[Adopted 11-17-2022 by Ord. No. 2022-02]
The Borough finds that allowing mobile food vendors to operate, subject to practical regulations and limitations, is beneficial to persons living and working within the Borough of Homestead. This Part recognizes the unique physical and operational characteristics of mobile food vending, establishes standards for mobile food vending operations and promotes practices that serve the health, safety and welfare of the public.
1. 
For the purposes of this Part, the following words, terms, and/or phrases are defined in this section:
BOROUGH
The Borough of Homestead, Allegheny County, Pennsylvania.
FOOD TRUCK
A vehicle or cart (truck, van, trailer, etc.) which, in conformance with the regulations established by this Part, may temporarily park upon a designated street or private or public space and engage in the service, sale, or distribution of food for individual portion service to the general public, directly or indirectly, from the vehicle or cart. This term shall include, but is not limited to, trucks, cars, vans, and trailers used for food vending and/or food preparation. This term does not include any automobiles, trucks, vans or other vehicles not specifically designed, remodeled, or manufactured for food preparation/serving.
MOBILE FOOD VENDOR
Any individual or business entity, including nonprofit, charitable, and religious entities, operating a food truck.
Subject to the regulations established by this Part, mobile food vendors are permitted to operate subject to the permit requirements of this Part on any designated street and/or public or private space as designated on the map entitled "Food Truck Permit Area."
1. 
No mobile food vendor shall operate a food truck within the Borough without a permit issued by the Borough.
2. 
A separate mobile food vendor permit is required for each and every food truck operated within the Borough by a mobile food vendor.
3. 
In addition to the Borough permit, an operator of a mobile food vendor 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 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.
4. 
Permits shall be valid for the calendar year from January 1 until December 31 and annually renewed by submitting updated information on the appropriate application.
A. 
If information concerning a permitted mobile food vendor and/or 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.
5. 
Permits are nontransferable.
6. 
All mobile food vendor permits are subject to a fee in the amount established by resolution of Council.
1. 
Every mobile food vendor shall submit a permit application containing the following information:
A. 
The name and/or entity name and address of the mobile food vendor applicant;
B. 
Contact information, including direct phone number and email, of the individual responsible for day-to-day operation of the food truck of the applicant;
C. 
Food truck information, including business, make, model, and license plate number;
D. 
Valid mobile food facility permanent retail license from the Pennsylvania Department of Agriculture;
E. 
Valid food facility permit from the Allegheny County Health Department Food Safety Program;
F. 
A certificate of insurance providing general liability insurance of not less than $350,000 per occurrence;
G. 
Mobile food vendor/food truck information, including typical menu items and proposed hours of operation;
H. 
Such other information as may be required by the Borough.
1. 
No mobile food vendor may operate in an area not indicated on the mobile food vendor permit area, except under the following restrictions and requirements:
A. 
Private property.
(1) 
The mobile food vendor must have express written consent of property owner;
(2) 
The food truck must utilize only the private property for purposes of operation and is prohibited from utilizing a public street and/or alley.
(a) 
If physically impossible to utilize the private property for purpose of operation, the mobile food vendor and/or private property owner shall submit an exemption request to the Borough. The Borough reserves all rights to grant or deny such exemption.
(3) 
Under no circumstances shall a mobile food vendor be permitted to operate a food truck upon Eighth Avenue within the Borough limits, even upon private property, including privately owned parking lots.
(4) 
The mobile food vendor shall not be permitted to operate a food truck on any vacant lot within the Borough.
(a) 
In the event a vacant lot is adjacent to and owned by the same property owner, the mobile food vendor and/or private property owner shall submit an exemption request to the Borough. The Borough reserves all rights to grant or deny such exemption.
B. 
Permitted event.
(1) 
Mobile food vendors are permitted to operate in connection with a public or private event that has been properly permitted by the Borough in accordance with the appropriate ordinance.
(2) 
Mobile food vendors must otherwise comply with all applicable state and county permits and licensing for operation of a food truck while operating at a permitted event.
2. 
No mobile food vendor shall operate between the hours of 10:00 p.m. and 7:00 a.m.
3. 
Any mobile food vendor shall provide the Borough Code Enforcement Officer 24 hours' advanced written notice, if possible, when the mobile food vendor 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 mobile food vendor shall conduct business within the Borough jurisdictional limits.
4. 
No mobile food vendor shall park its food truck in front of a restaurant unless written permission is obtained from the restauranter.
5. 
No mobile food vendor may operate a food truck on West Street from East Hazel Way to East Park Way.
6. 
Mobile food vendors 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.
7. 
Borough trash receptacles may not be used by mobile food vendors.
8. 
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 vendors shall offer a waste container for public use that the mobile food vendor shall empty at his own expense.
9. 
Mobile food 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.
10. 
No mobile food vendor 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.
11. 
If tanks, generators or other equipment are to be utilized by a mobile food vendor, they shall be placed within the immediate vicinity of the 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.
12. 
Temporary signs used as part of the food truck operation shall not exceed eight square feet and shall not block any sidewalks or impede any vehicular, biking or pedestrian traffic or paths.
13. 
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.
14. 
Each food truck shall post its permit, or a copy of the permit, in a conspicuous place to which the public has access by sight. This includes permits required by the Pennsylvania Department of Agriculture and the Allegheny County Health Department Food Safety Program.
15. 
If a trailer is utilized, the trailer is prohibited from being detached or disconnected from the food truck.
1. 
Fine for violation. Any permit holder operating a food truck in violation of any provision of this Part and any mobile food vendor operating without a permit shall be subject to a civil 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. Each day a violation continues to exist shall constitute a separate and distinct violation of this Part.
2. 
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 Part.
3. 
Enforcement. The provisions of this Part 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, Homestead Borough Police or any other designated officials of the Borough of Homestead.
All ordinances or parts of ordinances which are inconsistent herewith, except to the extent otherwise provided herein, are hereby repealed.