[HISTORY: Adopted by the Town of Kittery; amended 5-30-2018
by Ord. No. 04-18; 5-9-2022. Subsequent amendments noted where applicable.]
This chapter is known as the "Town Food Truck Ordinance" and
is referred to hereinafter as "this chapter."
The purpose of this chapter is to control the issuance of licenses
for food trucks, lunch wagons, mobile units or roving diners in the
Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any mobile vehicle or unit used to prepare, sell or serve
food at a number of sites and capable of being moved from its serving
site at any time.
No person may operate any type of food truck within the Town
unless licensed to do so by the Town, unless specifically waived by
the Town. Applications for food truck licenses are to be made in writing
upon forms supplied by the Town Clerk and state the name of the applicant,
residence and mailing addresses, the name of the business to be conducted,
business address, the location(s) to be used, residence and business
telephone numbers, and the date of the application. Upon receipt of
the application, the Town Clerk shall refer the same to the Code Enforcement
Officer for a determination to assure compliance with the ordinances,
statutes and regulations of the Town of Kittery and State of Maine.
A.
The Town Manager will review the application and approve or deny
the permit within 30 days of the date of the request received.
B.
The Town shall grant a license unless they find that issuance of
such license will be detrimental to the public health, safety or welfare
or would be in violation of any Town or state ordinance, rules or
regulations.
The municipal officers may, after a public hearing, suspend
or revoke any license for noncompliance with the ordinances, statutes
and regulations of the Town of Kittery and State of Maine.
Every person licensed to operate a food truck must pay to the
Town Clerk an annual fee as set out in Appendix A. All licenses, unless
otherwise provided, are for 12 months' duration.[1]
[1]
Editor's Note: See § A-10.
No food truck may operate or be stationed in any Town roadways
or parks, except at Town-sponsored special events:
A.
In
such a manner as to obstruct or impede the normal flow of vehicular
or pedestrian traffic or to expose any pedestrian to a risk of injury;
B.
On
any Town sidewalks; or
C.
In
such a way that any part of the equipment overhangs private property,
unless the owner of the unit has authorization from the property owner
in writing.
A.
Any person aggrieved by the decision of the Town Manager may appeal
such decision to the Town Council. The Town Council, after a public
hearing, may affirm or reverse the Town Manager's decision.
B.
Any person aggrieved by the decision of the Town Council may appeal
such decision to the Superior Court as otherwise provided by law and
Rule 80(B) M.R.C.P.
Any violation of this chapter will be assessed a penalty of
$250. Each day any violation of this chapter continues constitutes
a separate offense.
