[Adopted 8-12-2015 by Ord. No. 3587[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Mobile Food Vendors, adopted 5-12-2004 by Ord. No. 3208 (§ 12.115
of the 1993 Code).
As used in this article, the following terms shall have the
meanings indicated:
A commercially manufactured, self-contained, mobile food
unit, including trucks, carts and trailers, in which food is prepared
or processed and from which food is sold or dispensed to the ultimate
consumer.
The owner of a mobile food vehicle or pushcart; hereinafter
referred to as "vendor."
A non-self-propelled wheeled cart, specifically designed
and used for keeping, storing, or warming food or beverage for sale
by a mobile food vehicle vendor, which may be moved by one person
without the assistance of a motor.
A.
It shall be unlawful for any person to do any of the following within
a public right-of-way or on public property in the City of Fond du
Lac without first having obtained a valid mobile food vending license
as prescribed in this article:
B.
No person shall park, stop, or operate a mobile food vehicle or pushcart,
nor shall any mobile food vehicle vendor permit any person to park,
stop or operate a mobile food vehicle or pushcart in a location adjacent
to or within a one-hundred-foot radius of the nearest edge of any
building or section of a building comprising a licensed food establishment,
excluding any patio, awning, or temporary enclosure attached thereto,
the kitchen of which is open for serving food to patrons. This requirement
may be waived if the most recent application for a mobile food vending
license was submitted together with the written consent of the proprietor
of the adjacent licensed food establishment.
C.
Each and every vendor will at all times keep a "measuring wheel or
measuring tape" with a measuring capacity of no less than 200 feet
on the mobile food vehicle. The measuring wheel or tape will be available
for use by any person operating or working on the mobile food vehicle
and by any police officer or other municipal official tasked with
enforcing the provisions of this article.
D.
All vendors will abide by all parking and traffic laws, ordinances,
statutes, rules, and regulations at all times, except that a mobile
food vehicle that is of such a length that it occupies all or a portion
of two marked parking spaces may park in said spaces so long as it
abides by all other parking restrictions, including required payments
in both parking meters, when applicable.
(1)
Vendors may park on Main Street from Johnson Street to 4th Street
and Western Avenue subject to compliance with parking regulations.
The two-hour parking restrictions will be strictly enforced. Vendors
that violate the two-hour restriction will not receive warnings prior
to being cited.
E.
Mobile food vehicle vending locations will be utilized on a first-come-first-reserved
basis and may generally occur in commercially and industrially zoned
area (subject to limitations within residential areas). All mobile
food vehicle units must maintain a distance of five feet from the
nearest edge of any building and two feet from the curbs. All vendors
will maintain the appropriate distances from crosswalks, curb cuts,
sidewalk benches, bike racks, bus shelters and stops and other obstructions.
The vendor is required to set up the mobile food vehicle, arrange
for waiting on customers and have customers line up in a way that
avoids conflict between customers and the traveling public, including
pedestrians, parked vehicles and moving vehicles. A clearance of not
less than five feet wide will be maintained on any public sidewalk
upon which a pushcart is located. Mobile food vehicles are not permitted
on public sidewalks.
F.
Mobile food vendors are allowed in City parking lots only as part of an approved special event, march, or public assembly pursuant to Chapter 562 of the Code of the City of Fond du Lac, or upon approval by the Community Development Director. Mobile food vendors are allowed adjacent to or within City parks, but shall not park, stop, or operate a mobile food vehicle or pushcart, nor permit any person to park, stop, or operate a mobile food vehicle or pushcart, in a location adjacent to or within a 200-foot radius of the nearest edge of any building or section of a building located in a City park that sells food or beverages.
[Amended 6-28-2017 by Ord. No. 3636; 2-13-2019 by Ord. No. 3684]
G.
A person with a valid driver's license of such a classification
to allow the operation of the mobile food vehicle shall be with the
vehicle at all times that any activity is taking place in the mobile
food vehicle. The vendor is liable for any violation of this subsection.
H.
No person will park, stop, or operate a mobile food vehicle, nor will any mobile food vehicle vendor permit any person to park, stop or operate a mobile food vehicle in a location within 500 feet of the boundary line of any property upon which a fair, farmer’s market, festival, carnival, circus, civic event, or special event, march, or public assembly, as defined in Chapter 562 of the Code of the City of Fond du Lac, that is licensed or sanctioned by the City is occurring, except when the vendor has obtained a permit or otherwise properly obtained permission to do so.
[Amended 2-13-2019 by Ord. No. 3684]
I.
Appropriate permits or other properly obtained permission must be obtained to park, stop, or operate a mobile food vehicle or push cart in a location within 500 feet of the boundary line of any property upon which a fair; farmer’s market; festival; carnival; circus; civic event; march, or public assembly, or special event as defined in Chapter 562 of the Code of the City of Fond du Lac, that is licensed or sanctioned by the City is occurring.
[Amended 2-13-2019 by Ord. No. 3684]
J.
All mobile food vehicle vendors are prohibited from connecting to
light poles, utility poles, or any public source of electricity, water
or sewer, or to any planter or tree or other public amenity.
K.
All mobile food vehicle vendors are prohibited from connecting to
light poles, utility poles, or any public source of electricity, water
or sewer, or to any planter or tree or other public amenity. Authorization
to use City utilities in City parks may be granted by the Parks Superintendent.
[Amended 6-28-2017 by Ord. No. 3636]
L.
Mobile food vehicle or pushcart vending hours on public property
and public right-of-way are from 8:00 a.m. to 9:00 p.m. (Sunday through
Thursday) and from 8:00 a.m. to 10:00 p.m. (Friday and Saturday).
Mobile food vehicle must be closed, the area cleaned and the mobile
food vehicle removed by the time specified. Mobile food vehicle vending
hours are not restricted on private property locations.
M.
Nothing in this article shall be deemed to supersede or repeal any
ordinance relating to noise, park closing hours, or parking, except
as specifically provided in the article. Vendors will take every precaution
to ensure that their operations do not materially affect the peace
and welfare of the general public nor cause any unreasonably loud,
disturbing and unnecessary noise or any noise of such character, intensity
or duration as to be detrimental to the life or health of any individual
or which is in the disturbance of public peace and welfare.
A.
Any person desiring to operate a mobile food vehicle or pushcart
will make written application for a mobile food vending license to
the City Clerk's office. The application for such license shall
be on forms provided by the City Clerk's office and will include
all of the following:
(1)
The name, signature, and address of each applicant and of each member
or officer of a corporate applicant.
(2)
A description, including make, model, VIN number, and license plate,
of the mobile food vehicle.
(3)
A valid copy of all necessary licenses, permits or certificates required
by the County of Fond du Lac, the State of Wisconsin, or any subsidiary
enforcement agencies or departments thereof, including but not limited
to valid proof of registration for the vehicle and driver's licenses
for all operators and documentation of the necessary approvals from
the Fond du Lac County Health Department for operation as a mobile
food vendor.
(4)
Any additional information deemed necessary by the City Clerk to
determine if issuance of a mobile food vending license to a particular
applicant would be in the best interest of the public.
B.
Upon receipt of an application for a mobile food vending license,
the clerk may conduct a background check and may refer to the Chief
of Police or his or her designee who may make and complete an investigation
of the statements made in such registration. Any such investigation
will be completed as soon as practicable. The City Clerk may refuse
to register the applicant if any of the following is determined:
C.
Each mobile food vending license will expire on June 30 of each year.
D.
A mobile food vending license is not transferable from person to
person.
E.
A mobile food vending license is valid for one vehicle only and is
not transferable.
F.
The mobile food vending license will be permanently and prominently
affixed to the mobile food vehicle.
G.
License, late fee and renewal fees shall be paid in accordance with
the fee schedule set by resolution of the City Council.
H.
Any person denied a mobile vending license may appeal the denial
to the City Manager by filing a written statement therewith within
14 days after the date registration was denied, setting forth the
grounds for appeal. The City Manager or his designee will notify the
applicant, at least 48 hours prior to the hearing date, time and place
of such hearing. Notice will be personally served on the appellant.
This appeal process is also available for license holders who have
been suspended or revoked.
A mobile food vending license may be suspended or revoked by the City Clerk, or the Chief of Police, if the license holder made any material omission or materially inaccurate statements in the license application, or if the license holder violates any provision of this article, if there are noise complaints related to the mobile food vehicle or the operation thereof, or if the license holder is convicted of any crime or ordinance or statutory violation directly related to the licensed activity. Notice of suspension or revocation will be personally served on the applicant and will include a statement of the act(s) upon which the denial is based. Appeals are available as set out in § 356-5H.
A.
Any person violating any provision of this article shall be subject to the forfeitures and penalties contained in § 1-4 of this Code. Each day of violation shall constitute a separate offense.
B.
The Police Department and the Department of Public Works shall have
concurrent authority to remove or cause the removal of any vending
equipment or merchandise found on the street, sidewalk, terrace or
other vending location in violation of any regulations established
pursuant hereto. In addition to any forfeiture, the violator shall
be liable for any removal, towing and storage charges incurred by
either department.
