[HISTORY: Adopted by the Borough Council of the Borough of
Bellefonte 8-6-2018 by Ord. No.
080618-01. Amendments noted where applicable.]
The general purpose of these regulations is to promote the health,
safety, comfort, convenience, prosperity, and general welfare of the
citizens of the Borough of Bellefonte by requiring that new and existing
mobile food vendors provide residents and customers with a level of
cleanliness, quality and safety. It is also the intent of this regulation
to establish reasonable guidelines and restrictions for mobile food
vendors and encourage the safe and convenient use of the Borough's
public right-of-way.
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
Any person or business who applies for a license under the
provisions of this chapter.
A facility to which a mobile food facility returns daily
for such things as vehicle and equipment cleaning, discharging liquid
or solid wastes, refilling water tanks and ice bins, and where food
is kept, handled, prepared, packaged, or stored.
The Code Enforcement Officer of the Borough of Bellefonte
or any sworn officer of the Borough of Bellefonte Police Department.
A person who sells, intends to sell or offers to sell food
products in or about the streets of the Borough from a mobile food
vendor facility.
Either a street vending facility or a sidewalk vending facility.
An establishment where meals are generally served and eaten
on premises; prepares and serves food and drink to customers in return
for money, either paid before the meal or after the meal is provided.
A.
No person shall commence operation of a mobile food vendor facility
in the Borough of Bellefonte unless the required license has been
obtained for the facility and, if required by the state, its commissary
from the Commonwealth of Pennsylvania Department of Agriculture. Mobile
food vendor facilities not requiring a license by the state must show
proof of application and inspection by the Commonwealth of Pennsylvania
Department of Agriculture as required by state law.
B.
All licenses from the Commonwealth of Pennsylvania Department of
Agriculture shall be prominently displayed at all times during operation
of a mobile food vendor facility.
C.
Upon request from the Enforcement Officer, a mobile food vendor facility
must show proof of general liability insurance in the amount of $100,000
per individual and $300,000 per occurrence.
D.
Any mobile food vendor operating without the required license(s)
shall be deemed in violation of this chapter, and the mobile food
vendor shall be subject to penalties and fines as provided within
this chapter and otherwise provided by law.
E.
The Code Enforcement Officer shall be authorized to deny, revoke
or suspend operations for any mobile food vendor found in noncompliance
with the established requirements.
A.
No mobile food vendor facility shall hereafter sell or offer for
sale any products or services within 500 feet of the designated boundaries
of any Borough-organized, Borough-sponsored or Borough-sanctioned
event or activity to which vendor access is restricted or regulated,
provided that this restriction shall not apply to a mobile food vendor
facility who receives a written permission from the event organizer
sponsoring the event to operate within the boundaries of any Borough-organized,
Borough-sponsored or Borough-sanctioned event or activity.
B.
No mobile food vendor facility on public property or within the public
right-of-way shall provide or allow any dining area, including but
not limited to tables, chairs, booths, bar stools, benches, and standup
counters.
C.
Consumers shall be provided with single-service, break-resistant
dinnerware, drinkware, and serving containers.
D.
For mobile food vendor facilities on public property, including the
Borough's right-of-way, the Borough reserves the right to temporarily
move a mobile food vendor facility if the approved location needs
to be used for emergency purposes, snow removal, construction, or
other public benefit or if the location is required for a Borough-sponsored
event.
E.
On school days from 7:00 a.m. to 4:00 p.m., no mobile food vendor
facility may operate within 150 feet of the grounds of any building
used as a public kindergarten, elementary school or secondary school.
F.
Borough trash receptacles may not be used by mobile food vendor facilities.
All mobile food vendors must provide a waste bin and a recycle bin
which shall be removed by the mobile food vendor at the close of the
mobile food vendor's business day and shall pick up and remove
all papers, wrappers, bottles or other refuse dropped by the customers
thereof within 30 feet of the vicinity of the mobile food vendor facility.
Under no circumstances shall a mobile food vendor use containers or
receptacles for the use of the general public.
G.
No mobile food vendor facility shall make or cause to be made any
unreasonable or excessive noise.
H.
A mobile food vendor facility may not operate within any Borough
park in the Borough limits, or on property owned by the Borough of
Bellefonte, unless approved as part of a special event or granted
written approval from the Borough to do so.
I.
No mobile food vendor facility is permitted to park or stop to serve
customers within a 150-foot radius of any principal customer entrance
to any restaurant or food establishment serving food products within
the Borough.
J.
No mobile food vendor facility may park in any parking areas in districts
zoned residential longer than two hours or the maximum permitted period
for parking in any one block, whichever is less.
K.
No operator of a mobile food vendor facility shall park, stand, or
move a vehicle and conduct business within areas of the Borough where
the mobile food vendor has not been authorized to operate.
L.
Mobile food vendor facilities are permitted to park and serve customers
on private property within all zoning districts, except those denoted
as residential, only if given express written consent of the property
owner and such written consent is kept in the mobile food vendor facility
at all times when the mobile food vendor facility is operating on
the property. In all residential zoning districts, mobile food vendor
facilities are permitted to park and serve customers on private property
only if given express written consent of the property owner and such
written consent is kept in the mobile food vendor facility at all
times when the mobile food vendor facility is operating on the property.
M.
No mobile food vendor shall hereafter sell or offer for sale any
food or nonfood products and services in a manner that would substantially
obstruct a public right-of-way, impair the movement of pedestrians
or vehicles, or pose a hazard to public safety.
N.
No mobile food vendor facility may park within 15 feet of a fire
hydrant, or in any no-parking or unloading zone.
O.
Mobile food vendor facilities may not operate between the hours of
2:30 a.m. and 6:30 a.m., and mobile food vendor facilities must be
removed from public property by 2:45 a.m. each day.
P.
Mobile food vendor facilities parking in metered parking spaces will
be required to deposit coins to keep the meter in paid status and
are required to abide by the maximum time limit as required in the
metered parking area.
Q.
All mobile food vendor facilities shall be attended by at least one
operator who is at least age 18 at all times.
S.
All mobile food vendor facilities occupying a public space must be
in operation within 30 minutes of occupying the space.
T.
No mobile food vendor facility shall use electric, water or wastewater
facilities of the Borough without the written consent of the Borough
Manager.
V.
No liquid waste or grease is to be disposed on the ground around
vegetation, in storm drains or onto the sidewalks, streets, or other
public spaces. Under no circumstances shall grease be released or
disposed of in the Borough's sanitary sewer system.
W.
Unattended vehicles prohibited. No mobile food vendor facility shall
be left unattended and unsecured at any time food is kept in the mobile
food truck. Any mobile food vendor facility which is found to be unattended
shall be considered a public safety hazard, shall be ticketed in accordance
with existing Borough ordinances and may be impounded.
X.
A mobile food vendor facility operating outside of an approved route,
at an unauthorized location, or beyond the hours for which the operation
has been permitted shall be deemed operating in violation of this
chapter and may be subject to enforcement action.
A.
Authority is hereby conferred upon the Enforcement Officer to promulgate
rules and regulations with respect to the specific matters for which
such authority is herein granted and to change and modify any and
all such rules and regulations from time to time in the manner provided
by law, subject to the approval of Borough Council, provided that
such rules and regulations shall not be inconsistent with the provisions
herein and local, state and federal law. A copy of such rules and
regulations shall be available in the Borough office.
B.
When it appears to the Enforcement Officer that the operation of
the mobile food vendor facility poses an immediate and imminent threat
to the public health and safety that will occur if the mobile food
vendor facility is not immediately closed, the Enforcement Officer
shall have the power to order the immediate closure of the mobile
food vendor facility until such time that the violations complained
of have been corrected or the Borough Council or other appropriate
hearing board overrules the determination of the Enforcement Officer.
C.
Nothing set forth in this section may limit the pursuit of other
appropriate actions or proceedings at law or in equity available to
the Borough.
A.
Operation may be denied or suspended by the Code Enforcement Officer
for any of the following reasons:
(1)
The mobile food vendor or any of its principals fail to satisfy any
qualification of requirements imposed by this chapter, or other local,
state or federal laws or regulations; or
(2)
The mobile food vendor or any of its principals have engaged in operating
without a valid license; or
(3)
The mobile food vendor facility is operated in such a manner as to
constitute a public nuisance or safety hazard; or
(4)
The mobile food vendor, its principals or agents repeatedly violate
any of the provisions of this chapter.
B.
Notice of denial, revocation or suspension will be sent via first-class
mail to the name and address of the applicant for license with the
Commonwealth of Pennsylvania Department of Agriculture. If no applicant
for license with the Commonwealth of Pennsylvania Department of Agriculture
is on record, the notice shall be sent via first-class mail to the
registrant of the vehicle license plate or hand-delivered to the vendor
facility. Upon notice of denial, revocation, or suspension, an aggrieved
party may appeal to the Borough Manager by submitting a written notice
of appeal to the Code Enforcement Officer within 10 days following
the date of the adverse action.
C.
The provisions of this section are not exclusive. This section shall
not preclude the enforcement of any other provisions of this chapter
or state or federal laws and regulations. The Borough of Bellefonte
may impose additional requirements to protect against health hazards
related to the operation of a mobile food vendor facility.
Any person who violates any provision of this chapter shall
be guilty of an offense and for every such violation, upon conviction,
shall be sentenced to pay a fine of not less than $250 nor more than
$1,000 and the costs of prosecution and, in default of payment of
fine and costs, to undergo imprisonment for not more than 90 days.
