13-027 ■
1 ORDINANCE NO. 13 -027
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
4 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND
5 DEVELOPMENT REGULATIONS BY AMENDING CHAPTER 1,
6 ARTICLE II; AMENDING CHAPTER 2, ARTICLE II;
7 AMENDING CHAPTER 3, ARTICLE V ALL REGARDING
8 MOBILE VENDING UNIT REGULATIONS; PROVIDING FOR
9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN
10 EFFECTIVE DATE.
11
12 WHEREAS, the City's MVU regulations apply broadly to all types of mobile
13 vendors, whether providing a service or selling merchandise or food; and
14 WHEREAS, staff is proposing to modify the Land Development Regulations
15 (LDR) to facilitate the inspection and licensing of MVU activity within the City and a
16 specific permit program to allow for the continuation of assembly type of events
17 consisting of greater than three (3) mobile vending units in specific zoning districts
18 throughout the City for both public and private events; and
19 WHEREAS, upon recommendation of staff, the City Commission of the City of
20 Boynton Beach deems it to be in the best interest of the citizens and residents of the City
21 to amend the Land Development Regulations to facilitate the inspection and licensing of
22 MVU activity within the City and a specific permit program to allow for the continuation
23 of assembly type of events consisting of greater than three (3) mobile vending units in
24 specific zoning districts throughout the City for both public and private events.
25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
26 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. The foregoing whereas clauses are true and correct and are now
28 ratified and confirmed by the City Commission.
29 Section 2. Chapter 1, Article II, Chapter 2, Article II and Chapter 3, Article V
30 of the Land Development Regulations, are hereby amended by adding the words and
31 figures in underlined type, as follows:
32
33 See Exhibit "A" attached hereto.
341
351�
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1 1
1 Section 3. Should any section or provision of this Ordinance or any portion
2 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall
2 not affect the remainder of this Ordinance.
Section 4. Authority is hereby given to codify this Ordinance.
5 Section 5. This Ordinance shall become effective immediately.
6 FIRST READING this 17 day of September, 2013.
oltd
SECOND, FINAL READING AND PASSAGE this I day of Oc,Tof'
8 2013.
9 CITY OF BOYNTON BEACH, FLORIDA
�
11
1 `(�` 17' t
13 ayor — J :'
gry Tay r
14 11 ;
1 Vice Mayor — Woodr .
1'
21 ,► \\ �_
2 om ' ssioner — David T. Merker
2.�
2 424 j
2'
2' • • mm — Mich . Fitzpatrick
2:
2
2: ►'4 II
2 • Cs' missioner — Joe Casello
31 ATTEST:
3
3.
3' . 't M. Prainito, MMC
3' Clerk
311
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3 G1T
3:
3•`,
41 w. ,
41 •o Seal) ;: 1
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Mobile Vendor Code Citations
Part III (LDR), Chapter 1, Article II
MOBILE VENDING UNIT (MVU) - Any movable cart, trailer, or other vehicle that is
operated from an established location, from which food, flowers, and other merchandise and
services, as well as non - alcoholic beverages are provided to the public with or without
charge; except, however, that the provisions of this ordinance shall not apply to mobile
caterers, or service providers, generally defined as a person engaged in the business
of transporting, in motor vehicles, food, beverages, or service equipment to residential,
business, and industrial establishments pursuant to prearranged schedules, and dispensing
from the vehicles the items or services at retail, for the convenience of the personnel of such
establishments. For the purposes of implementing and interpreting the mobile vendor
ordinance, the following definitions shall apply:
ADULTERATED - The condition of a food that bears or contains any poisonous or
deleterious substance or has been processed, prepared, packed or held under
unsanitary conditions, whereby it may have become contaminated with filth, in a
quantity which may render it injurious to health.
APPROVED MANNER - Method of dealing with waste, solid or liquid, which
comports with adequate sanitation methods as established by the Division of Hotels
and Restaurants of the Florida Department of Business and Professional Regulation.
APPROVED SOURCE — A licensed food processing establishment considered
satisfactory by the health director and serving food products which are clean,
wholesome, free from adulteration or misbranding and safe for human consumption.
1SSL\IBL\ .1 concentration o;'three (3) or more MVU's coordinated by a
single applicant intended to contribute to the \ttalit\ of publicly - accessible spaces
and community acti\ tt(es. F‘ nt of tlustpe are subject to City Commission
approval and ate tvicalk held a iecurring. temporan ev ents over a fixed period
of time.
COMMISSARY - A food processing establishment or food service establishment
approved by the Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation in which food, containers or supplies are kept,
handled, prepared, packaged or stored for transportation by mobile vendors.
CORROSION RESISTANT MATERIAL - A material which maintains its
original surface characteristics under prolonged influence of food, cleaning
compounds, bactericidal solutions and other conditions -of -use environment.
EASILY CLEANABLE - Surfaces are readily accessible and made of such material
and finish and so fabricated that residue may be effectively removed by normal
cleaning methods.
FOOD - Any raw, cooked or processed edible substance, ice, beverage or ingredient
used or intended for use or for sale in whole or in part for human consumption.
FOOD HANDLER - A person, certified by the Division of Hotels and Restaurants
of the Florida Department of Business and Professional Regulation, engaged in the
preparation, handling or vending of food.
FOOD VENDOR - Any person, group of persons, firm or corporation who
individually or by or through an agent or employer, offers for sale, sells, attempts to
sell, exposes for sale or gives away any food intended for human consumption from
any vehicle or by a person afoot.
LABEL — A display of any written, printed, or graphic matter upon the immediate
container, not including package liner, of any prepackaged article in accordance with
state law.
LIQUID WASTE - Fluid, resulting from wastes produced from food vending
operations, composed of solids, whether dissolved or in suspension; liquids, whether
in solution, in emulsion or in separate phases; and gases. The term shall also include
melted ice.
MERCHANDISE - Items of clothing, jewelry (including timepieces), photos,
artwork, housewares, flowers, plants, landscape materials, carpets, phones and
accessories, small appliances, medicines, personal care items, books and/or
magazines as well as audio or video recordings, tapes, discs or other media.
MISLABELED AND MISBRANDED - The presence of any written, printed or
graphic matter upon or accompanying any food or container of food which is false or
misleading and which is not presented in the English language as stipulated by the
Food and Drug Act, Title 21, Chapter 1- 101.15 or which violates any applicable
federal, state or local labeling requirements.
PERISHABLE FOOD - Food, including shelled eggs, of a type or in such condition
that it will become adulterated unless kept at a temperature which will maintain
product quality and wholesomeness.
PERMIT - _ A site specific license to operate a mobile vending unit which shall be
issued by the Planning and Zoning Division of the City's Department of
Development for a stated fee and shall be carried by a vendor or food handler at all
times while vending.
POTENTIALLY HAZARDOUS FOOD - Any food that consists in whole or in
part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or
other ingredients including synthetic ingredients, in a form capable of supporting
rapid and progressive growth of infectious or toxigenic microorganisms. The term
does not include clean, whole, uncracked, odor -free shell eggs or foods which have a
pH level of 4.5 or below or a water activity (AW) value of 0.85 or less.
PUBLIC WAYS - Include all portions of public streets, alleys, sidewalks, trails and
parking lots of the City of Boynton Beach and, in addition, shall include privately
owned streets, roads, alleys, sidewalks, trails, and parking lots that are provided for
public use or access.
SAFE TEMPERATURES - As applied to potentially hazardous food, shall mean
temperatures of forty -five (45) degrees Fahrenheit (seven (7) degrees Celsius) or
below, or one hundred forty (140) degrees Fahrenheit (sixty (60) degrees Celsius) or
above and zero degrees Fahrenheit (minus seventeen (17) degrees Celsius) or below
for frozen food storage.
SANITIZE - Effective bactericidal treatment of cleaned surfaces of equipment and
utensils by a process which has been approved by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Regulation as
being effective in destroying microorganisms including pathogens.
SERVICES - Personal services to include portraits, body art, and hair braiding; the
cleaning and detailing of vehicles including automobiles, trucks, vans, and
motorcycles; and repairing household goods, tools, and equipment.
SINGLE SERVICE ARTICLES - Cups, containers, lids, closures, plates, knives,
forks, spoons, stirrers, paddles, straws, napkins, wrapping materials, toothpicks and
similar articles intended for one -time, one - person use and then discarded.
STICKER — A decal issued by the Planning and Zoning Division of the City's
Department of Development that + — H+3r red and has the month and year of the
shall be displayed on the mobile vending unit.
UTENSIL - Any implement used in the storage, preparation, transportation or
serving of food.
VEHICLE - Every device in, upon, or by which any persons, food or other
commodity is or may be transported, pushed or drawn.
WHOLESOME - In sound condition, clean, free from adulteration and otherwise
suitable for use as human food.
Part III (LDR), Chapter 2, Article I, Section -2
Section 2. Types of Land Development Applications
A. Table 2 -1. Applications by City Departments.
Legend:
HRPB: Historic Resources Preservation Board
P &Z: Planning and Zoning Division
P &D: Planning and Development Board
CRA: Community Redevelopment Agency
CC: City Commission
REVIEWING PUBLIC
APPLICATION TYPE CODE AUTHORITY APPROVING HEARING
SECTION (STAFF) AUTHORITY REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES
Standard Applications
Art II, Director of
Annexation CC Yes
Section 2.A P &Z
Comprehensive Plan
Amendment
Art II,
Text City Initiated Only
Section 2.B.2
Future Land Use Map Art II, Director of
(FLUM) Section 2.B.3 P &Z CC Yes
Art II,
Conditional Use
Section 2.0 Director of
Conditional Use Time Art II,
P &Z CC Yes*
Extension Section 2.C.6
Art II,
Rezoning Section 2.D
Master Plan (New) Article II,
Section 2.D.6 CC Yes*
Director of
Master Plan
Article II, P &Z
Modification (Major)
Section
2.D.6.g
Article II,
Master Plan Section Director of No
Modification (Minor) P &Z
2.D.6 h
Art II, Director of Director of
Sign Program No
Section 2.E P &Z P &Z
Site Plan Review Art II,
Section 2 F
Site Plan Time Art II, Director of
Extension Section 2 F.6 P &Z CC Yes*
Site Plan Modification Art II,
(Major) Section 2 F 7
CODE REVIEWING APPROVING PUBLIC
APPLICATION TYPE SECTION AUTHORITY AUTHORITY HEARING
(STAFF) REQUIRED?
Site Plan Modification Director of
(Minor) P &Z No
Vacation and Art II, Director of
Abandonment Section 2.G P &Z CC Yes*
Planned Industrial Development (PID) Applications
Master Site Plan (New) Art II,
PID Zoning District Only Section 3.A
CC Yes
Master Site Plan Director of
Modification, Major P &Z
Art II
Master Site Plan Section 3.A.6 Director of
No
Modification, Minor P &Z
Technical Site Plan (New) Art II,
PID Zoning District Only Section 3.B
Technical Site Plan Director of Director of
Modification, Major P &Z P &Z No
Art II,
Technical Site Plan Section 3.B.6
Modification, Minor
APPLICATION TYPE CODE REVIEWING APPROVING s PUBLIC
SECTION AUTHORITY AUTHORITY HEARING
(STAFF) REQUIRED?
ARTICLE II. PLANNING AND ZONING DIVISION SERVICES continued
Waiver Art II, Director of CC Yes
Section 3.C. P &Z
Relief Applications
Administrative Art II, Director of Director of No
Adjustment Section 4 A P &Z P &Z
Community Design Art II, Director of
Appeal Section 4.B P &Z CC Yes
Art II, Director of
Height Exception CC Yes
Section 4.0 P &Z
CC Yes*
Variance to Land Art II, Director of
CODE REVIEWING APPROVING PUBLIC
APPLICATION TYPE SECTION AUTHORITY AUTHORITY HEARING
(STAFF) REQUIRED?
Development Regulations Section 4.D P &Z
Art II, Director of See Site Plan See Site Plan
Waiver Section 4.E P &Z Review Review
Permit Applications
Art II, Director of Director of
Sign Permit No
Section 5.A P &Z P &Z
Art II, Director of Director of
Zoning Permit No
P &Z P &Z
Section 5.B
Historic Preservation
Certificate of Art II Director of
Appropriateness P &Z HRPB Yes
Section 6.A.
Historic District or Art II ' Director of
Properties Designation P &Z CC Yes*
Section 6.B.
Historic Preservation
Art II, Director of
Property Tax Exemption CC Yes
Section 6.C. P &Z
Application
Other Applications
Art II Director of Director of
Certificate of Conformity No
Section 7.A P &Z P &Z
Art II, Director of Director of
Lot Line Modification No
Section 7.B P &Z P &Z
Art II, Director of P &BD rrect
Mobile Vendor Approval Section 7.0 P &Z i P& Z \.o
�
Art I irect°, of
Mobile Vendor Assembly ;"t 1 t �/ (C 1"
Modification to Art II, Director of
Development Order Section 7.D P &Z CC Yes
Sidewalk Cafe Approval Art II Director of CC No
Section 7.E P &Z
REVIEWING PUBLIC
APPLICATION TYPE CODE AUTHORITY APPROVING HEARING
SECTION (STAFF) AUTHORITY REQUIRED?
Zoning Verification Art II, Director of Director of No
Letter Section 7.G P &Z P &Z
ARTICLE III. ENGINEERING DIVISION SERVICES
Art III,
Preliminary Plat City Engineer City Engineer No
Section 2.B
Art III,
Final Plat Section 2.0 City Engineer CC Yes
Part III (LDR), Chapter 2, Article II, Section -7.C.
C. Mobile Vendor Approval.
1. General.
a. Purpose and Intent. The purpose and intent of this subsection is to
set forth well- defined application processes, review criteria, and information
to guide in the processing and review of mobile vending units (MVU)
submittals.
b. Applicability. This subsection is applicable to any MVU proposed en
private propert\ of ithin public rid . - .-- • Within the Citv in
accordance with Chapter 3, Article V, Section 10. It shall be unlawful for
anyone to operate an MVU in the City without first obtaining the
necessary approvals as contained herein.
2. Submittal Requirements. See Section 1.D above for the submittal
requirements of this application. Because of minimum separation requirements
between each MVU, in those instances when more than one (1) application has been
submitted for the same location, the earliest application shall be processed and
forwarded to either the Planning and Development Board or the Community
Redevelopment Agency, whichever is applicable.
3. Review Criteria. The MVU shall comply with the regulations and
requirements of Chapter 3, Article V, Section 10. Site constraints and site plan
functionality shall be satisfactorily addressed to justify the request.
4. Approval Process. Staff shall review the proposed location and des-4i
dimensions of each MVU to ensure compliance with the review criteria contained
herein, and provide a recommendation. I f t h e a p p l i c a t i o n _ Is for an
Os s e m b l \_, t The application is forwarded to the etther the Planning and
Dc\ elopment —Beard or Comm- R- de\ elopme-n- t— . v`enct. 'ti hichcv r is
app- Itcablc 1 ht-± p et�� c I3ea+�l ��al! male a recommendation to the -City
Commission, c- nd --;h,' - \ 11C ho shall take the following action: 1)
approve; 2) approve with conditions; 3) table or defer their decision to a subsequent
meeting in order to collect additional information or conduct further analyses; or 4)
deny the request for an assemb�� of MVU s. Once an tndtu tdual 01 assembly
MVU application is approved- the- L- t�-Commission, a permit fee shall be paid
by the applicant, and Business Tax Receipt or Certificate of t. se received, prior to
the operation of the MVU.
5. Expiration. Each approval for an MVU shall be effective for one (1) year,
from October 1 until September 30, subject to annual renewal. Assembly permits
are issued on a quarter!\ basis.quhLect to Cit\ Commission conditions
6. Fees. The annual renewal fees for an MVU shall be paid to the Business
Tax Division in accordance with the fee schedule as adopted by the City.
. \ssembly permits ale paid per quatict. subject to City Commission conditions
7. Suspension. Approval of an MVU of . sszmb1' permit maybe temporarily
suspended by the City under the following circumstances: 1) when necessary to
clear sidewalk areas for a "community or special event" authorized by the City; 2)
when street, sidewalk, or utility repairs necessitate such action; or 3) when the City
may cause the immediate removal or relocation of all or parts of the MVU or
assembly in emergency situations.
8. Denial or Revocation. The Butldinu Boards of Adjustment and
Appeal, for Business Tax Receipt and Certificate of Use, or the City Commission,
for Assembly permits. shall have the power and authority to deny or revoke the
issuance or renewal of any application for MVU or Assembly under the
provisions of these regulations. In such instances, the applicant shall be notified in
writing by certified mail of the denial of an application or the suspension or
revocation of an existing approval, and the grounds thereof. Upon such notification,
the operation shall cease and desist until final action or outcome of the Board_o_r
Cit\ Comission. An application approved under these regulations may be
recommended for suspension or revocation by staff, based on one (1) or more of the
following:
a. Florida Department of Business and Professional Regulation.
Cancellation of the Vendor's permit issued by the Division of Hotels
and Restaurants of the Florida Department of Business and Professional
Regulation.
b. Expiration. Expiration, suspension, revocation or cancellation of
any other business tax receipt. Certificate of Use or permit required by the
vendor.
c. Fraud. The permit was procured by fraud or false
representation of fact.
d. Consent. The abutting property owner or tenant withdraws
consent, in writing, for the mobile vending unit.
e. Violations. Violations of this or any other ordinance, the City's
municipal code, condi,tons of permit. or when conditions exist that
present a threat to the public health, safety, or welfare.
f. Miscellaneous. If determined to be noncompliant with the
review criteria contained herein or otherwise inconsistent with the original
approval, or changing conditions warrant the removal of the unit from the
public side NN a1L - riLiht of
9. Appeal. Applicants who have been denied a request for an MVU or
assembly permit or who have had their approval revoked may formally appeal
such denial or revocation to the City Commission in accordance with Chapter 1,
Article VIII.
Part III (LDR), Chapter 3, Article V, Section 10.
Section 10. Mobile Vendor Regulations.
A. Purpose and Intent. The purpose of this section is to provide for the
regulation of mobile vending activities. including Assembly. on public and private
property, in certain commercial and mixed -use zoning districts of the City in order to
promote the public interest by contributing to an active and attractive pedestrian
environment. In recognition thereof, reasonable regulation of mobile vending is
necessary to protect the public health, safety, and welfare and the interests of the
City in the primary use of public streets, sidewalks, and parking areas, for use by
vehicular and pedestrian traffic.
B. Definitions. See Chapter 1, Article II for specific definitions applicable to
Mobile Vending Units (MVU).
C. Approval Required. It shall be unlawful for any establishment or
organization to engage in or carry on the business of vending food, goods, or
services, upon private property or the public ways of the City without first having
secured a permit or permits as required by this section. See Chapter 2, Article II,
Section 67.0 for the process and procedure to obtain approval for an MVU.
It is not the intent of these regulations to be applied to mobile vendors temporarily
approved in conjunction with a special sales event. See Section 6 above for
additional regulations regarding Special Sales Events.
D. Districts. The operating area of an MVU shall be entirely located in the
following zoning districts: C -2, C -3, C -4, CBD, PCD, SMU, MU -L1, MU -L2, MU-
L3, a MU -H,- M -1; . P1, - - •,- -,and P11)
E. Compatibility. - —\ 1 V t —shall be compatible in materials and color
NN, lth the surrounding cm iromnent The use of an MVU shall be compatible with the
public interest. In making such a determination, staff shall consider the type and
intensity of use, the width of the sidewalk, the u idth and tvpe of right -of -« ay.
location of fire lanes.flrc h\ chants: distance from intersections and major
dri\ e\\, s; the proximity and location of existing street furniture, including but
not limited to traffic control devices, signposts, lampposts, parking meters,
benches, phone kiosks. mailboxes. fire hydrants, landscaping, trees, buffer yards,
public art and refuse containers, as well as the presence of truck loading zones.
Staff shall also consider established and emerging pedestrian and vehicular traffic
patterns, as well as other factors it deems relevant in determining whether or not the
proposed use would diminish required parking or result in congestion of the public
and private ways, on -site traffic circulation patterns, or the creation of a safety
hazard.
F. Location Criteria. An MVU shall be li n.tcd -t-o o nc 4- 1- +;„,sinned location
and must be s;.1#=containe2dperinitted to operate throughout me 0it\ in approved
zoning disci icts once a Business_ fax Receipt or Certificate of t. se has been issued;
utility service connections are no -on1\ permitted once an appro\ ed Building permit
has been issued. In addition, an MVU must comply with the following location
criteria, whichever is applicable:
1. Public Property and Rights -of -Way. An MVU, located on
public property or within a right -of -way, shall comply with the following
requirements:
a. Maximum Area. An MVU shall not occupy an operating
area of more than 7-2- 310 square feet of space, including the unit,
operator, trash receptacle, signage, merchandise, and covering, if
applicable. per one -half (0 5) acre site. A single entity may request
approval for more than one (1) MVU with _ . .. ..
operating area per ev ery one -halt (0 5) acre of site.
b. Maximum Dimensions. An MVU shall not exceed ten
(_10) feet in \Aidth b tent\ -fire (25) feet in lenghtl
one half (4 Y_) Bret in \\ kith b} : ' ..
hitch or fixed trailer components. In addition, the MVU must have
a minimum --c4f- two (2) functional, fully inflated wheels. and
positive Vt heel locking devices.
c. Maximum Height. The maximum height of an MVU,
including any covering, such as its canopy, umbrella, and / or
transparent enclosure, shall not exceed Sev (7) fifteen (15) feet
excluding venting equipment. -
d. Sidewalks. An MVU vendor located on a public sidewalk
shall not:
(1) Vend at any location where the sidewalk is less than
10 feet in width;
(2) Vend within 20 feet of an entrance to any building,
bus stop sign, driveway, stop sign, or cross walk of any
intersection; and
(3) Obstruct the view of any directional sign, traffic
control sign, or device.
2. Private Property. An MVU is allowed on private property,
provided that it complies with the following regulations
a. cces .+ A nk.w or ! cnev i Ts -allowed a
an -act i +st --;t- fat {?u1 . - • , - -
located- w tthi it bui1Jint.; and posses -s -a- s al id Business Tax
tcce i- N alb'+ shall b`-al-1 cd on-a \ acaat- Iot -- leased parcei-
ba.. Class "A" MVU. An MVU is considered "Class `A ' if
it is less than seven (7) feet in height, including its canopy, umbrella,
and / or transparent enclosure and if the operating area is 72 square
feet or less, including the unit, operator, and trash receptacle. This
class includes carts and small trailers
A Class -- ' = MV-1 is allowed on hard surfaces only. and if placed
within \A alkw aNs. shall not obstruct - -: -: •. - ... ---
or cause noncompliance with ADA accessible route requirem>>i nts.A
-- • - : - --pass-ate of four (4) feet must he maintained for
pedestrian travel at all times
A Class "A" MVU may be placed within off - street parking spaces but
shall be restricted to excess parking spaces only. It shall not obstruct
or impede critical vehicular use movements or otherwise create a
hazard.
eb. Class "B" MVU. An MVU is considered "Class `B "' if
it is either greater than seven (7) feet in height or in excess of 72
square feet in operating area, or both. - I his class includes carts.
trailers and \ chides in excess of the size limitations of a Class - A"
MVt
A Class "B *" shall meet the building setbacks of the zoning
district for which is located. along with the oth- . .
required for a Class - A - MU
A Class "B" ;v1\ 1_ shall he allowed on all sites greater than one -half
tU
5) acre in size No more than one (1) MVU per one -half (0.5)
acre shall be permitted
ABoth Class 1.. and B 1\1\1. +pare allowed on bard
surfaccstmpro\ cd pi opert\ onl\ . and if placed within w alk‘N a_} s or
right -of -v aN ss, snail not obstruct or impede pedestrian movement or
cause noncompliance with \D a accessible route requirements. A
minimum_ clear passage of four (4) -feet must be maintained for
pedestrian tra■e; at all times
G. Removal. Each MVU shall be removed daily. An MVU shall not remain
on any public or private property, or within any rights -of -way between the hours of
midnight and 6:00 AM.
H. Maintenance. The mobile vending unit, including any canopies,
umbrellas, or transparent enclosures, must be clean, and well maintained. The
vending site itself must also be clean and orderly at all times, and the vendor must
provide a refuse container for use by his patrons. The container shall be removed
after the unit has departed for the day. Vendor wastes of any kind shall not be
deposited or permitted to be deposited upon the ground, sidewalk, streets, city waste
receptacles, or private dumpsters.
I. Separation.
1. Between Units. An MVU shall not be placed within 100 feet
from another MVU of a different vendor for which a permit had been
granted unless requested as a condition of permit. No approval shall be
issued for- a e - 't -4hat :
requirement
2. From Selected Land Uses.
a. An MVU shall not be placed within 300 200 feet from
the property line of any pu-lie- or --pri\ ate DAY-GAR-h. any type of
School. pia} grouw L single- family residential zoning district.
b. An MVU shall not be placed within 150 feet from
the property line of any establishment that sells or provides similar
foods, merchandise, or services as that of the MVU v ithout the
prior wiitten consent of the similar establishment.
e. 1n IV1Vt' sha4-1-not be placed within 300 feet of the property
line of am church. - - - . - . .
worship.
J. Display.
1. Display of Permit and License. All vendors must display the
permit issued by the City in a prominent and visible manner. In addition, an
MVU capable of operating within public rights -of -way shall display a current
Florida Department of Highway Safety & Motor Vehicles (DHSMV) license
plate.
2. Display of Merchandise. A4-1-inerchandisc must be displayed en
the—M--VU- No merchandise shall be displayed using street structures
(planters, trees, trash containers, signposts, etc.) or placed upon the sidewalk
or ri ht- of- «,aN._ Merchandise maN be displayed outside the MVU on
private piopert\ wiith the \ \ ritten permission of the Property Owner
provided that it does not intrude upon the accessible area around the unit.
or other\. \ire inrede parking or access to structures within the site
K. Emergencies. Vendors shall obey any lawful order from a police or
fire department official during an emergency or to avoid congestion or obstruction of
the sidewalk.
L. Prohibitions.
1. Solicitations. An MVU approved and located within a right -of -way
shall not solicit or conduct business with persons in motor vehicles.
2. Advertisements. Vendors shall not make loud noises, use
mechanical audio, noise - making devices, moving objects, or lighting systems
to advertise his or her product.
3. Unattended. No MVU shall be left unattended.
4. Miscellaneous.
a. Vendors shall not hinder or impede the use of any phone
kiosk, mailbox, parking meter, fire alarm, fire hydrant, or traffic
control device.
b. No tables, chairs, or umbrellas are to be set up for use by
customers, with the exception for those located on private properties
and utilized in connection with a Class `B" MVU.
c. N-o-f freestanding signs, flags, banners, tents, tarpaulins,
canopies, or awnings shall be allowed in connection with an MVU
as a condition_olThermit. All signs, flags, banners, tents, tarpaulins,
canopies, or awnings shall be either attached to, centered over, or
resting against the vending vehicle / equipment, 01 located within a
designated area from the MVU based on permit condition. with
. one (1) freestanding; canopy. which may be
allowed- 44F-an At - W- VS-=1- (--P t IS }i ING:4'L.TAI
type 4- 10-V1- in accordance with Section
- N1.ii below
re entertainment. defined as performances sho\ksor other
forms of entertainment conststin .i of one All or more persons. amplified
of non-amplified musk or Ate! related sounds of noise. including but not
!united to entertainmtnt }fro\ 'Lied bN musician,, disc iocke\JD,). master
of eeiemonies t tilt_'1_or karaoke shall not exceed s+\ L60) decibels at a
distance of one - hundred 11001 feet from the source ac measured h‘ a
sound Ie\ cl mete -
\1VL's attlizing portable generators shall not exceed sixty
60} decibels at a distance of one- hundred (100) feed from the
source as measured 5\ a sound le\ el meter
M. _ • • • ' • . • _ Type of Mt V.
1. — Food. ors - cif food or be\ craves shall connph. with all applicable State
and local health laws regulating -the preparation. handling, and preparation of food.
111 single ser\ ice itenTs-- 1 -e stored to dosed containers or cartons. off the- #leer --
of the \ chicle, except that appre eci dispensers may be used for utensils and cups
for immediate tf e t till ` grid operatll }n
21. AUTO /CAR WASH (POLISHING, WAXING, DETAILING). An
AUTO /CAR WASH (POLISHING, WAXING, DETAILING) type of MVU shall
not be allowed on public property or within any right -of -way. This type of MVU is
only allowed on private property and shall comply with the location criteria of
paragraph "F" above. One (1) freestanding canopy may be allowed for this type of
MVU in addition to another canopy that is either attached to, centered over, or
resting against the vending vehicle or equipment. In all instances, the size of the
freestanding canopy shall be the minimum necessary to accommodate one (1)
parked vehicle, but not to exceed 20 fee in width by 20 feet in length, and must be
removed daily.
�. Fccs. Ant fees associat - °- - shall be i • •• - - - 2. - A-1-1,---Section 1.1 •