[Added by Ord. No. 625,
11/14/2022]
This Part shall be known as and may be cited as "the Edinboro
Food Truck Ordinance."
[Added by Ord. No. 625,
11/14/2022]
For purposes of this Part, the following terms shall have the
meanings as indicated:
A vehicle or cart, which may, upon issuance of a permit by
the Borough, and in conformance with all applicable regulations, temporarily
park upon a publicly designated street or sidewalk and engage in the
service, sale or distribution of food for individual portion service
to the general public, directly from the vehicle. The term shall include,
but is not limited to, vehicles and trailer hitch units used for food
vending. The term shall include mobile ice cream trucks or water ice
trucks.
[Added by Ord. No. 625,
11/14/2022]
1.
It shall be unlawful for any person to maintain or operate a food
truck in the Borough without first applying for and securing a permit
therefor, as provided in this Part. The permit shall be valid from
the date of issuance and shall be valid for a specified period of
time, daily, weekly or until the end of the calendar year in which
the permit was issued. Permits may be denied or revoked for failure
to comply with this Part, or the provision of inaccurate information
on a permit application.
2.
Food trucks are not required to obtain a Borough permit pursuant
to this Part when the food truck is participating in a public event
separately approved by the Borough, or when operating on the grounds
of Goodell Gardens & Homestead or Pennsylvania Western University
for events held at either location.
[Added by Ord. No. 625,
11/14/2022]
1.
Any person who shall desire to operate food truck in the Borough
shall make an application in writing to the Borough. Such application
shall be accompanied by an application fee, as required by a schedule
of fees, established and amended from time to time by resolution of
Borough Council. The application shall include, at a minimum, the
following information:
A.
The name and address of the of the applicant and/or the food truck
owner/operator;
B.
The business name and address and EIN;
C.
Contact information, include phone number and e-mail address;
D.
Food truck information, including business license number, truck
make, model and license plate number;
E.
Copy of Erie County Health Department license and any other permits
or licenses required to operate a food truck within the Commonwealth
of Pennsylvania;
F.
Food truck vending information, including types of goods to be sold
and proposed hours of vending;
G.
A certificate of liability insurance naming the Borough as an additional insured as required by § 13-1105 of this Part;
H.
A copy of the applicable vehicle insurance for the food truck; and
I.
Such other information as may be required from time to time by the
Borough.
2.
The Borough shall not process any application unless the application
has been completed in its entirety and the application fee, indemnity
agreement and certificate of liability insurance have been submitted
to the Borough.
3.
The application form shall be submitted to the Borough subject to
the penalty of perjury pursuant to 18 Pa.C.S.A. § 4904,
relating to unsworn falsification to authorities and shall contain
the following indemnity language, to which the applicant shall agree:
"The applicant represents that he/she is authorized and has
the authority to property bind __________ (name of business) (hereinafter
referred to as "operator") and to offer this indemnification. Operator
shall save, indemnify, defend and hold harmless the Borough of Edinboro,
Erie County, Pennsylvania (the "Borough"), its elected officials,
officers, employees, volunteers and agents, against any and all losses
and expenses, including, but not limited to, litigation and settlement
costs and attorney's fees and costs, claims, suits, action, damages
and liability for or on account of actual or alleged loss of life,
bodily injury, personal injury or damage to property, caused by any
reason due to the existence and/or operation of the food truck owned
and/or operated by operator, its officers, directors, employees, agents
or volunteers within the Borough."
[Added by Ord. No. 625,
11/14/2022]
The application for a permit to operate a food truck within
the Borough must include a certificate of insurance naming the Borough
of Edinboro, Erie County, Pennsylvania as an additional insured under
a policy of general liability insurance issued by a company qualified
to do business in the Commonwealth of Pennsylvania and are rated A-
or better. The insurance policy shall be in a minimum amount of $1,000,000
for bodily injury or death and $500,000 for property damage per occurrence
and $2,000,000 in the aggregate. The Borough is to be notified in
writing at least 30 days prior to any reduction or cancellation of
coverage. Neither this provision nor any other term of this Part shall
limit the liability of the owner or operator of the food truck.
[Added by Ord. No. 625,
11/14/2022]
The following requirements shall apply to the operation of food
trucks within the Borough:
1.
All required Erie County license and permits must be valid and posted
in a visible location on or within the food truck at all times.
2.
No vending is permitted within 100 feet of a brick-and-mortar restaurant,
unless any restaurant within 100 feet has provided written permission.
3.
No vending is permitted within 25 feet of a fire hydrant.
4.
No vending is permitted on private property without express permission
of the property owner.
5.
Food trucks are prohibited from operating such that the customers
are served from the side of the truck open to the road.
6.
No tanks, generators or other equipment shall be placed within the
public right-of-way.
7.
Temporary signs shall not exceed eight square feet and shall not
block any sidewalks or impede any vehicular, biking or pedestrian
traffic or paths.
8.
Awnings and canopies associated with any food truck shall be at least
seven feet above any public sidewalk.
9.
A food truck operating within the Borough is subject to all applicable
Borough ordinances, resolutions, and requirements.
10.
Food trucks are only permitted to operate within a Commercial Zoning
District or within or adjacent to a public park with express approval
from the Borough.
11.
Any operator of a food truck shall provide the Borough Code Enforcement
Officer with a minimum of 24 hours advanced written notice of when
the operator will be operating the food truck within the Borough limits
pursuant to a validly issued permit. The date or dates of operation
and requested locations of operation for that specific time period
of operation shall be provided. Notice is required each time the operator
of a food truck shall conduct business within the Borough. In the
event that the operator intends to operate on a weekend or holiday,
the operator shall provide the required notice at least 24 hours prior
to the last business day prior to the weekend or holiday.
12.
No food truck operating under an approved food truck permit shall
be permitted to remain parked in the Borough for over 24 consecutive
hours. Food trucks intending to serve for multiple days in a row must
vacate the approved space and return the next day.
13.
Food trucks are permitted to serve customers on private property
throughout the Borough if given express written consent of the property
owner and if the food truck is serving food to a private event and
is not serving/selling to the public.
14.
In no event may food trucks be permitted to operate on an unimproved
parcel located within the Borough.
[Added by Ord. No. 625,
11/14/2022]
1.
The Borough of Edinboro Police Department shall have the power to
enforce the provisions of this Part, and may bring any action at law
or in equity to secure compliance with the provisions of this chapter
and/or collect any fine imposed.
2.
Any person who shall violate the provisions of this Part or fail
to comply therewith with any of the requirements thereof shall, upon
conviction thereof in a summary proceeding brought before a Magisterial
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,
and in no case shall either fine exceed $1,000, plus the costs 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 that is
violated shall constitute a separate offense, and each day or portion
thereof in which a violation of this Part is found to exist shall
constitute a separate offense, each of which shall be punishable by
a separate fine imposed by the Magisterial District Justice in the
amounts stated above.
