ORDINANCE NO. IT IS HEREBY ENACTED AND ORDAINED by the Borough Council of the Borough

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1 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF CARLISLE ADOPTED BY ORDINANCE 2032 AND THEREAFTER AMENDED WITH RESPECT TO CHAPTER 255, ZONING, TO PROVIDE FOR MOBILE FOOD VENDORS IN THE I-1 GENERAL INDUSTRIAL ZONING DISTRICT. IT IS HEREBY ENACTED AND ORDAINED by the Borough Council of the Borough of Carlisle, Cumberland County, Pennsylvania, as follows SECTION 1: The definitions of the terms "Mobile Food Vendor", Mobile Vending Unit, "Street Vending Unit (Food Truck) and Sidewalk Vending Unit (Pushcart) are hereby inserted in Section [Definitions] of Article II [Definitions and Interpretation] of Chapter 255 [Zoning] of the Code of the Borough of Carlisle in appropriate alphabetical order as follows: Mobile Food Vendor A vehicle mounted food service establishment designed to be readily moved. Mobile Vending Unit Either a street vending unit or a sidewalk vending unit. Street Vending Unit (Food Truck) A mobile food vendor business in which food that is prepared and made ready for consumption at the point of sale is sold from or out of a motor vehicle that does not exceed eight feet in width or twenty five feet in length and that is removed each day from the location where the food is sold. Sidewalk Vending Unit (Pushcart) A mobile food vendor business in which food that is prepared elsewhere and ready for consumption at the point of sale is sold from or out of a non motorized mobile piece of equipment or non-motorized vehicle that is removed each day from the location where the food is sold. SECTION 2: Paragraph B of Section [Uses Permitted by right] of Article XIV [I-1 General Industrial District] of Chapter 255 [Zoning] is hereby amended to include the following additional use permitted by right: (27) Mobile food vending, subject to the requirements of Section A(54). SECTION 3: Section [Additional standards for specific permitted uses, conditional uses and special exception uses] of Article XXIV [Additional Requirements for Specific Uses] of

2 Chapter 255 [Zoning] of the Code of the Borough of Carlisle is hereby amended to include the following new provisions under Section A: (54) Mobile Food Vending. (a) Purpose and intent. Carlisle Borough recognizes that the diversity of prepared food options can be enhanced by permitting mobile food vendors to serve prepared food within the Borough limits in the I-1 General Industrial zoning district. The Borough further recognizes that mobile food vendors have the same responsibilities to their customers and the community as do food service establishments with fixed locations and should be required to abide by the local permitting process. The requirements of this section apply to mobile food vendors who return to the same location or service area daily or on a set schedule within the Borough of Carlisle. (b) Requirements for Mobile Food Vendors within the I-1 zoning district in the Borough of Carlisle. [1] Vendors must have a current permit from the Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services. [2] Vendors may operate only on private property with written permission from the property owners. The parcel must be zoned I-1 General Industrial. [3] Vendors may operate only during daylight hours between 8 AM and 8 PM. [4] Mobile vending units shall be located at least 10 feet away from the nearest building, provided that a mobile vending unit may be located closer than ten feet to a building if the location has been approved in advance by the Borough Fire Chief. Mobile Vending Units shall be located a minimum distance of 15 feet in all directions of a fire hydrant. [5] Vendors shall only serve walk up customers, not customers in a motor vehicle. [6] Vendors shall not broadcast music or loud advertisements. [7] Vendors shall not provide customer seating. [8] No signage is allowed except signage affixed to the mobile vending unit identifying the vendors and menu/price information. [9] Vendor must display the Food Vendor and Department of Agriculture permits in a prominent location on the unit. [10] Only one mobile vending unit may locate on any parcel at one time. [11] Vendors must provide for adequate waste collection from their customers and remove waste from the site daily without using public waste receptacles. [12] Vendors must operate in a safe, sanitary, and non offensive manner. Complaints of unsafe conditions, excessive waste or noise (from patrons or machinery), or other disruptive conditions to neighboring owners or occupants will be investigated and may be the cause for revoked permits or denied permit renewal. 2

3 [13] The mobile food vendor operator or his/her designee must be present at all times except in cases of an emergency. [14] No liquid waste or grease is to be disposed in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances shall grease be released or disposed of in the Borough s sanitary sewer system. (c) Permit Requirements. Mobile Food Vendors must obtain a yearly permit to operate within the I-1 district in the Borough of Carlisle. The following information shall be provided with each application for a mobile food vendor permit: [1] Name of Mobile Food Vendor [2] Make, model, and license plate number of vending unit [3] Owner s contact information [4] Operator s contact information [5] Type of vendor (street vending unit or sidewalk vending unit) [6] Copy of approved permit from the Pennsylvania Department of Agriculture [7] List of operating locations and times (calendar) [8] Signatures from property owners indicating consent for the use of their property [9] Signature by applicant indicating agreement to the listed requirements for operation of a mobile food vendor business in the I-1 district [10] Proof of valid insurance policy that provides minimum liability coverage of $1,000,000 with the Borough named as additional insured. (d) Investigation of applicants; granting of authorization. [1] Upon receipt of an application for a permit, the Chief of Police or his or her delegate shall cause such investigation of the applicant, the applicant's business or organization and good moral character to be made as he or she deems necessary for the protection of the public welfare. [2] If, as a result of such investigation, the applicant, applicant's business or organization or good moral character is found to be unsatisfactory, the Chief of Police or his or her delegate shall endorse on such application his or her disapproval and the reasons for the same and transmit the application to the Zoning Department. [3] If, as a result of such investigation, the applicant, business or organization and good moral character of the applicant are found to be satisfactory, the Chief of Police or his or her delegate shall endorse on the application his or her approval and transmit the application to the Zoning Department. [4] Mobile food vendor permits shall be issued by the Zoning Officer. No permit shall be issued until such investigation is complete, but in no event shall authorization be granted sooner than three full business days from the date of receipt of the application by the Carlisle Police Department. (e) Appeals. 3

4 Any person aggrieved by the action of the Zoning Officer in denying a permit application or in the decision with reference to the revocation of authorization shall have the right of appeal to the Zoning Hearing Board. Such appeal shall be taken by filing an application with the Zoning Officer, within seven days after notice. (f) Permit Review. Permit requests shall be submitted to the zoning officer for review and approval. (g) Special or Multiple Vendor Events. This Section A(54) and its requirements, rights, and privileges shall not apply in any respect to mobile food vendors at events regulated and permitted under Chapter 237-9B (exceptions to fixed locations) of the Borough ordinance. (h) Permit Fees. The Borough Council may by Resolution establish, and from time to time amend, a fee amount for a Mobile Food Vendor Permit. (i) Maximum Number of Permits. No more than ten (10) active mobile food vendor permits shall be allowed at any given time. Permits shall be issued to qualified applicants on a first come, first served basis. The Borough may refuse a permit if the Borough determines that issuing the permit will negatively impact traffic flow, or will otherwise be detrimental to the general public health and safety, or if the number of issued Mobile Food Vendor Permits is already exhausted. Mobile Food Vendors will be encouraged to adjust the locations or times of their proposed sales to accommodate the Borough s ability to ensure public health and safety. The Borough may refuse a permit to anyone seeking a Mobile Food Vendor Permit if the entity has a poor record of conformance with permit requirements. No permit shall be issued until the permit fee established by the schedule of fees has been paid in full. (j) Violations and Remedies. Violations of Section A(54) shall result in enforcement remedies as specified in Section SECTION 4: In the event any provision added by this Ordinance to Chapter 255 has been numbered, lettered or otherwise designated out of sequence based upon the existing content of Chapter 255, same shall be correctly numbered, lettered or designated upon discovery of same. 4

5 SECTION 5: In all other respects, Chapter 255 [Zoning] of the Code of the Borough of Carlisle shall remain as previously enacted and amended, which Chapter, as amended, is hereby reenacted in its entirety. SECTION 6: All other ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 7. The provisions of this Ordinance shall be severable. If any of its provisions shall be held to be unconstitutional, illegal or otherwise invalid, that decision shall not affect the remaining provisions of the Ordinance or any other provision, section, article or chapter of the Code of the Borough of Carlisle. SECTION 8. This Ordinance shall become effective in accordance with applicable law. ENACTED AND ORDAINED this day of June, ATTEST: BOROUGH OF CARLISLE Joyce E. Stone, Secretary Perry P. Heath, President APPROVED this day of June, Timothy A. Scott, Mayor 5