and the Tompkins County
Health Department by the Town Clerk, simultaneously upon the issuance
of the permit to the applicant.
(6)
The Town Board may, in its sole discretion, waive the holding of
a public hearing upon good cause shown or for other unique, special
or extenuating circumstances.
Any of the following shall constitute a violation of this chapter:
A.
Failure to properly obtain and/or properly display a valid food truck
permit.
B.
Fraud or misrepresentation contained in the permit application.
C.
Fraud or misrepresentation made in the course of operating the business.
D.
Conduct that creates a public nuisance, or otherwise constitutes
a danger to the public health, safety, welfare.
E.
Failure to comply with the food truck permit or any other provisions
of this chapter.
A.
The Code Enforcement Officer may issue a notice of intent to suspend
or revoke a food truck permit for any violation. The notice of intent
to suspend or revoke shall describe the violation and require the
permit holder to immediately correct the violation or cause the violation
to be corrected.
B.
The notice of intent shall be provided to the permit holder by personal
service, by regular mail to the address submitted with the permit
application, or by posting at the place of business of the food truck.
C.
If the permit holder fails to immediately correct the violation or
cause the violation to be corrected, the Code Enforcement Officer
shall suspend or revoke the permit.
D.
A permit holder shall be entitled to request a hearing on suspension
or revocation before the Town Board, upon application made to the
Town Clerk demonstrating that the permit holder was not in violation
of the permit. Such hearing shall be requested, in writing, with the
request addressed to and received by the Town Clerk within five business
days of the permit holder's receipt of the notice of intent or
of posting, whichever occurs earlier. Any suspension or revocation
remains in effect unless modified by the Town Board. Within 30 days
of the permit holder's written request, the Town Board shall
hold a hearing to determine whether to reverse the suspension or revocation.
The Town Board shall issue its written decision within 15 days after
the hearing.
A.
The requirements established by this chapter shall be administered
and enforced by the Town of Ithaca Code Enforcement Officer or their
designee and such other employees and/or officials authorized by the
Town Board.
B.
Whenever the Code Enforcement Officer finds that there has been a
violation of this chapter, or any rule or regulation issued in connection
therewith, the Code Enforcement Officer is authorized to order in
writing the remedying of any condition or activity found to exist
in, on or about the food truck or its premises in violation of this
chapter, or any rule or regulation issued in connection therewith.
C.
An order to remedy shall be in writing; identify the property or
premises; specify the condition or activity that violates this chapter,
or any rule or regulation issued in connection therewith; shall specify
the provisions of this chapter or any rule or regulation issued in
connection therewith which are violated by the specified condition
or activity; shall include a statement that the violations must be
corrected within seven days after the date of the order to remedy;
the order may direct the person served with the order to begin to
remedy the violation(s) immediately or within some other stated period
of time that can be less than seven days after the date of the order;
direct that compliance be achieved within the specified period of
time; and shall state that an action or proceeding to compel compliance
and/or seek penalties, fines and/or imprisonment may be instituted
if compliance is not achieved within the specified period of time.
D.
The order to remedy, or a copy thereof, may be served by personal
service within five days of when the inspection occurred and a violation
was observed, by mailing by registered or certified mail sent to the
address set forth in the application for any permit submitted to the
Town or to the property address, or by posting a copy thereof on the
premises that are the subject of the order to remedy and mailing a
copy, enclosed in a prepaid wrapper, addressed to the last known address
of the owner as set forth in the Town of Ithaca records, or if none,
in the most recent tax roll available to the Town of Ithaca. The Code
Enforcement Officer shall be permitted, but not required, to cause
the order to remedy, or a copy thereof, to be served on any property
owner, food truck operator, or any other person taking part or assisting
in the operation of a food truck at the affected property personally
or by registered mail or certified mail; provided, however, that failure
to serve any person mentioned in this sentence shall not affect the
efficacy of the order to remedy.
E.
Pursuant to the provisions of Municipal Home Rule Law § 10, Subdivision 4(a), and Criminal Procedure Law § 150.10, Code Enforcement Officers of the Town of Ithaca are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law, returnable in Town Court of the Town of Ithaca, when they have reasonable cause to believe a person has violated, in their presence, Chapter 202 of the Code of the Town of Ithaca, entitled "Food Trucks," and to prosecute the violation in Town Court.
A.
Any person who violates any provision of this chapter, any rule or
regulation issued in compliance therewith, any term or condition of
any food truck permit, order to remedy, or other notice or order issued
by the Code Enforcement Officer pursuant to any provision of this
chapter shall be liable for a fine of not less than $200, or imprisonment
not to exceed 15 days, or both. Each day such violation continues
shall constitute a separate violation.
B.
Civil penalties. Any person who violates any provision of this chapter,
any rule or regulation issued in compliance therewith, any term or
condition of any food truck permit, order to remedy, or other notice
or order issued by the Code Enforcement Officer pursuant to any provision
of this chapter shall be liable for a civil penalty of not more than
$200 for each day or part thereof during which such violation continues.
The civil penalties provided by this subsection shall be recoverable
in an action instituted in the name of the Town of Ithaca.
C.
An action or proceeding in the name of the Town of Ithaca may be
commenced in any court of competent jurisdiction to prevent, restrain,
enjoin, correct, or abate any violation of, or to enforce, any provision
of this chapter, or any rule or regulation issued in connection therewith,
or any term or condition of any food truck permit, order to remedy,
or other notice or order issued by the Code Enforcement Officer pursuant
to any provision of this chapter. Such remedy shall be in addition
to penalties, fines and other remedies otherwise prescribed by law.
D.
Remedies not exclusive. No remedy, fine or penalty specified in this
section shall be the exclusive remedy, fine or penalty available to
address any violation described in this section, and each remedy,
fine or penalty specified in this section shall be in addition to,
and not in substitution for or limitation of, the other remedies,
fines or penalties specified in this section, or in any other applicable
law. Any remedy, fine or penalty specified in this section may be
pursued at any time, whether prior to, simultaneously with, or after
the pursuit of any other remedy, fine or penalty specified in this
section, in any other section of this chapter, or in any other applicable
law.
E.
Conviction of a violation of this chapter shall constitute and effect
an immediate forfeiture of any permit hereunder held by the person
so convicted.
