[HISTORY: Adopted by the Mayor and City Council of the City of Havre de Grace 6-5-1989 by Ord. No. 732. Amendments noted where applicable.]
GENERAL REFERENCES
Criminal sanctions — See Ch. 1, Art. I.
As used in this chapter, the following terms shall have the meanings indicated:
FOOD TRUCK OPERATOR
Includes any vendor that sells any sort of food product for consumption in the City limits from a truck, trailer, mobile smoker/frill or pull-behind cart such as a hot dog cart.
[Added 8-17-2020 by Ord. No. 1039]
HAWKER
A peddler who sells his/her wares by outcry in the streets and public places.
[Amended 8-17-2020 by Ord. No. 1039]
ITINERANT VENDOR or TRANSIENT MERCHANT
A person who is established in business in the City with the intention and determination to remain for a short period of one or more weeks or months, or until a particular stock of merchandise is disposed of or until the local market for the commodity handled by the dealer has been exhausted, and who, for such limited period, engages or occupies a lot of ground or the improvements thereon or a part thereof for the exhibition and sale of his goods or wares.
[Amended 8-17-2020 by Ord. No. 1039]
PEDDLER
A person who goes from place to place and/or from house to house carrying for sale and/or exposing for sale goods, wares and merchandise which he/she carries; or a vendor of goods who sells and delivers to customers the identical goods which he/she carries.
[Amended 8-17-2020 by Ord. No. 1039]
PERSON
An individual, corporation, business trust, estate trust, partnership, association, two or more persons having a joint or common interest or any legal or commercial entity.
SOLICITOR
A person who, going from person to person, house to house, or place to place, seeks orders, subscriptions, contributions or any other kind of support, or who, without necessarily having the intention of making a direct sale, distributes literature, pamphlets, handbills, samples and the like for commercial purposes.
[Amended 3-20-2017 by Ord. No. 987; 8-17-2020 by Ord. No. 1039]
A. 
It shall be unlawful for any peddler, hawker, itinerant vendor, transient merchant, solicitor, or food truck operator to operate within the limits of the City without a license issued by the Director of Planning.
B. 
It shall be unlawful for any peddler, hawker, itinerant vendor, transient merchant, solicitor, or food truck operator to operate within any area for which an area license has been granted, including any area for which an approved City special event permit has been granted, unless such person operates pursuant to the area license. Area licenses shall be issued in accordance with § 127-6B of this chapter.
A. 
Application requirements.
(1) 
Applications for a vendor's or solicitor's license may be obtained from the Department of Planning.
[Amended 8-17-2020 by Ord. No. 1039]
(2) 
Application for a vendor's or solicitor's license may require such information and proof of identification as the Director of Planning may deem appropriate.
(3) 
Applications may require the disclosure of location of the permanent residence of all persons operating pursuant to the license.
B. 
The Director of Planning shall issue the license applied for after:
[Amended 8-17-2020 by Ord. No. 1039]
(1) 
The applicant provides the information as requested by the application and any further information requested by the Director of Planning as may be necessary in the judgment of the Director of Planning to identify persons or vehicles operating pursuant to the herein required license.
(2) 
The applicant pays the required license fee.
(3) 
At the discretion of the Director of Planning, applications may be referred to the Mayor and City Council at any time for final determination.
[Amended 8-17-2020 by Ord. No. 1039]
The license shall be in a form to be determined by the Director of Planning. The form of the license may vary with the type or class of license. The license shall state the date of issue, the date of expiration and the limits of the area of operation. Anyone to whom a license is issued shall present the license to any person for inspection upon demand.
Fees for such licenses shall be as set by the Mayor and City Council from time to time. Fees shall be based upon the number of persons, vehicles and days of operation. The Mayor and City Council may require the posting of cash or other appropriate bond to insure compliance with the provisions of this chapter.
A. 
Individual licenses.
(1) 
A one-year license shall permit up to two persons and one vehicle to operate within the City for a period of one year. Additional persons and vehicles may operate pursuant to any such license for an additional fee.
(2) 
A six-month license shall permit up to two persons and one vehicle to operate within the City for a period of six months. Additional persons and vehicles may operate pursuant to any such license for an additional fee.
(3) 
A daily license shall permit up to two persons and one vehicle to operate within the City for a period of one day. Additional persons and vehicles may operate pursuant to such license for an additional fee.
B. 
Area licenses. An area license shall be issued for three or more itinerant vendors or transient merchants who will operate in a defined area for the period specified in the license. The license shall be issued to a person, the licensee, who shall determine and make available to the Director of Planning the name and address of all merchants operating pursuant to the license. The licensee shall be responsible for any violation of this chapter.
[Amended 8-17-2020 by Ord. No. 1039]
C. 
Group licenses. A group license shall be issued for 20 or more persons who will operate within the City limits for a period specified in the license. The license shall be issued to a person, the licensee, who shall determine and furnish the names and addresses of all persons to operate pursuant to the license prior to the issuance of the license. The licensee shall be responsible for any violation of this chapter.
[Amended 8-17-2020 by Ord. No. 1039]
A. 
All persons engaged in a business or occupation for which they are required to obtain a state or county license, other than Health Department licenses, shall be exempt from the fees imposed under § 127-5 hereof provided that application is made for a license, and the requisite state license is presented for inspection by the Director of Economic Planning prior to issuance of the license required herein.
B. 
Nothing in this chapter shall apply to hawkers, peddlers, itinerant vendors, transient merchants, solicitors or food truck operators while dealing in oysters and fish in their unpreserved and natural condition or fresh fruits, vegetables or other country produce or home produce, provided that the seller is the grower, harvester or home producer thereof.
[Amended 8-17-2020 by Ord. No. 1039]
It shall be unlawful for any peddler, hawker, itinerant vendor, transient merchant, solicitor, or food truck operator to operate within the City of Havre de Grace between the hours of 8:00 p.m. and 8:00 a.m.
Any person convicted of committing any unlawful act as provided in this chapter shall be guilty of a misdemeanor. If any unlawful act is continuing, then each day during which such violation continues shall be considered a separate offense. In addition to any criminal penalty which may be imposed, all the provisions of this chapter may be enforced by petition for injunction filed on behalf of the Mayor and City Council of Havre de Grace.
[Added 8-17-2020 by Ord. No. 1039]
A food truck operator must comply with the following requirements to operate within the Havre de Grace City limits:
A. 
Licenses.
(1) 
Food truck operators must possess a current Harford County Health Department license.
(2) 
Food truck operators must possess a current insurance certificate and be in good standing with the State of Maryland.
(3) 
Food truck operators must obtain a license to operate at one of the City's approved locations. (See Exhibit A.)[1])
(a) 
Four spaces at Hutchins Park.
(b) 
Three spaces at the North Park (Conesteo Street loop).
(c) 
Two spaces at the North side of the 200 block of Bourbon Street.
[Added 2-6-2023 by Ord. No. 1094[2]]
[2]
Editor's Note: This ordinance also redesignated Subsection A(3)(c) and A(3)(d) as Subsection A(3)(d) and A(3)(e).
(d) 
On private property within the C/Commercial Zoning District.
[Added 12-5-2022 by Ord. No. 1090]
(e) 
On private property within the RB/Residential Business Zoning District and RO/Residential Office Zoning District, with the following conditions:
[Added 12-5-2022 by Ord. No. 1090]
[1] 
The proposed location must have an existing nonresidential land use;
[2] 
The Department of Planning will review the application and approve, approve with conditions or deny the application based on location, available parking, traffic concerns, and the health, safety and general welfare of the public.
[1]
Editor's Note: Said exhibit is on file in the City offices.
(4) 
[3]Food truck operators must keep the area within a twenty-five-foot radius of his/her truck free of trash and food scraps.
[3]
Editor's Note: Former Subsection A(4), regarding conditions for food truck operators to operate on private property, was repealed 12-5-2022 by Ord. No. 1090. This ordinance also redesignated former Subsection A(5) through (9) as Subsection A(4) through (8).
(5) 
Food truck operators will not conduct business in a residentially zoned portion of the City.
(6) 
Food truck operators will not display any signage other than what is lettered on his/her food truck and up to two sandwich-style boards or similar signs for the purpose of posting a food menu. Such sandwich board signs must be located no farther than 15 feet from the food truck.
(7) 
Food truck operators must be self-contained, meaning that all water, wastewater and electric shall be produced and managed by the food truck.
(8) 
Waste cooking oil, wastewater, and trash shall be removed by the operator daily.
B. 
License terms and conditions.
(1) 
A license shall be issued under this chapter for a period of 90 days. The license shall be $50 per ninety-day period per truck.
(a) 
Locations will be assigned on a first-come-first-served basis.
(2) 
Renewals will only be accepted within five business days of an expiring license.
(3) 
If a licensee causes damage to City property, such licensee shall reimburse the City of the damages caused. Further, no future license shall be issued to the licensee until the reimbursed costs are fully paid.
C. 
Approved City special events.
(1) 
Any approved City special event whereby a food truck operator wishes to participate will require a separate participation fee.