2024-43
AN ORDINANCE AMENDING ORDINANCE 2018-63 ADOPTED JANUARY 14, 2019, AND CHAPTER 872 OF THE VERMILION CODIFIED ORDINANCES OF THE CITY OF VERMILION, OHIO, ENTITLED “MOBILE FOOD SERVICES” AND DECLARING AN EMERGENCY.
WHEREAS, in recent years, there has been an increase in the number of food truck and other mobile service operators seeking to operate in the city; and
WHEREAS, this Council believes amending Chapter 872, “Mobile Food Services” of the Codified Ordinances of the City of Vermilion, promotes the public health, safety and welfare of the city and its residents.
NOW, THEREFORE BE IT ORDAINED by the Council of the City of Vermilion, Counties of Erie and Lorain, State of Ohio:
SECTION 1: That Ordinance 2018-63 adopted January 14, 2019, and Chapter 872 of the Vermilion Codified Ordinances of the City of Vermilion, Ohio, entitled “Mobile Food Units” is hereby amended to read henceforth as follows:
“CHAPTER 872
Mobile Food Services
872.01 DEFINITIONS
As used in this chapter:
- “Mobile Food Unit” shall mean any apparatus or equipment that is used to cook, prepare, or serve food, and that routinely changes or can change location and is operated from a moveable vehicle or apparatus, including but not limited to motorized vehicles, trailers, and hand propelled carts.
872.02 PERMIT REQUIRED.
No person or entity shall operate a Mobile Food Unit within the City of Vermilion without a permit issued by the city. A permit is required for every Mobile Food Unit.
872.03 APPLICATION.
(a) Whoever desires a permit to operate a Mobile Food Unit shall make a written application for a permit at the City of Vermilion Building Department on forms provided by the City of Vermilion. Information and documents submitted as part of the application shall include the following:
(1) A complete and accurate permit application that includes the name of the business entity, including any “dba” business name if different from the corporate name, and the names of its owner or owners, the mailing address of the business, and the telephone number, including any mobile telephone number, of the owner or owners.
(2) Proof of obtaining a city income tax filing number or exemption from the City of Vermilion Tax Administrator.
(3) Current (color) pictures of the Mobile Food Unit that the operator plans to use if approved for a permit.
(4) The Mobile Food Unit’s or dimensions and structural materials to ensure it meets code requirements.
(5) The location(s) where the Mobile Food Unit’s or plans to operate or anticipates operating its business.
(6) Certification that the Mobile Food Unit has passed all necessary inspections required by the Erie County Board of Health or any other board of health in the State of Ohio.
(7) The make, model, year and current registered permit number of the Mobile Food Unit.
(8) Vehicle or Trailer registration from the Ohio Bureau of Motor Vehicles.
(9) Certification from the City of Vermilion Fire Department confirming that the Mobile Food Unit complies with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes.
(10) Proof of general commercial liability insurance in an amount not less than one million dollars ($1,000,000) for all Mobile Food Units, which shall also insure, indemnify, and hold harmless the City from any and all judgments, costs, or expenses which the City may incur or suffer as a result of the issuance of a permit to, and the activities of, the Mobile Food Unit.
872.04 PERMIT ISSUANCE, FEE, TERM
(a) The Building Department may issue the permit required by this Chapter to applicants who:
(1) Submit a completed application with all the information required under this Chapter;
(2) Are in compliance with all applicable requirements under the Chapter and have obtained any permits, licenses, or prior approvals required by any governmental unit or agency, including the Erie County Board of Health or any other Board of Health in the State of Ohio.
(3) Pay a permit fee of Seventy-Five Dollars ($75.00) for each Mobile Food Unit, allowing unlimited events or uses from the date of issuance until March 15 of each calendar year. Alternatively, a one-time permit is available for Twenty-Five Dollars ($25.00), valid for a single event or use. Permit fees may be waived for certain events, including festivals, City-sponsored events, fairs, or fundraisers, if the event is open to the public and held on public property, including property owned by the Vermilion Local School District.
(4) Permits issued under this Chapter shall be valid from the date of issuance until March 15 of the following calendar year.
(5) Each permittee shall provide the Building Department with any change of address within five (5) business days of the change of address taking place.
(6) The mayor shall be vested with the power to waive fees.
(b) Permits issued under this Chapter are non-transferable.
872.05 PERMIT REFUSAL
(a) The Building Department may refuse to issue permits required under this Chapter if any of the following apply:
(1) The applicant has made a false statement as to any matter in the application submitted under this Chapter;
(2) The applicant has violated any provision of this Chapter within the last three (3) years;
(3) The applicant is under eighteen (18) years of age;
(4) The applicant has not complied with all applicable regulations of the City or of any other political subdivision, governmental unit, or agency regarding the issuance of a permit or license for mobile food vending; or
(b) Rejected applicants may file an appeal under Section 872.07 of this Chapter.
872.06 PERMIT SUSPENSION, REVOCATION
(a) The Building Department may revoke or suspend a license issued under this Chapter if, after a hearing, it is determined that:
(1) The permit holder misrepresented any statement on the application for a license to operate the food truck;
(2) The permit holder violated the provisions under this Chapter, including the regulations set forth in Section 872.08;
(3) For any reasons that could have been grounds for refusing to issue the original permit, regardless of when such information is discovered or revealed.
(4) The permit holder misrepresented or otherwise made false statements in his or her affidavit.
872.07 APPEALS, HEARINGS
Any decision to deny or revoke a permit under this Chapter by the Building Department may be appealed to the mayor. Notice of such appeal shall be filed with the Building Department and the mayor within ten (10) business days after the denial or revocation by the Building Department. The Building Department shall transmit all papers constituting the record upon which the action appealed from was taken.
A hearing before the mayor shall be set within thirty (30) days from the date of denial or revocation of the permit by the Building Department, unless this date is extended by agreement of the parties. Notice of this hearing shall be given to all parties of interest.
872.08 REGULATIONS.
(a) Mobile Food Units may only be operated in locations zoned B-1, B-3, B-4, FP, I-1, and I-2, or on municipal property as defined in section (j).
(b) No Mobile Food Unit shall operate prior to 10:00 a.m. or after 10:00 p.m.
(c) All Mobile Food Unit shall offer a waste container for public use that the operator shall empty at his or her own expense and not into any City-owned waste container. No grease, oils, or liquid waste shall be disposed of on site.
(d) No Mobile Food Unit shall make or cause to be made any excessive noise, lighting, or other method of attracting the attention of the public.
(e) Mobile Food Unit shall not be permitted free-standing temporary signage except one menu board, with a maximum size of six (6) square feet, placed adjacent to the Mobile Food Unit.
(f) The City reserves the right to relocate a Mobile Food Unit to an alternate location, as determined by the Mayor or Chief of Police, if the approved location needs to be used for emergency purposes or other public benefit.
(g) The operation of the Mobile Food Unit shall always follow all applicable governmental rules and regulations, including but not limited to those of the Erie County Board of Health, the State of Ohio, and the City of Vermilion.
(h) The City of Vermilion Fire Department may inspect Mobile Food Units at any time to ensure compliance with all applicable federal, state, and local fire safety statutes, regulations, ordinances, and codes.
(i) A Mobile Food Unit may operate on residential property for no more than twenty-four (24) hours provided all the following additional requirements are met:
(1) The Mobile Food Unit is not selling to the public;
(2) The Mobile Food Unit is at least fifteen (15) feet from a fire
hydrant;
(3) The Mobile Food Unit is at least ten (10) feet from any utility box;
(4) The Mobile Food Unit shall comply with all zoning district yard
setback requirements.
(j) Mobile Food Units operating on municipal or commercial property within the City of Vermilion are required to adhere to the following specific regulations:
(1) Maintain a minimum distance of fifteen (15) feet from fire hydrants, ten (10) feet from utility boxes, and ten (10) feet from handicapped parking spaces.
(2) Mobile Food Units may only operate at the following municipal property from 10:00 AM until park closing:
(a) Victory Park,
(b) Sherod Park and
(c) Showse Park.
(d) South Street Municipal Public Boat Ramp
(3) Mobile Food Units may operate at the City Pool during normal business hours.
(4) Mobile Food Units may also operate in other areas of the city as approved by the Mayor or the Director of Parks and Recreation on a temporary basis not to exceed three consecutive days.
(5) Mobile Food Units are permitted to operate on property owned by the Vermilion Local School District, provided they adhere to the rules and operating hours established by the school district. The City recognizes that the school district reserves the right to set specific guidelines and timeframes for the operation of Mobile Food Units to ensure the safety and well-being of students and staff.
(6) Mobile Food Units may operate on church property for a maximum of two (2) consecutive days, irrespective of the zoned district.
(7) Mobile Food Units are prohibited from operating within any permitted special event area (e.g., Fish Festival or Woollybear Festival) without explicit approval from the event's organizing committee.
(k) Mobile Food Units shall not be left unattended for any reason or left
overnight on city owned property.
(l) Mobile Food Units must minimize noise and disturbance to
neighboring businesses or residents.
(m) Provide adequate access for customers to queue and purchase
items without obstructing sidewalks or roadways.
(n) Accessory equipment, such as coolers and storage crates, shall be
located within the Mobile Food Units permitted area and shall be kept in a neat and orderly fashion.
(o) Operators of a Mobile Food Unit shall not cause damage to private or public property.
874.99 PENALTY.
Whoever violates any provision of this Chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.”
SECTION 2: This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 3: This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City and for the further reason that it is immediately necessary to adopt regulations for Mobile Food Units before events using them are usually scheduled; wherefore, this Ordinance shall go into effect immediately upon its passage and shall be in full force and effect from and after the earliest period allowed by law.