[HISTORY: Adopted by the Borough Council of the Borough of
Verona 11-13-2018 by Ord. No. 02-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting; special sales — See Ch. 168.
The provisions of this chapter apply to food trucks engaged
in the business of cooking, preparing and/or distributing food or
beverages with or without charge in public spaces. This chapter does
not apply to mobile ice cream or water ice trucks.
For purposes of this chapter, the following word, term and/or
phrase has the meaning indicated herein:
A vehicle or cart, which may, upon issuance of a permit by
the Borough of Verona and conformance with the regulations established
by this chapter, temporarily park upon a publicly designated street
or sidewalk and engage in the service, sale or distribution of food
for individual portion service to the general public, directly from
the vehicle. The term shall include but is not limited to trucks and
trailer hitch units used for food vending.
It shall be unlawful for any person to maintain or operate a
food truck in the Borough of Verona without first applying for and
securing a permit therefor, as provided in this chapter. The permit
shall be valid from the date of issuance until the end of the calendar
year in which the permit was issued.
A.
Any person who shall desire to operate a food truck in the Borough
of Verona shall make an application (the applicant) in writing to
the Borough. Such application shall be accompanied by such application
fee, as required by a schedule of fees, established by and amended
from time to time by resolution of Borough Council. Such application
shall be made annually after the first of the year upon forms provided
by the Borough, and shall set forth and include the following information:
(1)
The name, business name and address of the applicant and/or food
truck owner;
(2)
Contact information, including phone number and e-mail address;
(3)
Food truck information, including business license number, all state
and county permits, truck make and model, and license plate number;
(4)
Food truck vending information, including types of goods to be sold
and proposed hours of food truck vending;
(5)
Such other information as may be required from time to time by the
Borough; and
B.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety and
the application fee, as required by a schedule of fees, established
and amended from time to time by resolution of the Borough Council,
has been paid in full. The schedule of fees shall be kept on file
at the Municipal Building of the Borough of Verona. There shall be
no proration of fees under this subsection.
A.
The owner of the food truck shall well and truly save, indemnify,
defend, and hold harmless the Borough of Verona, its officers, elected
officials, employees and agents from and against any and all actions,
suits, demands, payments, judgments, costs and charges caused by any
reason due to the existence of the food truck and all damages to persons
or property resulting from or in any manner caused by the presence,
location, use, operation, installation, maintenance, replacement,
or removal of such food truck, or by the acts or omissions of the
employees or agents of the applicant and/or food truck owner in connection
with such food truck.
B.
The owner of the food truck must obtain and maintain a general liability
insurance policy protecting itself and the Borough of Verona from
any and all damages. A food truck owner must indemnify the Borough
of Verona a minimum amount of $1,000,000 for bodily injury or death
and $500,000 for property damage resulting from any one accident.
All insurance policies shall be issued by companies qualified to do
business in the Commonwealth of Pennsylvania. All policies shall name
the Borough as an additional insured and shall provide that any cancellation
or reduction in coverage shall not be effective unless 30 days'
prior written notice thereof has been given to the Borough.
C.
Neither the provisions of this section nor any damages recovered
by the Borough shall be construed to limit the liability of the owner
of the food truck for damages.
The following regulations shall apply to food trucks:
A.
An applicant, upon submitting an application for a food truck permit,
must also furnish copies of the food truck operator and/or owner's:
B.
Vending shall only be permitted from food trucks located at least
50 feet from any residential building.
C.
Vending may occur only between 7:00 a.m. and 10:00 p.m. food trucks
may not arrive before 6:00 a.m. and must be removed by 11:00 p.m.
each day.
D.
If parked in a metered parking space, food trucks must feed the parking
meter as required by the Borough.
E.
Food trucks may not stay parked on the street overnight and must
be removed from the street every night.
F.
All required Allegheny County issued licenses and permits must be
valid and posted in a visible location on or within the food truck
at all times.
G.
No vending is permitted within 25 feet of a fire hydrant.
H.
No vending is permitted on private property without express permission
of the property owner.
I.
A person in charge must be present at the food truck vending site
at all times.
J.
Food trucks may only be open to and may only serve customers from
the side of the truck facing the sidewalk, food trucks are prohibited
from operating with their trucks open to the roadway.
K.
No tanks, generators or other equipment shall be placed within the
public right-of-way.
L.
Temporary signs used as part of the food truck vending operation
shall not exceed eight square feet and shall not block any sidewalks
or impede any vehicular, biking or pedestrian traffic or paths.
M.
Awnings and canopies associated with any food truck shall be at least
seven feet above any public sidewalk.
N.
A food truck vending operation is subject to any and all applicable
Borough Code requirements or other relevant Verona Borough ordinances,
resolutions, or requirements.
The Borough may, from time to time, promulgate whatever rules
or regulations it deems necessary or desirable to effectuate the purposes
of this chapter, and the same shall be approved by the Borough Council.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a District Justice, be guilty of a summary offense
and shall be subject to the payment of a fine, not less than $50 for
the first offense, not less than $100 for the second and subsequent
offense, and not more than $1,000, plus the cost of prosecution. Upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a period of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter is found to exist shall constitute a separate offense, each
of which violations shall be punishable by a separate fine imposed
by the District Justice in the amounts stated hereinabove.
