[HISTORY: Adopted by the Borough Council of the Borough of Blawnox 2-11-2021 by Ord. No. 614; amended in its entirety 3-9-2022 by Ord. No. 623. Subsequent amendments noted where applicable.]
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 within the Borough of Blawnox. 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:
FOOD TRUCK
A vehicle or cart, which may in conformance with the regulations established by this chapter, temporarily park upon a designated street, private or public space 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 and/or preparation. This term does not include any automobiles, trucks, vans, or other vehicles not specifically designed, remodeled, or manufactured for food preparation/serving.
A. 
No person or business entity, including a religious or charitable organization, shall operate a mobile food truck within the Borough of Blawnox without a permit issued by the Borough.
B. 
A separate mobile food truck permit is required for each and every mobile food truck operated within the Borough by an individual, partnership, corporation or limited-liability company.
C. 
In addition to the Borough permit, an operator of a mobile food truck must have the required health licenses and any other required approvals from the Commonwealth of Pennsylvania, Allegheny County and/or any governmental departments which regulate mobile food trucks. Copies of all approvals required by the Commonwealth of Pennsylvania and/or its agencies shall be provided to the Borough Code Enforcement Officer at the time the permit application is submitted to the Borough.
D. 
Permits shall be valid for valid for the calendar year from January 1 until December 31 and annually renewed by submitting updated information on the appropriate application.
(1) 
If information concerning a permitted food truck is changed or updated before the annual permit renewal, the operator must inform the Borough of any such change within five business days.
E. 
Permits are nontransferable.
Every mobile food truck vender and/or operator must submit a permit application containing the following information:
A. 
The name, business name and address of the applicant and/or food truck owner;
B. 
Contact information, including phone number and email address;
C. 
Food truck information, including business license number, all state and county permits, truck make and model, and license plate number;
D. 
Food truck vending information, including typical menu, and proposed hours of food truck vending;
E. 
Such other information as may be required from time to time by the Borough.
F. 
A certificate of insurance providing general liability insurance of not less than $350,000 per occurrence.
A. 
No mobile food truck or trucks will be permitted to operate on a public street or public property in the R-1 Single Family Residential, R-2 Single- and Two-Family Residential, or the R-3 General Residential Zoning District.
(1) 
Mobile food trucks are permitted to park and serve customers on private property within the R-1, R-2 and R-3 Zoning Districts, if given express written consent of the property owner, written notice to the Borough of such consent. Said written consent shall be kept in the mobile food truck at all times when the vehicle is operating on the private property.
(2) 
If physically, and safely possible, mobile food trucks may utilize a public street in connection to a private event in the zoning districts mentioned above, but written authorization from the Borough is required. The Borough reserves all right to make such a determination.
B. 
In all other zoning districts, no mobile food truck shall operate between the hours of 10:00 p.m. to 7:00 a.m.
C. 
Any operator of a mobile food truck shall provide the Borough Code Enforcement Officer 24 hours' advanced written notice, if possible, when the operator will be operating the food truck within the Borough limits pursuant to a validly issued permit. The date or dates of operation for that specific time period of operation shall be provided. Notice is required each time the operator of a food truck shall conduct business within the Borough jurisdictional limits.
D. 
No operator of a mobile food truck shall park its food truck in front of a restaurant unless written permission is obtained from the restauranter.
E. 
No mobile food truck may serve customers within 100 feet of the Borough of Blawnox municipal parks unless written authorization from the Borough is obtained, or from the entity/person who has lawfully rented the park.
F. 
Mobile food truck may provide or allow any dining area, including, but not limited to, tables, chairs, booths, bar stools, benches, and standup counters, so long as these items and areas do not impede upon the public right-of-way, prohibit pedestrian or vehicular traffic, or otherwise pose a safety risk.
G. 
Borough trash receptacles may not be used by mobile food truck vendors.
H. 
Consumers shall be provided with single service articles, such as plastic forks and paper plates, and a waste container for their disposal. All mobile food trucks shall offer a waste container for public use that the operator shall empty at his own expense.
I. 
Mobile food truck vendors are required to keep all areas within 20 feet of the mobile food truck clean of grease, trash, paper, cups or cans associated with the vending operation.
J. 
No mobile food truck shall make or cause to be made any unreasonable or excessive noise so as to disturb or annoy the public near or upon any street, lane, alley, park, square, common or in any public building, public place or business place, or private building or private place within the Borough.
K. 
If tanks, generators or other equipment are to be utilized by a mobile food truck, they shall be placed within the immediate vicinity of the mobile food truck in a manner that does not impede upon the public right-of-way, prohibit pedestrian or vehicular traffic, or otherwise pose a safety risk.
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. Any awnings or canopies must be secured to the food truck and/or otherwise secured. Awnings and canopies may not be set up in the parking lane.
N. 
Each mobile food truck shall post its permit, or a copy of the permit, in a conspicuous place to which the public has access by sight.
O. 
If a trailer is utilized, the trailer is prohibited from being detached or disconnected from the food truck.
A. 
Fine for violation. Any permit holder operating a mobile food truck in violation of any provision of this chapter and any one mobile food truck operator operating without a permit shall be subject to a fine of not less than $300 and not more than $1,000, plus the costs of prosecution, including reasonable attorneys fees, for each day the violation continues to exist or a term of imprisonment not exceeding 90 days, or both. Each day a violation continues to exist shall constitute a separate and distinct violation of this section.
B. 
Revocation, suspension, modification. Once a permit has been issued it may be revoked, suspended, modified, or not renewed by the Borough Code Enforcement Officer for failure to comply with the provisions of this section.
C. 
Enforcement. The provisions of this section promulgated hereunder shall be independent, nonmutually exclusive, separate remedies, all of which are available to the Borough as may be deemed appropriate and all of which may be enforced by the Borough Code Enforcement Officer, Blawnox police or any other designated officials of the Borough of Blawnox.