[HISTORY: Adopted by the Town Board of the Town of Westfield 6-6-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
A. 
It shall be unlawful for any person to operate a mobile food vehicle within the public rights-of-way or on public property anywhere within the Town of Westfield, except as permitted herein.
B. 
It shall be unlawful for any person to operate a mobile food vehicle on private property without first having obtained a valid mobile food vending license as prescribed in this section. Operation of a mobile food vehicle on private property shall be regulated in accordance with all applicable provisions of the Town Code.
C. 
Mobile food vehicles with a valid mobile food vending license as prescribed by this section shall be allowed to operate on private property within an area that has been designated by the Town of Westfield as an approved location.
For purposes of this chapter, the following terms shall have the meanings indicated:
MOBILE FOOD VEHICLE
A self-contained cart, trailer, or motorized vehicle in which ready-to-eat food is prepared, cooked, wrapped, packaged, processed or portioned for service, sale, or distribution.
MOBILE FOOD VENDOR
The owner of a mobile food vehicle or the owner's agent.
The provisions hereof shall not apply to the following:
A. 
Vendors operating in a municipal park or on municipal property during a recognized festival or special event, including, but not limited to, fireworks displays, fishing tournaments, and Alumni Weekend.
A. 
Approved locations may not be adjacent to or within a radius of 100 feet 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 application includes the written consent of the proprietor of the adjacent food establishment.
B. 
Approved locations may not conflict with any parking and vehicle and traffic laws, ordinances, rules and regulations of the Town of Westfield.
C. 
Neither the vendor nor the property owner may provide seating intended primarily to accommodate patrons of the food vehicle, except that the property owner may provide a reasonable amount of seating to be used by employees of a business that is located on that property.
D. 
A license for the operation of a food truck in the Town of Westfield, or changes thereto, shall be subject to the approval of, and issued by, the Town of Westfield Code Enforcement Officer or designee.
A. 
To operate in an approved location, the vendor must obtain and provide evidence of permission granted by the owner of the property, in written and notarized form, specifying the days, times and specific location(s) for which permission has been granted.
B. 
Mobile food vehicles may only be parked in areas indicated on the permit application submitted to the Town by said property owner and approved by the Code Enforcement Officer.
C. 
Mobile food vehicles with a valid mobile food vending license may be operated by the vendor during hours as approved by the property owner.
(1) 
However, vendors may not operate mobile food vehicles:
(a) 
Before 9:00 a.m.; or
(b) 
After 9:00 p.m., Sunday through Thursday; or
(c) 
After 10:00 p.m. on Friday and Saturday.
(2) 
However, the Code Enforcement Officer may modify the permit to allow a variance from these limitations during specific events such as fireworks displays, fishing tournaments, and festivals that operate outside these hours.
D. 
Mobile food vehicles must be parked within the boundaries of the designated area of the approved locations, as approved by the Town Board. The Town Board designates the Code Enforcement Officer (or his designee) as the person authorized to make the determination of whether the mobile food vehicle is in compliance.
E. 
All signage must be permanently affixed to the mobile food vehicle except each vehicle may use one sandwich board sign no larger than six square feet per side.
F. 
All mobile food vehicles must be equipped with trash receptacles of a sufficient capacity and shall be changed as necessary to prevent overflow or the creation of litter or debris.
G. 
No alcohol may be sold or dispensed from mobile food vehicles.
Any person desiring to operate a mobile food vehicle shall make a written application for such license to the Code Enforcement Officer, on forms provided by the Town Clerk, which shall include the following:
A. 
Name, signature and address of each applicant and each corporate officer of the mobile food vehicle vending corporation.
B. 
A valid copy of all necessary licenses, permits or certificates required by the County of Chautauqua, the State of New York or any subsidiary enforcement agencies or departments thereof, including, but not limited to, a valid New York State Department of Motor Vehicles registration and certificate of inspection and valid driver's licenses of all vehicle operators.
C. 
A signed statement that the vendor shall hold harmless the Town and its officers and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the license.
D. 
Insurance.
(1) 
The vendor shall furnish a certificate of insurance evidencing that the vendor possesses and maintains such public liability, food products liability, and damage to property or bodily injury, including death, which may arise from the operations under the license or in connection therewith. Such insurance shall provide coverage of not less than $1,000,000 per occurrence. The policy shall further provide that it may not be canceled except upon 30 days' written notice served upon the Town of Westfield. A license issued pursuant to the provisions of this section shall be invalid at any time the insurance required herein is not maintained and evidence of continuing coverage is not filed with the Town of Westfield.
(2) 
In addition to the above-required certificate of insurance, the vendor shall also endorse, maintain and include the Town as an additional named insured on its underlying business commercial general liability policy.
Every mobile food vehicle vending license shall be subject to the following conditions:
A. 
The license shall expire on April 1 of every year.
B. 
The license shall not be transferable from person to person.
C. 
The license is valid only for the vehicle for which it was issued.
A. 
All vendors shall pay an initial application fee based on the square footage of the mobile food vehicle and the first year's license fee. Both fees shall be in amounts set from time to time by the Town Board.
B. 
All vendors holding a license that has been revoked or permitted to lapse shall pay a renewal fee as set by the Town Board.
A. 
The owner/operator of any mobile food vehicle licensed by the Town of Westfield shall comply with all provisions of federal, state, and local laws and ordinances.
B. 
The owner/operator of any mobile food vehicle licensed by the Town of Westfield shall comply with all notices, orders, decisions and rules and regulations made by the Westfield Code Enforcement Office, the Chautauqua County Sheriff's Office, the Chautauqua County Health Department, or any other Town of Westfield department and/or agency.
A. 
Any person who violates any provision of this chapter shall be guilty of a violation. Each violation shall be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.
B. 
Closure for operation without license. Any mobile food vehicle operating without the required Town of Westfield license shall be immediately closed by order of the Town of Westfield. Every day of operation without a license shall constitute a separate violation and shall be punishable by a fine of $250 per violation.
Should any person affected by this chapter suffer an unnecessary hardship in the carrying out of the strict letter of this chapter, such person may apply to the Planning Board in writing for a variance from strict compliance with this chapter, with proof of such unnecessary hardship. For the purposes of this chapter, unnecessary hardship shall not be the mere delay in being permitted to make an application or waiting for a decision on the application for a permit.