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HomeMy WebLinkAboutLL 02 of 2022 Food Trucks Ch 202 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-Ml ROBERT J. RODRIGUEZ HTTFS://00S.NY.GOV ACTING SECRETARY OF STATE March 2, 2022 Paulina Rosa Town of Ithaca Clerk Town Clerk's Office 215 N Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 1, 2, 3, 4 2022, filed on February 22 2022 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos,ny.-goy. Sincerely, State Records and Law Bureau (518) 473-2492 qMEJ'WYORK $TATE OF Department P, OPPORTUNITY. of State TOWN OF ITHACA NEW YORK TOWN CLERKS' OFFICE Paulette Rosa,Town Clerk& Becky Jordan, Deputy Town Clerk 215 N Tioga St 14850 607.273 1721 townderk@town Ithaca ny us February 16, 2022 State Records Unit Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231 To Whom It May Concern, Enclosed please find Town of Ithaca Local Laws 1, 2, 3 & 4 for the year 2022: #1 A Local Law Authorizing A Monetary Gift To The City Of Ithaca To Support Cass Park And Stewart Park Recreational Facilities #2 A Local Law Adding Chapter 202 To The Town Of Ithaca Code, Title "Food Trucks" #3 A Local Law Amending Chapter 270 of the Town of Ithaca Code, Adding Provisions Regarding Barns On Non-Farm Lots, Agritourism, And Seasonal Farm Lodging Facilities In The Agricultural Zone #4 A Local Law Amending Chapter 250 Cif The Town of Ithaca Code, Titled " Vehicles And Traffic", By Adding Stop Signs At The Forest Home DriveiArboretum Road Intersection Please contact me if you have any questions. Sinco4" .11- q, Paulette Rosa Town Clerk TOWN OF ITHACA LOCAL LAW 2 OF THE YEAR 2022 A LOCAL LAW ADDING CHAPTER 202 TO THE TOWN OF ITHACA CODE, TITLED "FOOD TRUCKS" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. The Town of Ithaca Code is hereby amended by adding Chapter 202, titled "Food Trucks,"reading as follows: "§ 202-1 Purpose. The purpose of this chapter is to regulate food trucks within the Town of Ithaca in a manner that protects the public health, safety, and welfare, while also providing a degree of flexibility for additional food vendors and sales. This chapter describes the permitting procedures for food trucks and is intended to operate in conjunction with the regulations of Chapter 125 entitled "Building Construction and Fire Prevention". § 202-2 Definitions. The following terms shall, for the purposes of this chapter, have the meanings herein indicated: Artisan Studio Establishment where people make art or products by hand, using handheld tools or tabletop/benchtop equipment. Commercial recreation: indoor or outdoor Establishment or facility that is not part of a civic use, that provides an indoor or outdoor recreation or entertainment-oriented activity to the public with or without a fee, as an ongoing principal use. Examples of activities that may be part of this use include: indoor fun center, bowling center, video/game arcade, laser tag,paintball, airsoft, movie theater, downhill skiing, cross country skiing, swimming pool, tennis court. Food truck A mobile food service operation located in a licensed motorized vehicle or a movable cart, stand, or trailer and from which food is prepared and/or cooked for purposes of selling or distributing in individual portions to the general public directly from the vehicle, cart, stand or trailer for consumption on or off of the premises. Food truck operator Any person owning or having control of the use of a food truck, including their respective employees and agents. Adopted on 2022-02-14 Industrial use: low impact Manufacture mostly from previously prepared materials, preparation, processing, or repair of products for distribution or sale; with no detectible offsite impacts. Person Any individual, association, organization,partnership, firm, corporation or other entity recognized by law. Private club/lodge Facility of a nonprofit private club or organization, mostly open only to club members and their guests. (Examples: service or lodge-based organization, social club, veterans' club, labor union.) Professional office Establishment that provides professional, administrative, clerical, outpatient medical or allied health care, veterinary, or technology services. Research/laboratory Establishment conducting scientific research, investigation, testing, or experimentation. It may also include related manufacture or sale of products incidental to the main purpose of the laboratory. Retail and service: general Establishment that sells or rents a physical or intangible product to the public or provides a service to customers onsite. Restaurant/cafe bar Establishment that prepares and serves meals or drinks to customers onsite or delivery offsite. School: primary/secondary NYS recognized school for primary or secondary(K-12) education School: college/university/vocational NYS recognized school for post-secondary, graduate, doctoral, professional, or vocational education. § 202-3 Permit required. A. It shall be unlawful for any person to operate a food truck within the Town of Ithaca outside the Village of Cayuga Heights without having obtained a food truck permit in accordance with the provisions of this chapter. The use of vehicles that fall under the New York State Uniform Fire Prevention and Building Code's definition of"mobile Adopted on 2022-02-14 food preparation vehicles" also requires an operating permit, in accordance with the provisions of Town Code § 125-8. B. Any person desiring to operate a food truck shall make a written application for a food truck permit to the Town of Ithaca Code Enforcement Department. The application for a permit shall be made on forms provided by the Town of Ithaca and shall include the following information: (1) Name, signature, telephone number, e-mail address, home address, and business address of the food truck operator, including the owner of the food truck. (2) A description and photograph of the food truck, including the license plate and registration number(where applicable), and dimensions (length and width). (3) A valid copy of the Tompkins County Health Department permit for a mobile food service operation. (4) Address of the property the food truck will be located on and name of the property owner. (5) Written documentation that the applicant has been provided authorization from the property owner for the operation and location of the food truck on the property. (6) A sketch plan including details sufficient to demonstrate compliance with this chapter. (7) Required application fee in accordance with the fee schedule established by the Town Board. C. The Code Enforcement Officer shall approve and issue a food truck permit if. (1) The applicant demonstrates compliance with the requirements of this chapter; (2) The required food truck permit fee has been paid; and (3) No notices of violation are pending on the property. D. Food truck permits may be issued to operate on an approved location on a tax parcel for up to 180 days per calendar year, in accordance with this chapter. Permits expire on the food truck's 180th day of operation in a calendar year, or on December 31 of the year for which it was issued, whichever is earlier. If a food truck is operated in conjunction with a restaurant, and the food truck and restaurant are owned by the same person, there shall be no limit on the number of days of operation and the permit shall expire on December 31 of the year for which it was issued. Permittees who wish to have a permit for the Adopted on 2022-02-14 subsequent calendar year must submit a new application pursuant to the provisions of this section. E. A permit is effective upon approval by the Code Enforcement Officer. F. A food truck permit is not transferable. § 202-4 Siting. A. Food trucks permitted under this chapter shall only be located on private property, unless otherwise approved/permitted in accordance with this chapter. B. Food trucks may operate only in conjunction with the following principal uses: • Agricultural use, which may include agricultural retail sales • Veterinary hospital/clinic • Private club/lodge • Farm retreat • Adult care facility • Child day-care center • Research facilities principally dedicated to research in agriculture or animal husbandry • Clinic and nursing or convalescent home or elder care center • Equestrian facility • Church or other places of worship • School: primary/secondary • School: college/university/vocational • Public library • Public museum • Nursery school • Hospital • Fire station, emergency medical services, or other public building necessary to the protection of or the servicing of a neighborhood • Roadside stand • Retail and service: general • Artisan Studio • Bank • Professional Office • Hotel or motel • Commercial Recreation: indoor or outdoor • Restaurant/cafe/bar • Vehicle fuel sales station • Farmers Market • Boat harbor and marina • Visitor center for tourists Adopted on 2022-02-14 • Research/laboratory • Indoor warehousing and indoor storage facilities • Industrial use: low impact • Medical Offices or services C. Food trucks may only be sited on the property at the location designated on the permit. D. Food trucks shall be located a minimum of 15 feet from a side yard or rear yard property line, when the parcel is located within or contiguous to a residential zoning district. This minimum required distance does not apply to a side yard or rear yard property line that abuts a private street. E. Food trucks shall be located a minimum of five feet from the edge of any driveway, utility box or vault, mobility ramp, building entrance, exit or emergency access/exit way. F. Food trucks must be located in a location that ensures adequate ingress and egress from the property to prevent traffic congestion or safety hazards. G. Food trucks must be located so as to not obstruct or interfere with the free flow of pedestrian or vehicular traffic, not restrict visibility at any driveway or intersection, and not unreasonably interfere with the activities of other businesses or otherwise interfere with other lawful activities or violate any statutes, ordinances, laws or regulations. H. Food truck operators must demonstrate that a minimum of four parking spaces are available on the lot (or on an immediately adjacent lot with the adjacent lot owner's written permission) to serve the food truck, and that such spaces are not otherwise reserved, encumbered, or designated to satisfy the off-street parking requirement of another business or activity that is operating at the same time as the food truck operation. L Food trucks must be located at minimum 100 feet away from the entrance of a brick- and-mortar restaurant unless the food truck is operated or owned by the same person who owns said brick and mortar restaurant. Notwithstanding the foregoing, a food truck may be located on the brick-and-mortar restaurant's lot with consent of the brick and mortar restaurant owner. § 202-5 Operations. A. Food truck operators shall maintain a valid Tompkins County Health Department permit for a mobile food service operation and shall operate the food truck in Adopted on 2022-02-14 conformance with all applicable health standards. B. The following shall be conspicuously posted in public view on the food truck at all times: the Tompkins County Health Department permit; the Town of Ithaca food truck permit; and (if applicable) the Town of Ithaca operating permit. C. Signage. All food trucks shall be permitted a single freestanding sign not greater than six square feet in size, which may be placed only when the food truck is in operation and shall be located on the same tax parcel as the food truck. Additional signs are allowed as follows: (1) There shall be no limit on the size or number of signs affixed to or located on the food truck. (2) Signs affixed to food trucks shall not be mounted perpendicular to the food truck and shall not protrude beyond the edges of the food truck. D. Food truck operators shall provide trash and recycling receptacles within 10 feet of their food truck. A food truck operator is responsible for the proper processing of waste, trash and recyclable materials associated with the operation of the food truck. Operators shall remove all waste, trash and recyclable materials from their approved locations at the end of each day or more frequently as needed to maintain the health and safety of the public. The food truck operator shall keep all areas, including any associated seating areas, clean of grease, trash, paper, used cups or cans associated with the operation. No liquid waste or grease shall be disposed in or on streams, wetlands, storm drains, lawns, sidewalks, streets, or other public space or in septic tanks not equipped with a grease trap. Liquid waste and grease disposal into the sanitary sewers may occur only with written approval of the Ithaca Area Wastewater Treatment Facility and in accordance with all laws, rules and regulations regarding such disposal. E. Any lighting provided shall comply with Town Code Chapter 173 titled Lighting, Outdoor. F. Tents are prohibited. Awnings are only permitted if they are attached to the food truck. Umbrellas are only permitted if they are attached to a table. G. The food truck operation shall comply with Town Code Chapter 184 titled Noise. H. Food trucks shall comply with Town Code Chapter 205 titled Property Maintenance. Adopted on 2022-02-14 L Food trucks and associated outdoor seating, if any, shall be removed from all permitted locations upon expiration or revocation of the permit. § 202-6 Exceptions. A. Special permit procedure for public property. The Town Board may, from time to time by resolution, establish procedures for issuance of permits to locate food trucks on Town-owned property, and such permits, if authorized by the Town in its discretion, shall not be subject to § 202-3.1), and §§ 202-4.13, H and L Such special permit shall be issued in accordance with the process identified in Subsection B below. B. Special event, residential block event, neighborhood celebration/festival, or private residence event. The Town Board may,by resolution, authorize Town Code Enforcement Officers to issue a food truck permit in a residential neighborhood or at a residential property for a special event, a residential block event, a neighborhood celebration/festival, or a food truck event at a private residence. Such permit shall only be valid for the period of time identified by the Town Board and shall not be subject to § 202-3.1), and §§ 2024A, B, H and L The Town Board shall only authorize said food truck permit after consultation with the Director of Public Works and the Director of Code Enforcement and pursuant to the following procedure. (1) Such permit may be granted in those circumstances where the applicant demonstrates that on balance the need for and benefits of the food truck permit outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment. In determining whether to grant a food truck permit, the Town Board shall consider factors including but not limited to: the volume of the noise; volume of increased traffic; the proximity of the food truck to sleeping facilities; the time of day or night the food truck operates; the time duration of the food truck operation; the impact of the food truck operation on persons living or working in different places or premises who are affected by the food truck operation; whether food truck operations create more noise, fumes, illumination, or other potential nuisances than the operation of any permitted use in the particular zone; and whether the site layout with the proposed food truck operations will safely accommodate vehicular,bicycle and pedestrian access, traffic circulation, parking facilities, and emergency vehicle access. i. Permit procedure, fee. 1. An application for such a permit shall be filed with the Town Clerk no less than 21 days before the anticipated need and shall provide the following information: a. The name of the applicant. Adopted on 2022-02-14 b. The name (if any) of the food truck as identified on the vehicle, cart, stand, or trailer, and the name of the food truck operator for compliance with the permit, if different from the applicant, which shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. c. Plans, specifications, and layout of the food truck operation. d. Abatement and control methods to be used for the food truck operation to reduce the impact on the surrounding areas, if necessary. e. Date and time schedule that the food truck operation will occur. f. Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. (2) The Town Board may in its sole discretion waive the application filing requirement of 21 days upon good cause shown or for other unique, special or extenuating circumstances. (3) At the time of the filing of the permit application or applications, the applicant shall pay the Town a nonrefundable fee as set from time to time by Town Board resolution. (4) Applications may be submitted simultaneously by a single person, representative or agent thereof for food truck operations occurring at a single address within a consecutive six-month period. Food truck operations of a similar scope may be listed on one application. All applications shall be reviewed, and determinations shall be rendered on each application. The Town Board may make different decisions and impose different conditions on individual food truck operations contained within an application for multiple food truck operations. (5) A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the impacts that might occur by the exercise of the privileges granted by Adopted on 2022-02-14 the food truck permit. If a permit is issued, a copy of the permit stipulating any and all conditions imposed by the Town Board shall be furnished to the Tompkins County Sheriffs Department and the Tompkins County Health Department by the Town Clerk, simultaneously upon the issuance of the permit to the applicant. (6) The Town Board may, in its sole discretion, waive the holding of a public hearing upon good cause shown or for other unique, special or extenuating circumstances. (7) Where applicable, the food truck operator shall also apply for a noise permit pursuant to Town Code Chapter 184, titled Noise. § 202-7 Violations. A. Any of the following shall constitute a violation of this chapter: (1) Failure to properly obtain and/or properly display a valid food truck permit. (2) Fraud or misrepresentation contained in the permit application. (3) Fraud or misrepresentation made in the course of operating the business. (4) Conduct that creates a public nuisance, or otherwise constitutes a danger to the public health, safety, welfare. (5) Failure to comply with the food truck permit or any other provisions of this chapter. § 202-8 Suspension or revocation of a permit. A. The Code Enforcement Officer may issue a notice of intent to suspend or revoke a food truck permit for any violation. The notice of intent to suspend or revoke shall describe the violation and require the permit holder to immediately correct the violation or cause the violation to be corrected. B. The notice of intent shall be provided to the permit holder by personal service,by regular mail to the address submitted with the permit application, or by posting at the place of business of the food truck. C. If the permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit. D. A permit holder shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk demonstrating that the permit holder was not in violation of the permit. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permit holder's receipt of the notice of intent or of posting, Adopted on 2022-02-14 whichever occurs earlier. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permit holder's written request, the Town Board shall hold a hearing to determine whether to reverse the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing. § 202-9 Enforcement and administration A. The requirements established by this chapter shall be administered and enforced by the Town of Ithaca Code Enforcement Officer or their designee and such other employees and/or officials authorized by the Town Board. B. Whenever the Code Enforcement Officer finds that there has been a violation of this chapter, or any rule or regulation issued in connection therewith, the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about the food truck or its premises in violation of this chapter, or any rule or regulation issued in connection therewith. C. An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this chapter, or any rule or regulation issued in connection therewith; shall specify the provisions of this chapter or any rule or regulation issued in connection therewith which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within seven days after the date of the order to remedy; the order may direct the person served with the order to begin to remedy the violation(s) immediately or within some other stated period of time that can be less than seven days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time. D. The order to remedy, or a copy thereof, may be served by personal service within five days of when the inspection occurred and a violation was observed,by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. The Code Enforcement Officer shall be permitted,but not required, to cause the order to remedy, or a copy thereof, to be served on any property owner, food truck operator, or any other person taking part or assisting in the operation of a food truck at the affected property personally or by registered mail or certified mail; provided, however, that failure to serve any person mentioned in this sentence shall not affect the Adopted on 2022-02-14 efficacy of the order to remedy. E. Pursuant to the provisions of Municipal Home Rule Law, § 10, Subdivision 4(a), and the Criminal Procedure Law, § 150.10, Code Enforcement Officers of the Town of Ithaca are hereby authorized to issue and serve appearance tickets, as defined in the Criminal Procedure Law,returnable in Town Court of the Town of Ithaca, when they have reasonable cause to believe a person has violated, in their presence, Chapter 202 of the Code of the Town of Ithaca, entitled "Food Trucks," and to prosecute the violation in Town Court. § 202-10 Penalties for offenses. A. Any person who violates any provision of this chapter, any rule or regulation issued in compliance therewith, any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter, shall be liable for a fine of not less than $200, or imprisonment not to exceed 15 days, or both. Each day such violation continues shall constitute a separate violation. B. Civil penalties. Any person who violates any provision of this chapter, any rule or regulation issued in compliance therewith, any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter shall be liable for a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of Ithaca. C. An action or proceeding in the name of the Town of Ithaca may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of this chapter, or any rule or regulation issued in connection therewith, or any term or condition of any food truck permit, order to remedy, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this chapter. Such remedy shall be in addition to penalties, fines and other remedies otherwise prescribed by law. D. Remedies Not Exclusive. No remedy, fine or penalty specified in this section shall be the exclusive remedy, fine or penalty available to address any violation described in this section, and each remedy, fine or penalty specified in this section shall be in addition to, and not in substitution for or limitation of, the other remedies, fines or penalties specified in this section, or in any other applicable law. Any remedy, fine or penalty specified in this section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this section, in any other section of this chapter, or in any other applicable law. E. Conviction of a violation of this chapter shall constitute and effect an immediate forfeiture of any permit hereunder held by the person so convicted." Adopted on 2022-02-14 Section 2. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 3. This local law shall take effect immediately upon filing with the New York Secretary of State. Adopted on 2022-02-14