[HISTORY: Adopted by the Board of Supervisors of the Township
of Polk 1-23-2023 by Ord. No. 2023-04. Amendments noted where applicable.]
This chapter shall be known as the "Polk Township Food Truck
Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
A licensed, self-contained motorized vehicle, or unmotorized
trailer, where food or beverages are cooked and/or prepared and served
for individual portion service such as a mobile food kitchen.
A.
A Township permit shall be required prior to the operation of any
food truck within the confines of the Township.
B.
A Township permit should be applied for on a form supplied by the
Township.
C.
The application shall provide:
(1)
The name of the business and its owners and the mailing address of
the business as well as phone number and email address.
(2)
Certification that the food truck has passed all necessary inspections
required by the Commonwealth of Pennsylvania and a copy of all permits
issued.
(3)
A certificate of insurance providing general liability insurance
of not less than $1,000,000 per occurrence listing the Township of
Polk as an additional insured.
(4)
A copy of the permit issued by the Commonwealth of Pennsylvania Department
of Agriculture.
D.
The issuing officer may require inspection of the food truck prior
to the issuance of the permit.
E.
Permit fees for issuance and renewal will be set by resolution of
the Board of Supervisors.
F.
The permit issued hereunder shall require annual renewal. A current
valid copy of the permits issued by the Commonwealth of Pennsylvania
must be on file with the Township at all times.
A.
No food truck shall dispense food or beverages unless fully compliant
with this chapter and all applicable statutes and regulations.
B.
A food truck may not park along any Township or state roadway and
may not park with any Township or state right-of-way.
C.
A food truck may park and operate on private property only with consent
and approval of the owner of such property.
D.
A food truck may not remain on the same property for more than a
consecutive seventy-two-hour period, with the exception of real property
owned or leased by the food truck operation for purposes of storage
of such food truck when not in operation. There shall be a ninety-six-hour
period before a food truck can return to the same property.
E.
A food truck shall not park and operate on any property where there
are not already parking spaces for the customers of such business
existing on the property. A food truck shall not park on any vacant
property.
F.
There will be safe ingress and egress for vehicles utilizing any
property upon which a food truck is located and operational.
G.
A food truck will not block or obstruct any driveway, right-of-way,
fire lane, or access to any property.
H.
The food truck operator shall provide trash receptacles near the
stationary food truck, and all trash and refuse shall be removed by
the operator at the conclusion of operation on a daily basis.
I.
Tables may be temporarily set up near the food truck with the property
owners' permission.
J.
No audio amplification, including but not limited to megaphones or
speaker systems, shall be permitted as part of the food truck vending
operation.
K.
The food truck operator and/or his designee must be present at all
times that the food truck is stationary and operational, unless in
the case of an emergency.
L.
A food truck may not be located within 100 feet of the closest property
line of any brick-and-mortar eating establishment.
M.
No alcoholic beverages shall be dispensed from the food truck.
N.
A food truck may operate from 6:00 a.m. to 10:00 p.m.
A.
Where there is to be a gathering of three or more food trucks at
an event, an event permit must be applied for from the Township.
B.
The event permit application shall include the name and address of
the property owner at which the event is taking place; the dates and
times of such event; the number of food trucks to be present at such
event; and the name and address of the person who will be a contact
person for such event.
C.
Any such event will be for no longer duration than 72 hours.
D.
All regulations set forth in this chapter shall be applicable to
such event.
A.
The Board of Supervisors shall appoint an enforcement officer for
the purpose of enforcing this chapter.
B.
When it appears to the enforcement officer that the operation of
the food truck poses an imminent threat to public health and safety
if the food truck is not immediately closed, the enforcement officer
shall have the power to order the immediate closure until all violations
have been complied with.
C.
A food truck permit shall be revoked in the event that any violation
of this chapter or the terms of the permit occurs and is not remedied
within a period of five days from the date of written notice of such
violation.
D.
Three or more violations within a one-year period shall be grounds
for revocation of the permit.
F.
Revocation or nonrenewal of any permit issued by the Commonwealth
of Pennsylvania shall have the effect of automatic revocation of any
permit issued hereunder.
A.
Any person who violates any provision of this chapter shall be subject
to a citation for a summary offense with a fine of not less than $250
nor more than $1,000 and the cost of a prosecution.
B.
In the event of the imposition of a fine which is not appealed and
remains unpaid, any permit issued hereunder will be suspended and
the food truck not permitted to operate unless and until said fine
and all related costs are paid in full.
This chapter shall be effective immediately.
