[HISTORY: Adopted by the Town Board of the Town of Ontario 5-22-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
A.
Purpose. In recent years, food trucks have become very popular. Most
major cities have a large number and quite a variety of food trucks.
There are even food truck rallies, festivals, and other gatherings
where people can enjoy the variety of food offered by food truck vendors.
With the evolution of food trucks, and their popularity, larger cities
around the country have become concerned with their safety.
B.
Scope. The mobile food preparation vehicles (MFPVs) equipped with
a gasoline, diesel or electric generator, propane or compressed natural
gas, Type I exhaust hood with or without a fire suppression system,
or a solid-fueled cooking device and the Office of the Fire Marshal
shall be authorized to conduct inspections as deemed necessary to
determine the continuing compliance with all provisions of the Fire
Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
A nonmotorized vehicle, designed to be towed by a motorized
vehicle, registered and able to be operated on the public streets
of New York State, in which ready-to-eat food is cooked, wrapped,
packaged, processed or portioned for sale or distribution.
The owner or operator of a food trailer or the owner's
agent; hereinafter referred to as "vendor."
A motorized vehicle, registered and able to be operated on
the public streets of New York State, in which ready-to-eat food is
cooked, wrapped, packaged, processed, or portioned for sale or distribution.
The owner or operator of a food truck, mobile food preparation
vehicle, tent or otherwise preparing and selling food outside a permanent
structure or the owner's agent; hereinafter referred to as "vendor."
Vehicles that contain cooking equipment that produce smoke
or grease-laden vapors for the purpose of preparing and serving food
to the public. Vehicles intended for private recreation shall not
be considered mobile food preparation vehicles.
A special public event that is either sponsored by the Town
of Ontario or recognized by the Town of Ontario, including but not
limited to a festival, parade, concert, or celebration.
Any structure, temporary or permanent, designed to provide
shade or weather protection to users within its shadow.
A.
No food truck vendor shall operate within the public rights-of-way
within the Town of Ontario without first having obtained a valid food
truck vending license or permit as prescribed in this chapter.
B.
No food trailer shall be operated within the public right-of-way,
except to the extent that vending is authorized in a specified space
as part of either a special event or serving a private event. Operation
of a food truck or food trailer on property that is not public right-of-way
or a public park shall be regulated in accordance with all applicable
provisions of the Zoning laws of the Town of Ontario. Food trailers
operating on private property shall comply with the same requirements
as food trucks.
C.
All food trucks and food trailers must abide by all parking and vehicle
and traffic laws, ordinances, rules and regulations at all times,
including but not limited to any durational requirements in force
and effect at that time and location. A food truck may operate in
any legal parking space except as restricted by any ordinance, law,
rule or regulation of the Town of Ontario or direction of the Code
Enforcement Officer of the Town of Ontario. No trucks on Route 104,
Route 350.
D.
No food truck shall operate within 500 feet of the closest point
of any sidewalk café seating area approved by the Town of Ontario.
E.
No food truck or food trailer shall operate within 500 feet of the
boundary line of any festival, special event or civic event that is
permitted or sponsored by the Town of Ontario, except when the vendor
has obtained a permit to so operate from the Town of Ontario.
F.
No food truck or food trailer shall operate in a location that has
the effect of obstructing access to or egress from any structure or
the free flow of vehicular and pedestrian traffic.
G.
All food trucks and food trailers must be equipped with trash receptacles
of a sufficient capacity that shall be changed as necessary to prevent
overflow or the creation of litter or debris.
H.
No vendor shall cry out or make loud noises in any public street,
sidewalk or place for the purpose of selling any food or merchandise.
I.
No vendor shall chain or otherwise attach any signs, goods, merchandise,
chairs, stools or food cart or other equipment used in vending to
any tree, parking meter, hydrant, sign or post, light pole, telephone
pole or other street appurtenance or leave any such items unattended
on a public street, sidewalk, or place. Acceptance of any permits
under this section shall be deemed consent that items left in violation
of this subsection will be removed by the Code Enforcement Officer
of the Town of Ontario.
J.
No vendor shall dispose of any litter or trash generated from the
vending operation in public trash receptacles. Vendors shall store
such litter or trash during the day in a trash receptacle firmly attached
to the vending unit and carry the same with them at the end of the
day. Vendors shall also be responsible for keeping the immediate area
of their food cart free and clear of any litter, trash or spillage
from the unit.
K.
Any person desiring to operate a food truck or food trailer shall
obtain from the Town of Ontario Clerk and place on prominent display
during vending activities either an annual license obtained in accordance
this section obtained in accordance with this section and Section
319 of the New York State Fire Code including amendments thereto.
L.
The application for a license or temporary permit shall be on forms
provided by the Town of Ontario Clerk and shall include the following:
(1)
Name and address of each applicant and each corporate officer of
the food truck or food trailer vending corporation, or owner of an
unincorporated business. If the applicant is an individual, he or
she shall be designated as the vendor's operator, and the individual
applicant may also designate one or more additional operators during
or after the application process. If the applicant is not an individual,
it shall specify and provide the name, address, and telephone number
of at least one person who shall be the designated operator. A designated
operator shall be a person who is directly responsible for supervising
the operation of the food truck or food trailer. In the event that
a vendor's designated operator is no longer serving in that capacity
and the vendor has no additional designated operator to serve in that
capacity, the vendor shall promptly (and no later than the latter
within five business days after the individual operator has ceased
service or at least three business days prior to the next date at
which the licensee operates the food truck or food trailer) notify
the Town of Ontario Clerk.
(2)
A valid copy of all necessary licenses, permits or certificates required
by the New York State Health Department, Geneva office, including
but not limited to, a valid New York State Department of Motor Vehicles
registration, vehicle insurance, and valid driver's licenses
of all vehicle drivers.
(3)
A description, including, where applicable, the length, make, model,
production year, and VIN number of each food truck or food trailer
that the applicant will use. Each truck to be used will require inspection.
An inspection shall be required for each additional truck or trailer
from which the applicant proposes to vend.
M.
All license and temporary permit applicants and applicants for renewals
thereof shall present each vehicle to the Town of Ontario Fire Marshall
to determine that the vehicle meets all applicable New York State
Fire Codes and rules and regulations required by the Fire Marshal.
The Fire Marshal is hereby authorized to promulgate such additional
rules and regulations as may be necessary to assure the fire safety
of vending units.
N.
License and temporary permit applicants must have a current permit
from the New York State Department of Health, Geneva office and must
comply with all laws, rules and regulations of said Department.
O.
Before any license or permit authorized herein shall be issued, the
applicant shall file with the Town of Ontario proof of insurance,
issued by an insurance company licensed to do business in the State
of New York and approved by the Director of Finance as to form, which
insurance must be kept continuously in force during the term of the
license or permit. At the time of application, applicants shall provide
proof of insurance that extends for the entire license period. The
insurance shall be not less than $1,000,000 comprehensive/general
liability insurance. Such insurance shall not expire, nor be canceled,
altered, or amended, except on 10 days written notice to the Town
of Ontario Code Enforcement Officer served personally or by certified
mail. Municipal operations, employees and property shall not be excluded
from coverage. The insurance must add the Town of Ontario as an additional
named insured party for the dates for which the permit is issued.
P.
Every food truck or food trailer vending license or permit shall
contain the following conditions:
(1)
Each food truck or food trailer vending license shall expire on December
31 in the same calendar year as the date of issuance. License fees
shall not be prorated.
(2)
The license or permit shall not be transferable from person to person
without the written approval of the Town of Ontario Clerk.
(3)
The license or permit is valid for each food truck or food trailer
listed on the license. Each truck/trailer requires an inspection,
permit, and license.
Q.
There shall be issued to each vendor a suitable tag that shall be
prominently displayed.
A.
Application. All applicants for food truck and food trailer licenses
or permits shall pay an application fee for a one-day permit or an
annual permit. Permit fees are determined in accordance with the fees
in the fee schedule established in accordance by resolution of the
Town Board.
B.
The County of Wayne shall establish requirements for food trucks
and food trailers in parks regulated by the county.
