[HISTORY: Adopted by the Board of Supervisors of the Township
of Buffalo 10-6-2021 by Ord. No. 102-2021. Amendments noted where applicable.]
This chapter shall be known as the "Buffalo Township Food Truck
Ordinance of 2021."
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 in public spaces. 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:
A vehicle or cart, which may, upon issuance of a permit by
Buffalo Township and conformance with the regulations established
by this chapter, temporarily park upon a publicly designated street
or sidewalk and engage in the cooking 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.
It shall be unlawful for any person to maintain or operate a
food truck in Buffalo Township without first applying for and securing
a permit therefor, as provided in this chapter. The permit shall be
valid from the date of issuance until the end of the calendar year
in which the permit was issued.
A.
Any person who shall desire to operate a food truck in Buffalo Township
shall make an application (the applicant) in writing to the Township.
Such application shall be accompanied by such application fee, as
required by a schedule of fees, established by and amended from time
to time by resolution of the Board of Supervisors. Such application
shall be made annually after the first of the year upon forms provided
by the Township, and shall set forth and include the following information:
(1)
The name, business name and address of the applicant and/or food
truck owner;
(2)
Contact information, including phone number and e-mail address;
(3)
Food truck information, including business license number, all state
and county permits, truck travel hitch make and model, and license
plate number;
(4)
Food truck vending information, including types of goods to be sold
and proposed hours of food truck vending;
(5)
Such other information as may be required from time to time by the
Township; and
(6)
An agreement of indemnity prepared by the Township and a certificate
of liability insurance naming the Township as an additional insured;
and
(7)
All such information as may be required by the Township.
B.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety and
the application fee, as required by a schedule of fees, established
and amended from time to time by resolution of the Board of Supervisors,
has been paid in full. The schedule of fees shall be kept on file
at the Municipal Building of Buffalo Township. There shall be no proration
of fees under this subsection.
A.
The owner of the food truck shall well and truly save, indemnify,
defend, and hold harmless Buffalo Township, Board of Supervisors,
individual Supervisors, officers, elected officials, employees, agents,
etc., from and against any and all actions, suits, demands, payments,
judgments, costs and charges caused by any reason due to the existence
of the food truck and all damages to persons or property resulting
from or in any manner caused by the presence, location, use, operation,
installation, maintenance, replacement, or removal of such food truck,
or by the acts or omissions of the employees or agents of the applicant
and/or food truck owner in connection with such food truck.
B.
The owner of the food truck shall obtain and maintain a general liability
insurance policy protecting itself and Buffalo Township from any and
all damages. A food truck owner must indemnify Buffalo Township a
minimum amount of $1,000,000 for bodily injury or death and $500,000
for property damage resulting from any one accident. All insurance
policies shall be issued by companies qualified to do business in
the Commonwealth of Pennsylvania. All policies shall name the Township
as an additional insured and shall provide that any cancellation or
reduction in coverage shall not be effective unless 30 days'
prior written notice thereof has been given to the Township.
C.
Neither the provisions of this section nor any damages recovered
by the Township shall be construed to limit the liability of the owner
of the food truck for damages.
The following regulations shall apply to food trucks:
A.
An applicant, upon submitting an application for a food truck permit,
must also furnish copies of the food truck operator and/or owner's:
(1)
Valid driver's license;
(2)
Valid certificate of general liability coverage in the minimum amount
specified by the Township and to the Township's satisfaction.
(3)
Valid copy of the food truck's business license and tax identification
number; and
(4)
Any licensing and/or permitting required by Washington County and/or
the Commonwealth of Pennsylvania for the operation of a food truck.
B.
Vending shall only be permitted from food trucks located at least
50 feet from any residential building.
C.
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.
D.
Food trucks may not stay parked on the street overnight and must
be removed from the street every night.
E.
All required Washington County issued licenses and permits must be
valid and posted in a visible location on or within the food truck
at all times.
F.
No vending is permitted within 25 feet of a fire hydrant.
G.
No vending is permitted on private property without express permission
of the property owner.
H.
A person in charge must be present at the food truck vending site
at all times.
I.
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.
J.
No tanks, generators or other equipment shall be placed within the
public right-of-way.
K.
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.
L.
Awnings and canopies associated with any food truck shall be at least
seven feet above any public sidewalk.
M.
A food truck vending operation is subject to any and all applicable
Second Class Township Code requirements or other relevant Buffalo
Township ordinances, resolutions, or requirements.
N.
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 this chapter as well as the denial
of a food truck vending application and/or revocation of a food truck
operation permit. 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 this chapter):
The Township may, from time to time, promulgate whatever rules
or regulations it deems necessary or desirable to effectuate the purposes
of this chapter, and the same shall be approved by the Township Board
of Supervisors.
Any person who violates or permits the violation of any provision
of this chapter 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 chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter 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.
The provisions of this chapter are hereby declared severable,
and if any of its provisions shall be held to be invalid or unconstitutional,
or otherwise void for any reason, such decision shall not affect or
impair any of the remaining provisions hereof, it is hereby declared
to be the intent of the Township that this chapter would have been
adopted if such invalid, unconstitutional or otherwise void provision
had not been included herein.
Any ordinance containing any provision inconsistent herewith
to the extent that such provisions are inconsistent, those provisions
are also hereby repealed.
This chapter shall become effective five days after enactment.
