This chapter shall be known as the "Tobyhanna Township Food Truck Ordinance."
[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna 12-15-2025 by Ord. No. 581. Amendments noted where applicable.]
The provisions of this chapter shall apply to food trucks engaged in the business of cooking, preparing and/or distributing food or beverages in public spaces.
For purposes of this chapter, the following word, term and/or phrase has the meaning indicated herein:
Any mobile vehicle, motorized or otherwise, serving food or beverages.
A commercial vehicle from which ice cream is sold, typically at the roadside, operating in any given location for typically not more than 30 minutes at a time.
A mobile food establishment where food or beverage is cooked and/or prepared and served for individual portion service, such as a mobile food kitchen. The term shall include but is not limited to trucks and trailer hitch units used for food services.
A vehicle from which preassembled edible food products that have been prepared or assembled elsewhere, operating in any given location for typically not more than 30 minutes at a time. This definition includes "roach coaches" and "lunch truck."
It shall be unlawful for any person to maintain or operate a food truck in Tobyhanna Township without first applying for and securing a permit 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 Tobyhanna Township shall make an application (the applicant) in writing to the Township. Such application shall be accompanied by an application fee, as set by resolution of the Board of Supervisors.
B.
The following permits are available for different types of food trucks and different fees as established by resolution:
(1)
Seasonal mobile food truck permit. For ice cream trucks and other seasonal type food trucks where operations are not stationery and locations change typically every 30 minutes.
(2)
Seasonal stationary food truck permit. For mobile food service vehicles and other food trucks where operations are limited to one location for an entire season.
(3)
Annual food truck permit. For traveling lunch mobile or other food trucks operating year-round where operations are not stationery and locations change typically every 30 minutes.
C.
Such applications shall be made 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;
(2)
Contact information, including phone number and e-mail address;
(3)
Food truck information, including business license number, all state and county permits, food truck and travel trailer 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)
An agreement of indemnity prepared by the Township and a certificate of general liability insurance listing the Township as a certificate holder; and
(6)
All such information as may be required by the Township.
D.
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 Tobyhanna Township. There shall be no proration of fees under this subsection.
A.
All food trucks (when applicable):
(1)
Must keep their Mobile Health and Business License as well as any applicable state, county and local licenses/permits in sight of customers.
(2)
Must maintain proper waste disposal and recycling according to Township Ordinance.
(3)
Must be done on the vehicle(s). All equipment, food storage and preparation must be done on the vehicle(s). It is not permitted to remove food items from the vehicle to sell from a table under a free-standing canopy.
(4)
Must not operate until all approvals are obtained through the Tobyhanna Township.
B.
All mobile food service vehicles (seasonal stationary food truck permits holders):
(1)
May not operate in a residential neighborhood.
(2)
May not set up signs, chairs, tables, and other items that block the pedestrian right of way.
(3)
Must remain 50 feet from other food vendors.
(4)
Must remain 50 feet from an operating restaurant.
(5)
Must have approved location by Tobyhanna Township.
C.
All motorized vendors (all vendors whether a permit is required or not):
(1)
May not park in residential neighborhoods overnight unless storing the vehicle on personal property.
(2)
May not park in Township parks and other Township controlled properties without prior authorization from the Township.
(3)
May not park within 100 yards of a school.
(4)
Must remain 50 feet from an operating restaurant.
(5)
A 12-foot driving lane must always be maintained.
(6)
Motorized Vendors are prohibited from locations:
(a)
Within 100 feet of any property used for school purposes during school hours.
(b)
On a publicly owned parking lot.
(c)
On any sidewalk less than six feet in width; a four-foot walking surface is always required.
(d)
Within 15 feet of any bus stop zone.
(e)
Within 15 feet of a pedestrian crosswalk or intersection.
(f)
Within 15 feet of a handicapped parking space.
D.
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.
E.
Food trucks may not stay parked on the street/permitted vending location overnight and must be removed from the street/permitted vending location every night.
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 site at all times during operation.
I.
No tanks, generators or other equipment shall be placed within the public right-of-way.
J.
Temporary signs used as part of the food truck vending operation shall comply with § 155-36, Temporary signs and standards, and shall not block any sidewalks or impede any vehicular, biking or pedestrian traffic or paths. Temporary signs used during the daily operation of the food truck shall be removed each day when the food truck is removed. No permanent signs not physically attached to the vehicle will be allowed.
K.
A food truck vending operation is subject to any and all applicable Second Class Township Code requirements or other relevant state, county, and township ordinances, resolutions, or requirements.
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.
A.
The owner of the mobile food service vehicle shall well and truly save, indemnify, defend, and hold harmless Tobyhanna 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 with a minimum amount of $1,000,000 per occurrence. All insurance policies shall be issued by companies qualified to do business in the Commonwealth of Pennsylvania. All policies shall name the Township as certificate holder.
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.
D.
A food truck owner must indemnify and hold harmless Tobyhanna Township and any agents acting on behalf of the Township.
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.