[HISTORY: Adopted by the Board of Trustees of the Village
of Hudson Falls 1-10-2022 by Ord. No. 1-2022. Amendments noted where
applicable.]
This chapter is adopted pursuant to the authority vested in
the Board of Trustees of the Village of Hudson Falls pursuant to Municipal
Home Rule Law § 10 of the State of New York.
The Board of Trustees of the Village of Hudson Falls has determined
that its municipal Code does not address potential impacts of mobile
food service establishments and push carts. Although the NYS Department
of Health has adopted regulations pertaining to mobile food service
establishments and push carts (10 NYCRR 14.1 et seq.), said regulations
need to be supplemented by local law in order to address those potential
impacts which are specific to the Village of Hudson Falls community.
Therefore, in addition to compliance with said NYS regulations, all
applicants for a permit to operate a mobile food service establishment
or push cart within the limits of the Village of Hudson Falls shall
be required to submit an application for site plan review by the Village
Planning Board. The Planning Board shall be required to consider and
incorporate in its findings each of the factors hereinafter set forth.
As used in this chapter, the following terms shall have the
meanings indicated:
A self-contained food service operation, located in a vehicle
or a moveable stand, self- or otherwise propelled, used to store,
prepare, display or serve food intended for individual portion service.
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
A.
Upon site plan review of any application for a mobile food service
establishment or push cart, the Hudson Falls Village Planning Board
shall be required to evaluate the suitability of any such application
after consideration of the following factors and conditions:
(1)
No on site sewage disposal services shall be provided.
(2)
No porta-potties or other temporary restroom facilities shall be
allowed.
(3)
No outdoor seating shall be allowed.
(4)
Adequate space for patron safety shall be provided.
(5)
Adequate short-term, off-street parking shall be provided.
(6)
No parking on municipally owned property shall be allowed without
special permit issued by the Village Board.
(7)
Location and operation on NYS Route 4 (Main Street), or within 500
feet thereof, shall be prohibited.
(8)
On site waste disposal shall be prohibited. The operator shall be
responsible for complete and adequate cleanup of the surrounding area
upon the end of daily operations.
(9)
Temporary signage to be approved by the Planning Board.
(10)
Generators and other noise-producing equipment which produce
noise that can be heard within 100 feet of the food truck shall be
prohibited.
(11)
Operation within residential zoning districts shall be prohibited.
(12)
Hours of operation shall be limited to the hours of 9:00 a.m.
to 9:00 p.m., with a maximum allowed hourly operation of five consecutive
hours.
(13)
Adequate liability insurance to be provided.
(14)
Fire extinguishers and fire suppression systems shall be provided
aboard the food truck.
(15)
Compliance with applicable NYS public health regulations to
be documented.
(16)
Operation shall be in conjunction with an approved commissary
that is accessible during all hours of operation. (A commissary is
a food establishment or facility permitted or licensed by the NYS
Department of Health and is a location where food trucks are cleaned,
supplied with water, food, single-service items, and where wastewater
is properly disposed.)
(17)
The operator shall submit plan drawings of the food truck, drawn
to scale and showing all equipment therein. The food truck menu shall
also be submitted as part of the permit application.
B.
Special permit to be issued by Village Board.
(1)
Upon completion of site plan review, the Village Planning Board shall
submit to the Village Board its written recommendations and findings.
The Village Board shall then consider and evaluate said recommendations
and findings in order to determine whether any additions or modifications
to said findings and recommendations are necessary. Upon completion
of its review of the site plan findings and recommendations the Village
Board shall resolve whether or not a special permit shall be issued
approving the application, with or without additions or modifications
thereto.
(2)
The Village Board may impose reasonable permit fees and may also
grant special exceptions for particular events and festivals.
(3)
The operator shall schedule a pre-operational inspection with the
Village Code Enforcement Officer before commencing operations. Operations
shall be subject to regular inspection by the Village Code Enforcement
Officer.
(4)
The Village Code Officer is authorized to enforce any other specific
rules and regulations of the State Sanitary Code applying to mobile
food service establishments and push carts. A finding of a violation
of any such rules and regulations shall subject the operator to immediate
order to discontinue operations.
The Code Enforcement Officer of the Village of Hudson Falls
shall enforce all the provisions of this chapter. Said Code Enforcement
Officer, any police officer, or health officer having jurisdiction
and any other duly authorized agent or employee of the Village of
Hudson Falls shall have the right at any reasonable time to enter
a mobile food service establishment in order to inspect same for compliance
with this chapter.
The owner, lessee, licensee, or permit holder who commits any
act of violation of the provisions of this chapter shall be liable
for any such violation and the penalty therefore. Each day such violation
shall continue or be permitted to exist shall constitute a separate
violation. Any person violating any provision of this chapter shall
be liable to a fine of up to $250 per day, or to imprisonment for
not more than 15 days, or both.
The section numbering contained herein is used for the adoption
of this chapter. Upon incorporation of the foregoing into the next
revision of the Code Book of the Village of Hudson falls, the foregoing
section and/or paragraph numbering may be amended by the publisher
upon final publication.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect immediately upon filing in the
Office of the New York State Secretary of State.
