[Ord. No. 566, 8/9/2022]
The provisions of this Subpart D 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 Subpart D
does not apply to mobile ice cream or water ice trucks.
[Ord. No. 566, 8/9/2022]
For purposes of this Subpart D, the following word, term and/or
phrase has the meaning indicated herein:
FOOD TRUCK
A vehicle or cart, which may, upon issuance of a permit by
the Borough and conformance with the regulations established by this
Subpart D, 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.
STREET
Includes broadly all public roadways, including public alleyways,
public roads and public streets.
[Ord. No. 566, 8/9/2022]
It shall be unlawful for any person to maintain or operate a
food truck in the Borough without first applying for and securing
a permit therefor, as provided in this Subpart D. The permit shall
be valid from the date of issuance until the end of the calendar year
in which the permit was issued.
[Ord. No. 566, 8/9/2022]
The following regulations shall apply to food trucks:
1. 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. Valid certificate of general liability coverage in the minimum amount specified in §
13-129;
C. Valid copy of the food truck's business license and tax identification
number; and
D. Any licensing and/or permitting required by Allegheny County or the
Commonwealth of Pennsylvania for the operation of a food truck.
2. Vending shall only be permitted from food trucks located at least
50 feet from any residential building.
3. 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.
4. If parked in a metered parking space, food trucks must feed the parking
meter as required by the Borough.
5. Food trucks may not stay parked on the street overnight and must
be removed from the street every night.
6. 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.
7. No vending is permitted within 25 feet of a fire hydrant.
8. No vending is permitted on private property without express permission
of the property owner.
9. Food trucks cannot be parked on narrow streets, bends in the street,
or in any other areas or locations whatsoever where it is determined,
in the sole discretion of the Borough Code Enforcement Officer, or
a law enforcement officer or official, that the food truck so parked
creates or likely creates a dangerous condition or public nuisance,
unreasonably impedes pedestrian and/or traffic flow, and/or impedes
or potentially interferes with the movement of emergency vehicles,
buses or trucks.
10. A person in charge must be present at the food truck vending site
at all times.
11. 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.
12. No tanks, generators or other equipment shall be placed within the
public right-of-way.
13. 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.
14. Awnings and canopies associated with any food truck shall be at least
seven feet above any public sidewalk.
15. A food truck vending operation is subject to any and all applicable
Borough Code requirements or other relevant Borough ordinances, resolutions
or requirements.
16. Failure to comply with any directions or provisions of the food truck permit application process and food truck operating guidelines may result in penalties as set forth in §
13-132, as well as the denial of a food truck vending application and/or revocation of a food truck operation permit.
A. The failure to comply with any food truck standards, as set forth herein, may result in the following (in addition to the penalties set forth in §
13-132):
(1)
First violation: fine and/or suspension or revocation of permit.
(2)
Second violation: fine and suspension or revocation of permit.
[Ord. No. 566, 8/9/2022]
The Borough may, from time to time, promulgate whatever rules
or regulations it deems necessary or desirable to effectuate the purposes
of this Subpart D.
[Ord. No. 566, 8/9/2022]
Any person who violates or permits the violation of any provision
of this Subpart D 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 Subpart D that is violated shall constitute a
separate offense, and each day or portion thereof in which a violation
of this Subpart D 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.