The URL can be used to link to this page

Home My WebLink AboutAgenda - 06-07-2016 - 7-b - Amendment to the Orange County Code of Ordinances – Mobile Food Vending Businesses 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 7, 2016 Action Agenda Item No. 7-b SUBJECT: Amendment to the Orange County Code of Ordinances — Mobile Food Vending Businesses DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: 1. Draft Ordinance John Roberts, (919) 245-2318 2. Adoption Resolution PURPOSE: To consider the adoption of rules regulating the operation of mobile food vending businesses in Orange County. BACKGROUND: This item is presented in response to a Board petition to expand the opportunities for mobile food vending businesses in Orange County. Currently mobile food vending units are a lawful use of property in Orange County. The Orange County Code of Technical Ordinances ("UDO") does not address mobile food vending businesses. Recent court decisions have made clear that unless a use is specifically prohibited by law, the presumption will be for the free use of property in favor of the property owner. Among other things the proposed ordinance prohibits the operation of mobile food vending units on residentially zoned property, requires all permits and grade cards to be posted in a conspicuous location, mandates commercial general liability insurance coverage, imposes distance limitations on the siting of mobile food vending units, and prohibits the smoking of tobacco products within the confines, or within 100 feet, of mobile food vending units. Staff for both the Planning and Inspections Department and the Health Department consulted on the proposed ordinance and their suggestions are included in the draft. FINANCIAL IMPACT: Indirect costs associated with ordinance enforcement. SOCIAL JUSTICE IMPACT: There is no social justice goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1. Deliberate as necessary on the proposed amendments; and 2. Consider the adoption of the mobile food vending business provisions into the Orange County Code of Ordinances, authorize the Chair to sign the attached Resolution of Adoption, and authorize the County Attorney to make any minor non-substantive changes or corrections that may be necessary prior to submission of the amendment to Municode. Attachment 1 2 ORD-2016-020 PART I - GENERAL ORDINANCES Chapter 8- BUSINESSES ARTICLE V.—MOBILE FOOD VENDING Section 8-103 through 8-115 RESERVED ARTICLE V. — MOBILE FOOD VENDING 8-116 Mobile Food Vending Units It shall be unlawful for mobile food vendors/units to sell or offer for sale food or beverages inconsistent with the conditions as set forth herein. 8-117 Definitions. As used in this Article the terms beverage, food, mobile food unit, mobile food vending unit, mobile food vendor, pushcart, and vendor shall have the same meaning and definition as those terms have in Title 15A North Carolina Administrative Code Chapter 18A Section .2600 et seq. 8-118 Mobile Food Vendor Permit. (a) It shall be unlawful for any mobile food vendor to sell, or offer for sale, any food or beverage without first obtaining a mobile food vendor permit as required by North Carolina law. (b) All mobile food vendors shall maintain permits required by the Orange County Health Department or the applicable health department of the resident county of the mobile food vendor and comply with all applicable regulations of the State of North Carolina. (c) All permits and grade cards shall be posted in a conspicuous area and easily observed by patrons and Orange County officials. 8-119 Locational Requirements. (a) Mobile food vendors shall only be permitted on developed property and are expressly prohibited from locating and/or operating on undeveloped property. (b) Mobile food vendors shall ensure there is adequate parking available on any parcel on which they operate and for commercial properties shall not encumber the minimum number of parking spaces required for the principal use of the property. (c) Mobile food vendors are expressly prohibited from operating on residentially zoned property unless they are catering a private event not open to the general public. 8-120 Operational and Staging Limitations. (a) Mobile food vending units shall be located a minimum of: (1) Thirty (30) feet from the entrance and/or emergency exits of existing non- residential land uses, fire hydrants, and designated fire lanes. (2) Ten (10) feet from other mobile food vending units, any utility box or vault, any loading berth, or wheelchair ramp. 3 PART I - GENERAL ORDINANCES Chapter 8- BUSINESSES ARTICLE V.—MOBILE FOOD VENDING (b) Mobile food vending units may not park/stage operation(s) within a handicapped parking space, drive-isle, loading berth, fire lane, or access way serving the property. Overflow or extra parking stalls may be used to support mobile food vending operation(s). (c) If a mobile food vending unit is located on or within 200 feet of a property with a single or multi-family residential dwelling the hours of operation shall be between 8:00 a.m. and 9:00 p.m. Measurement is taken from the property line of the residential dwelling in a straight line to the closest point of the mobile food vending location. (d) Mobile food vending units may not operate without appropriate commercial insurance including but not limited to automobile (where applicable) and commercial general liability coverage. Proof of such coverage shall be maintained on or with the mobile food vending unit and available for immediate inspection upon request by any Orange County official. 8-121. Prohibited conduct. Mobile food vendors shall not: (a) Vend on any travel portion of a public or private street or sidewalk when such vending has the effect of blocking or impeding vehicular or pedestrian traffic. (b) Leave any pushcart or mobile food unit unattended on or within a public right-of- way. (c) Sell anything other than that which the vendor is permitted to vend. (d) Use or operate any public address system to attract the attention of the public. (e) Vend without the insurance coverage specified in this Article. (f) Violate any applicable federal, state, or local law or regulation that pertains to food, beverages, or the preparation or selling thereof. (g) Erect or maintain any sign advertising the mobile food vending unit except in accordance with applicable state and local law. (h) Allow the smoking of tobacco products within the confines of the mobile food vending unit or within 100 feet of the mobile food vending unit while the mobile food vending unit is being operated. Sec. 8-122. — Remedies. (a) Violation of this Article is a misdemeanor punishable as prescribed in North Carolina General Statute § 14-4. (b) Injunctive Relief: (1) Whenever there is reasonable cause to believe that any person is violating or threatening to violate this Article or any rule or order adopted or issued pursuant to this Article, or any term, condition, or provision of a license issued pursuant to this 4 PART I -GENERAL ORDINANCES Chapter 8- BUSINESSES ARTICLE V.—MOBILE FOOD VENDING Article, Orange County may either before or after the institution of any other action or proceeding authorized by this Article, institute a civil action in the name of Orange County for injunctive relief to restrain the violation or threatened violation. (2) Upon determination by a court of competent jurisdiction that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violation of this Article. Sec. 8-123. - Severability. If any provision of this Article is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this Article are hereby declared to be severable. Sec. 8-124. - Effective date. This Article shall be effective when adopted. 5 RES-2016-045 Attachment 2 RESOLUTION OF AMENDMENT A RESOLUTION AMENDING CHAPTER 8 OF THE ORANGE COUNTY CODE OF ORDINANCES Be it Resolved and Ordained by the Board of Commissioners of Orange County, North Carolina: WHEREAS, the State of North Carolina authorizes counties to regulate business activities in counties in order to protect the public health, safety, and welfare through North Carolina General Statute § 153A-121 and §153A-134; and WHEREAS, the Board of Commissioners of Orange County specifically finds that the operation of mobile food vending units could put the public at risk if such operations are conducted in inappropriate locations or under inappropriate circumstances; and WHEREAS, imposing locational requirements and permit display requirements are legitimate and reasonable means of accountability to ensure that operators, contractors, and employees of mobile food vending units do not put the public health, safety, and welfare at risk. NOW THEREFORE BE IT RESOLVED AND ORDAINED, that the Code of Ordinances, Orange County, North Carolina, Chapter 8, is hereby amended by adding sections to be numbered 8-116--- 8-124, which sections read as shown in the attached revised ordinance to regulate mobile food vending businesses in Orange County. This Amendment shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this day of , 2016. By: Attest: Earl McKee, Chair Donna Baker, Clerk to the Board Orange County Board of Commissioners [SEAL]