HomeMy WebLinkAbout03-12-12 Board of Public Works Meeting AgendaBOARD OF PUBLIC WORKS
OFFICIAL NOTICE OF REGULAR MEETING
A meeting of the Board of Public Works will be held on Monday, March 12, 2012, at 4:45 p.m.
in Common Council Chambers — Third Floor, City Hall, 108 East Green Street, Ithaca, New
York.
Agenda
1. Additions or Deletions to Aqenda (Items 1 -5: 15 min.
2. Mayor's Communications
3. Communications and Hearings from Persons Before the Board
4. Response to the Public
5. Reports
Special Committees of the Board
Council Liaison
Board Liaisons
Superintendent and Staff
Other Department Heads
6. Approval of Minutes
7. Administration and Communications
8. VOTING ITEMS
8.1 Buildings, Properties, Refuse and Transit
8.2 Highways, Streets and Sidewalks
8.3 Parking and Traffic
8.4 Creeks, Bridges and Parks
8.5 Water and Sewer
A. Award of Bid for Pipe and Materials — Resolution
9. DISCUSSION ITEMS
9.1 New Sidewalk Construction Priorities
9.2 Request to Install a Temporary Batting Cage at Cass Park's "Cal Ripken Field"
9.3 Mobile Vending
10. New Business
11. Adjournment
If you have a disability that will require special arrangements to be made in order for you to fully
participate in the meeting, please contact the City Clerk at 607- 274 -6570 at least 48 hours before the
meeting.
The Board of Public Works meets on the first, second and fourth Mondays of the months at 4:45 p.m. All meetings are voting meetings,
opening with a public comment period. Meeting agendas are created from prior public input, Department operating, planning issues, and
requests made to the Superintendent. The Board reserves the right to limit verbal comments to three minutes and to request written
comments on lengthy or complex issues. This information may then be used to create committee agendas, with the speaker or author
invited to attend.
Notes for BPW Agenda, March 12, 2012
8.5A Award of Bid for Pipe and Materials — Resolution
This is an annual bid for materials we normally consume during the year for repair,
maintenance, and construction during the course of a Water & Sewer year.
9.1 New Sidewalk Construction Priorities
Please bring the information distributed in the March 5, 2012 agenda for this topic.
I was not sure that we had finished the discussion of sidewalk items. I left the meeting thinking
that there were a broad range of opinions, and a general underlying dissatisfaction that seems
to go with any government directive to individual property owners (zoning restrictions, property
maintenance requirements, sidewalk cleaning and condition) for what is deemed as general
public good. As members of a society, we seem to be comfortable with more public directives
or police powers such as speed limits, driving on the right side, not stealing others' cars,
proper disposal of trash or wastewater, but we get a little more sensitive as the regulations get
closer to home (What do you mean I can't do my own plumbing ! ?!). If there is further
discussion on this item, this is the agenda item for it. My experience is that public hearings,
when the Board is thinking of directing the installation of new sidewalk, usually results in a
complete review of the city's sidewalk program.
9.2 Request to Install a Temporary Batting Cape at Cass Park's "Cal Ripken Field"
was about to approve the installation of a temporary batting cage, but I thought it would be
useful to make sure the Board members were comfortable with this. I don't want to hold up
progress of programs, or burden the Board with items they don't feel the need to see.
Consider this a test case as we explore the boundaries of "administrative approval."
9.3 Mobile Vending
Kathy has expended some effort to round up materials for the Board on the topic of mobile
vending (Hot Trucks, or "roach coaches" as I knew them in the Air Force). This will open the
conversation. Kathy has far more material already collected, which we can hold for individuals,
appointed subcommittees, or duplicate for all.
vvULL,2v J. c,ra�, P.E.
.superi, tewdewt of PubLLr, WoOzs
March 7, 2022
Page 2
8.5A Award of Bids for "Water & Sewer Division Pipe and Materials Bids"
WHEREAS, bids were received on March 6, 2012 for pipe and materials to be used during the
2012 construction and maintenance season, and
WHEREAS, the bid package consisted of 7 separate bid items, each to be awarded
separately, and
WHEREAS, staff has reviewed the six bids received and made recommendations for award,
and
WHEREAS, the low bid for Item 5, valves, was determined to not meet specifications so staff
has recommended award to the second low bidder, now therefore be it
RESOLVED, That the Board of Public Works hereby awards Bid 1 for water main pipe, Bid 2
for water main fittings, Bid 5 for valves, and Bid 7 for residential water service components to
HD Supply Waterworks of Binghamton, NY, for a total contract of $99,752.70, and be it further
RESOLVED, That the Board of Public Works hereby awards Bid 3 for hydrants and
accessories to Ti- Sales, Inc. of Sudbury, MA for a total contract of $47,718.66, and be it further
RESOLVED, That the Board of Public Works hereby awards Bid 4 for street valve boxes to
Blair Supply Corp. of Rochester, NY for a total contract of $6,606.50, and be it further
RESOLVED, That the Board of Public Works hereby awards Bid 6 for tapping sleeves to
Martisco Corp. of Syracuse, NY for a total contract of $5,008.50.
Page 3
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Board of Directors
Ike Nestopoulos (President)
Pat Stage (VP Babe Ruth)
Karen Miller (VP Cal Ripken)
Chris Barley (VP Cal Ripkenl)
George Enzian (VP Softball)
Jon Parmenter (Secretary)
Donna Brock (Treasurer)
Tom Hallisey
Dave Feeney
Ed Mitchell
JoAnn Mitchell
5 March 2012
Ithaca Babe Ruth League, Inc.
Babe Ruth Division District 3 Western New York
P.O. Box 112, Ithaca, New York 14851 -0112
http: / /ithaca.baberuth.ore ithacacbaberuth(&yahoo.com
Mr. Bill Gray
Superintendent of Public Works
City of Ithaca
108 E. Green St.
Ithaca, NY 14850
Dear Mr. Gray:
RECEIVED
MAR 0 6 2012
Office of the
Supt. and
Engineering
I am writing on behalf of the Ithaca Babe Ruth League to request formal
permission from the Board of Public Works for the installation of a temporary
batting cage at Cass Park's Union Field 8, also known as the "Cal Ripken Field,"
during the 2012 baseball season (1 April —15 August, 2012).
We have raised the funds necessary to purchase and install a Wheelhouse Batting
Cage (details may be found at: http: / /cagesplus.com/). The approximate
dimensions of the cage would be: 14' wide X 10' high X 60' long. This is a
temporary structure for use only during the Cal Ripken Spring and Summer
seasons. Please see attached documentation for some of the specifications.
I have spoken with Cass Park Manager Jim d'Alterio about this and he is
supportive of the idea — working with Jim, we would plan to locate the cage in an
area adjoining our utility shed. We are confident that its placement (detailed in
the attached sketch) will not impede anyone's use of this area of the Cass Park
Union Fields
Our effort to secure permission to install this batting cage is intended, as our
backstop netting was last year, as a safety enhancement for our youth league that
gives nearly 200 Ithaca children ages 9 -12 an opportunity to play baseball each
spring.
Thanks very much in advance for your consideration of this request. I (or a
representative of our league) would be happy to attend a BPW meeting to present
the request in person and answer any questions.
Sincerely,
Jon Parmen r
Secretary, Ithaca Babe Ruth League
108 Cobb St., Ithaca, NY 14850
607.277.8430 (home); 607.280.6136 (cell); jwp35 @cornell.edu
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PRODUCTS &
PRICING
FEATURES
FEATURES &
DETAILS
Page 1 of 6
GET YOUR WHEELHOUSE BATTING
Tf
866 -47!
sales @cagesph
Search
SNAPSHOTS & FREQUENTLY ASKED CUSTOMER
VIDEOS QUESTIONS TESTIMONIALS
Affordable - Priced with the family in mind. A complete system includes netting,
connectors, and a complete L- screen. No installation kits to buy, cement to pour, or
holes to dig. (You will need to buy the frame poles separately. They are readily
available at places like Lowe's and Home Depot.)
Durable - The system is stable and safe. It is a personal preference, but I like knotted
nylon better than poly net. Knotted nylon is much stronger than poly net. Knotted
nylon is between 72% to 125% stronger than poly net. While poly net is cheaper you
would have to get about a #42 poly to be almost as strong as our #21 and by then you
have spent more money. Knotted nylon is strong, UV protected, and will last for years.
The #21 gauge has a burst strength of about 209 pounds per strand or about 836
pounds per mesh (diamond). The #36 gauge has a burst strength of about 380 pounds
per strand or 1520 pounds per mesh. Look or ask for the tenacity rating on knotted
nylon. It is a measure of its strength and durability. An ok rating is 8. Good quality
netting should be at least 9.0. Ours is above 9.
Portable - Unlike other cages, this system is PORTABLE! Two people can put up the
cage in about 30 minutes, my son and I have put up a 50' cage in fifteen minutes. This
works out great for a team practice. With help from your team, it will go up in minutes!
It comes down in even less time. The L- screen is portable too, its support legs come off
and the screen folds in half.
Flexible - Put up as few or as many sections as you like, up to the length of your cage.
Each section is 10' long. It automatically fits the contour of your ground, which does not
have to be level. It can be adjusted to fit narrower confines and can even be tapered to
fit odd shaped spaces.
3/3/2012
Page 2 of 6
Versatile - Indoors or outdoors. Not only does it make a great outdoor batting cage,
but it can be taken indoors during inclement weather or during winter to keep your
players in shape. Utilize existing space and create an extra hitting station.
DETAILS
Dimensions - The cage is trapezoidal in shape: 10' tall, 10' wide at the top, and about
14' wide at the bottom. The poles are 3/4" EMT - Electrical Metallic Tubing. The trade
name is "thin wall." The poles are 10' long steel galvanized pipe and available at
hardware and electrical supply stores such as Home Depot or Lowe's. The L- screen is
6.5' tall by 7' wide with a 3'x3.5' cutout.
Netting - The netting is 1 7/8" knotted nylon mesh. The #21 is rated at 200 lb.
breaking strength per cord or 800 lb. per mesh. The netting hangs on the diamond, not
on the square. This allows for more give when hit by a ball so there is less chance for
tear and less abrasion. It also allows water to run -off more quickly. One of the most
important aspects of quality netting for batting cages is its tenacity. It should have a
tenacity rating of at least 9.0.
UV Protection - The netting is dipped in a bonding agent for protection from weather
and UV. Unlike other cage companies, our netting is dipped after the knots are made.
This sets the knots so they won't come undone.
Less Sag - Another advantage of our design over the traditional netting is it has much
less sag. With our ten foot sections and the fact that the netting is hung over the frame
means considerable less sag, only a few inches rather than feet. Traditional cages
normally have only three or four frames to support the netting. The weight of the
netting causes tremendous sag, in some cases 2 -3' of sag. It is not uncommon for a
12' high traditional cage to only have 9' of height clearance. Look at some of the
pictures on the web and see. Most of the time the other cage manufacturers will only
display drawings of their netting, of course with no sag!
What You Should Know Before Buying
What we send you and what you have to buy.
You will receive one box approximately 42" long by 17" wide by 17" tall. Since we make
40', 50', 60', and 70' long cages your box will weigh 80, 90, 100, or 110 pounds,
3/3/2012
Page 3 of 6
respectively. The box will contain the cage netting, cage connectors, L- screen netting, L-
screen connectors, L- screen poles, extra twine, packing slip, copy of your invoice, and
assembly instructions. You will have to buy the 10' poles for the frame. These are 3/4"
EMT (electrical metallic tubing), standard electrical conduit. They are 10' long steel
galvanized pipe. The trade name is "thin wall." We buy ours at places like Lowe's or Home
Depot. For the 40', 50', 60' or 70' cage you will need to buy 23, 28, 33, or 38 poles
respectively. You will need a 7/16" wrench, we use a ratchet or socket wrench, assembly
goes faster that way. That's it.
You can Assemble Our Cage Quickly
Our instructions are easy to follow. My son and I have put our 50' cage up in 15 minutes. It
may take you longer the first few times. But it really is easy. On the other hand, our
competition's instructions are lengthy and complicated, involving snap hooks, turnbuckles,
aircraft cable, cutting tubing to certain lengths and requiring some to have a "swedge" ends
while others don't. And the list goes on. Our system requires no cutting or no additional
hardware to buy. You just buy the standard 10' long 3/4" EMT poles and you're ready to go.
You will get years of trouble -free use from Our Cages.
Since we started in 1998, none of our clients have had a single hole in the netting due to
being hit with a baseball nor has the netting deteriorated due to weather or UV from the
sun. This is due mainly to the unique design we invented. The netting is draped over the
frame and not attached anywhere to the frame. Because of this, the net can give, there is
less wear and tear and abrasion on the net, hence longer life and more years of trouble free
use for you. I will admit, even we have been surprised. We have had clients run over the
net with a lawn mower and animals have gathered to chew on the net (we provide patches
and repair kits for such occurrences free of charge). While I can't say for certain how long
your net will last I am getting some calls from clients that after 5 -10 years of use their net
needs some minor repair.
Do you have an odd shaped yard or uneven ground? Our Cage will fit.
Does the space between your fence and house taper? Is your ground uneven? Is your yard
too short? None of these are problems with our cage. We have clients who have had these
problems and our cage works. Put up as much or as little of the cage, up to the length of
your cage let the excess hang on the end. Does your yard taper? No problem. The poles
are flexible, you can even taper the width if necessary.
You can use Our Cages Indoors or Outdoors and they are Portable.
This can save you hundreds of dollars on coin operated machines. Leave it set up in your
yard all year long (we recommend taking it down if you are in a snowy climate). Because
you can take it down easily, it complies with neighborhood's Covenants and Restrictions.
Some clients take it down in the winter. Some move it to a gymnasium or other indoor
facility. It has been reported by some of our clients that it is a neighborhood magnet. Take
3/3/2012
Page 4 of 6
it to your team practice - be the envy of the rest of your team! We have some teams where
five players on the same team have our cage.
Some History, Comments, and Suggestions.
We started in 1998 and our history has been interesting and exciting. We sold our 1000th
cage in July 2002, our 2000th cage in April 2004, our 3000th cage in June 2006, our 4000th
cage in May of 2008, and our 5000th cage in May of 2010. We have sold cages in all 50
states and Washington, DC. We have sold internationally as well. We have cages in
Australia, Canada, Curacao, France, Germany, Mexico, New Zealand, Norway, and Puerto
Rico.
More and more companies are copying our idea, some are making subtle changes. You, as
the consumer, should be aware of what you are getting. For example, I got a call from a
prospect, who became a client, saying that one of my competitors was offering a cage
similar to mine and at a cheaper price. They were even going to throw in the L- screen.
When I investigated further, I found out they were offering poly net rather than knotted
nylon. Poly net is quite a bit weaker and less expensive than knotted nylon. In my opinion,
knotted nylon is a lot more durable than poly net. Since we started in 1998, we have never
had a water problem, UV deterioration, or any breakage of our net. Knotted nylon is easy
to repair. So when shopping make sure to compare what you are getting. Ask a lot of
questions.
I get calls about accessories for our cages. Some of my competition provides leaded rope,
others sell backdrops, still others offer other things for sale. I'm cheap, sorry frugal, I try to
find inexpensive alternatives. Here are some. Leaded rope is expensive and heavy to ship. I
used to offer it, but now I make my net wider. It is 36' wide and the perimeter of my frame
is only 30', so there is 3' of overhang all the way around. But if you still feel you need
something, try a simple garden hose. It is much cheaper than leaded rope and will do the
same thing - provide a little extra weight on the net so it won't blow around as much in
wind. Some companies offer expensive backdrops. I suggest an inexpensive piece of carpet.
Hang it from the roof corner connectors.
Wind is the one weakness of our system. Strong cross winds can actually tip over the
cage. Our system is a free standing light weight system. If you are in a windy climate and
your cage is in the open, that is, you don't have a barrier like a house, fence, or trees, you
should anchor down the cage in some fashion. Here are a few suggestions. Tie rope to the
roof corner connectors then anchor the other end of the rope in the ground with a tent peg
or stake. This method will handle most reasonable winds. A few of my clients have offered
some other suggestions. One used "ree -bar" and pounded it next to some of the leg poles
and then wrapped wire around the leg pole and the ree -bar. Another bought some 1"
conduit and put some of them into the ground at the same angle as the leg pole and then
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Page 5 of 6
inserted the leg pole inside the 1" conduit. He then drilled a hole through the poles and
inserted a bolt or wire to secure the two together.
My cage is not perfect and may not be for everyone. However I think we have made a good
product and people feel they are getting very good value for the dollar they spend. We also
provide excellent customer service and support.
SAVE Hundreds On Our Batting Cages Over The Competition's
From time to time I do some comparison shopping on the internet. Here are some of my
findings and suggestions when shopping for a batting cage system.
Shipping costs are hard to determine. Many companies don't tell you what shipping is
until you "check out" of their shopping cart. One well known company was over $1200
more than our system and I still could not figure out the shipping costs.
It is difficult to compute the total cost of a cage. Some companies have unbundled
pricing and sell "net only" so trying to compare apples to apples is difficult. They sell
frame kits separate, or don't include an L- screen, or if they do, don't include the poles
for the L- screen.
Most companies suggest buying the poles for the frame locally. This can save you
hundreds of dollars as these items are very heavy and shipping them is very expensive.
However, check out the prices yourself. For example, some companies say they use 1
5/8" top rail. Most of these types of poles need to be cut to the proper size. So some
of their prices online may be outdated.
Some companies sell "poly" net rather than knotted nylon. Knotted nylon is more
expensive, but knotted nylon is stronger and longer lasting than poly net. Knotted
nylon doesn't curl like poly net does. Knotted nylon is easy to repair.
Some companies sell the connectors with thumb screws you tighten by hand. Hitters will
eventually hit the thumb screws and break them off. We use 1/2" bolts.
Be diligent and ask a lot of questions. Find out the complete cost of a cage before you
buy. We are hundreds of dollars less, in some cases well over a thousand dollars less,
than some company's complete batting cage systems. Others that look similar to our
cage and are close in price, either don't offer an L- screen or the poles for the L- screen
or they sell poly net instead of knotted nylon.
Find out their return policy. Some allow up to 60 days. Ours is one full year.
Caveat Emptor - Let the Buyer Beware!
3/3/2012
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CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850 -6590
DEPARTMENT OF PUBLIC WORKS
William J. Gray, P.E. Superintendent / City Engineer
Telephone: 607/274 -6527 Fax: 607/274 -6587
MEMORANDUM
TO: William J. Gray, P.E., Superintendent of Public Works
Board of Public Works
FROM: Kathy Gehring, Executive Assistant
DATE: March 7, 2012
RE: Mobile Vending in Ithaca
General History of Mobile Vending in Ithaca
During my research, I found that the Board of Public Works has been reviewing requests to vend
in Cass Park as far back as 1974, if not further. However, there were very few vending requests
for areas other than Cass Park. In 1983, the Board decided it was time to have a written policy
for vending permits in Cass Park. The policy included hours of operation, vendor
responsibilities, insurance requirements, location stipulations and set the application fee.
In 1993, Common Council modified Chapter A352, "Commons Operations Manual and Vending
Cart Regulations," to authorize the Commons Advisory Board and City Clerk with determining
vending locations, hours of operation, total number of vending permits allowed, permit
timeframes, application fees and which special permits would be allowed for mobile vending on
the Commons.
From an unknown time period before the modification of Chapter 170 in 2009, the issuance of
peddler and solicitor's licenses was handled by the Police Department. After Chapter 170 was
changed, this duty was moved to the Superintendent of Public Work's office.
In 2010, during a discussion of a request to vend in Collegetown and an investigation of the
geography of the area, the Board agreed that Collegetown is not an ideal area to allow mobile
vending carts or trucks due to the narrow sidewalks and parking limits. Current city staff has
received requests for on- street mobile vending over the years. Most interest has been for the
Collegetown area.
"An Equal Opportunity Employer with a commitment to workforce diversification."
Board of Public Works
Page 2 of 5
March 7, 2012
Current Policy and City Code
At some time in the past, it was decided to stop allowing mobile vending outside of the
Commons. At that time, the only mobile vending trucks that were in operation were "The Hot
Truck" and "Louie's Lunch." These two businesses were "approved" to stay at their locations as
long as they remained in business and followed the City's rules. The City, however, would not
allow any other "hot trucks" to set up on city streets.
"Mobile Vending Cart Regulations," City Code Chapter 157, regulates vending for the
Commons only. It states the City Clerk may issue agreements for vending at specific locations,
according to the Mobile Vending Map. This chapter also explains application requirements,
vendor responsibilities and rules of operation. This article is attached as Exhibit A.
Chapter 170, "Use of City Real Property," provides general regulations for the use of city
property and licensing requirements. This code is attached as Exhibit B.
Chapter 232 -40, "Peddling and Soliciting," sets the rules and regulations for anyone wanting to
sell items by going from house to house or from a public street. However, selling prepared food
from a mobile vending cart or vehicle is exempted from this code and is referred to Chapter 170,
"Use of City Real Property." Chapter 232 -74, "Transient Merchants," also pertains to temporary
retail businesses, but exempts the sale of food products.
Food concessions is listed in Chapter 336, "Parks and Recreation." It states that "no person shall
sell, vend or otherwise dispense food or drink for pay on any park area without first obtaining a
vending permit or concession agreement from the Superintendent of Public Works..."
Current Procedures for Vending inside and outside the Commons
At this time, a vendor may apply for either a Seasonal license (April 1 through October 31) or an
Annual license (April 1 through March 31) for vending on city -owned property. For special
events outside of the Commons, there is a $60 per day fee with no more than five consecutive
days allowed. All applicants must submit a security deposit of $100 with their application. The
license fees for outside the Commons are $400 for Seasonal and $500 for Annual. Inside the
Commons the license fees are $938 and $1,125, respectively, for the standard location size.
Larger locations are extra; retail vending is also available on the Commons.
The application for vending (either inside or outside the Commons) contains a lot of information
for the business owners, including rules of operation, other permits that may be required, and
Fire Code Regulations. The Mobile Vending license does not allow for vending during special
events on the Commons such as the Chili Cook -Ofd Ithaca Festival, or Apple Harvest Festival.
For outside of the Commons, the vendor must provide at least two proposed locations to set up.
These locations are reviewed and if they are denied by the Superintendent, the vendor must
provide other locations for review.
Board of Public Works
Page 3 of 5
March 7, 2012
Policies from other Cities
Below is a summary of several mobile vending programs that are currently in effect in a number
of U.S. cities:
Albany, NY— This city allows food and flower vending in Capitol Park (Washington Avenue or
State Street) from April through November. The city requires a Health Department inspection, a
copy of all insurance certificates (including vehicle insurance), drivers abstract from NYSDMV,
a full menu and a signed agreement by the owner. The city also works with the merchants in
Capitol Park to establish rules and regulations, and they meet regularly to discuss issues such as
aesthetics, safety, cleanliness and monitoring.
Boston, MA — Chapter 17 of Boston's City Code contains information about "Permitting and
Regulation of Mobile Food Trucks." This program is very extensive and includes everything
from rules, regulations, and enforcement, to the application process. Boston also keeps a
database of mobile vendors, their locations, and a schedule of when they are at each location. A
map can be found on the city's website that shows the locations of each vendor.
Cincinnati, OH— In 2010, the city passed an ordinance implementing the Downtown Mobile
Food and Beverage Vendor Pilot Program. There are two separate permits available: Sidewalk
Vending Permit and Mobile Food and Beverage Truck Vending Permit. For the Sidewalk
Vending Permit, vendors are assigned a single location in the public right -of -way in the Central
Vending Districts. For the truck vending permit, the vendors may sell from several locations
within the Central Business District.
Oakland, CA — Since 2001, the city has had a mobile food vending program, though it was
strictly regulated and local restaurants strongly opposed the program. In 2011, the Council
revitalized the program by creating "food pods," groups of two or more mobile vendors clustered
at a single location. Oakland designated specific locations within the city for vending, which are
shown on a map on their website. They also require permits for vending on private property,
though there is less regulation of those businesses.
San Francisco, CA — The city created a permit program for Mobile Food Facilities in 2010. One
requirement for new facilities is to mail a Notice of Intent to all businesses, residential tenants
and property owners that are within 300 feet of the proposed mobile vending location (business
owner must provide location requests). Public comment is then received for 30 days. The
application also requires a drawing of the Mobile Food Facility (food truck or pushcart) with
measurements to ensure there is enough room for patrons.
Attached as Exhibits C and D is the "Report on Food Trucks" from Boston, and "Comparative
Practices and Stakeholder Feedback for Mobile Food Vending Policies in Oakland." Both
reports include information from other cities along with recommendations.
Board of Public Works
Page 4 of 5
March 7, 2012
Suggestions for Policies and Procedures for Ithaca
Below are some of my thoughts and ideas for the creation of a pilot mobile vending program
within the City of Ithaca:
1. Indicate on a map the areas within the city that mobile trucks /food carts would be allowed
within each neighborhood (or voting district).
2. Note which locations on the map would allow late night vending. (i.e. 10 p.m. to 2 or 3 a.m.)
3. Determine the maximum number of trucks /carts allowed for each region in the city.
4. Require any changes in operation to be noticed to the city in writing.
5. State specific enforcement policy. (i.e. list penalties)
6. Limit food trucks from setting up within certain vicinities of competing businesses (i.e. 200-
300 feet). Specify "off- limit" areas in the policy.
7. Trucks should be limited to 2 -3 individual locations with the city per week or day. (i.e. one
truck sets up in the morning at one location, moves to a second location in the afternoon, and
potentially a third location in the evening, depending on policy development).
8. Allow mobile vending trucks to utilize the parking around DeWitt Park, as the Farmer's
Market is allowed to occupy the parking spaces and sidewalk around the park two days per
week. (Not Farmer's Market days, Tuesday and Thursday)
9. Require permits for trucks /carts located on private property to ensure the city does not allow
a competitor within close proximity to them.
10. Encourage healthy food choices in mobile vending (i.e. fresh fi-uits & veggies)
11. Require mobile truck/cart businesses to be aligned /partnered with a "commissary" or brick -
and -mortar restaurant for purposes of safe food preparation (required by Tompkins County
Health Dept.)
List of Possible Stakeholders
The following is a list of city staff and community organizations that may potentially be involved
in developing this program:
• Allen Green, Youth Bureau Director
• Bill Gray (or designee), Public Works
Board of Public Works
Page 5 of 5
March 7, 2012
• Board of Public Works (at least 2 representatives)
• Common Council (at least 2 representatives)
• Cornell University, Facilities Management representative
• Downtown Business District representative
• Ed Vallely (or designee), Police Department
• Jim D'Alterio, Cass Park Director
• JoAnn Cornish (or designee), Planning Dept. & Collegetown Development
• Julie Holcomb, City Clerk & Commons Vending
• Tim Logue, Traffic Engineer
• Tom Parsons (or designee), Fire Department
• Tompkins County Health Dept.
• United Way representative, for collaboration with non - profits
City of Ithaca, NY
Article IV. Mobile Vending Cart Regulations
§ 157 -21. Location.
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City of Ithaca, NY
Friday, March 2, 2012
The Commons Advisory Board is authorized to determine appropriate locations where vending shall take
place. The City Clerk's office shall maintain and make available to the public a map of approved vending
locations.
§ 157 -22. Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts, tables, and tents
must be removed from the Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who wish to
operate outside regular hours must obtain permission from the Commons Advisory Board.
§ 157 -23. Agreements.
A. The City Clerk may issue agreements for mobile vending on the Commons pursuant to the Mobile
Vending Map, which is approved by the Commons Advisory Board annually. The City Clerk may
refuse to issue an agreement:
(1) If there are no eligible vending sites available for that season.
(2) To any applicant who fails to satisfy the application requirements.
(3) To any applicant who violated the terms of a mobile vending agreement the previous vending
season.
B. Application requirements.
(1) Completed applications for vending agreements with corresponding fees shall be received and
considered by the City Clerk.
(2) Rates for mobile vending shall be set by the Commons Advisory Board in consultation with the
Board of Public Works.
(3) A description of the type of merchandise to be offered for sale.
(4) Price list of items being sold.
(5) A description of the cart or table layout to be used.
(6) Proof that the applicant has complied with the established regulations of the Tompkins County
Health Department, Ithaca Fire Department and other appropriate state, federal and local laws
and regulations applicable to the vending business.
(7) A certificate of liability insurance naming the City of Ithaca as additional insured.
(8) Proof of worker's compensation or New York State Worker's compensation waiver form
completed.
(9) Applicants shall demonstrate that they have a New York State sales tax certificate at all times
while they are vending.
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(10) A written description of waste disposal plans for trash, water, grease, and other materials.
(11) Proof of 501(C)(3) designation, if applicable.
(12) Copy of IFD permit for solid, liquid or gas-fired cooking/heating appliances.
(13) The City Clerk may require additional information from the applicant if deemed necessary.
(14) Whenever a name or address provided by the vendor on his or her agreement or application
changes, he or she shall notify the City Clerk within 10 days of the change.
C. Mobile vending agreements. Upon receipt of a completed application, the City Clerk will draft a
mobile vending agreement to be signed by the applicant. The signed agreement shall be reviewed
by City staff, and once approved will be forwarded to the applicant.
D. Security deposit. A refundable security deposit is required for all vendors. All sites are subject to
periodic review, and the deposit will be refunded upon final site inspection by the Department of
Public Works at the end of the agreement period. If grease or other stains are found at the vending
site, the Department of Public Works shall make arrangements with the vendor for clean up within
a specified time period. If the site is not cleaned up within that time period, the Department of
Public Works will clean the site and will subtract the fee from the security deposit. If additional
costs are incurred, the vendor will be billed accordingly.
E. All fees are nonrefundable unless the site is reassigned to another vendor. In that case, the fees will
be proportionately refunded.
F. Requested site location. Sites are listed on the Mobile Vending Map. Site preference consideration
will first be given to seasonal applicants, second to returning vendors, and then on a first -come
basis. If two returning seasonal vendors request the same site, the site will be awarded on a
first -come, first -served basis.
§ 157 -24. Vendor responsibility.
A. Vendors receiving agreements shall:
(1) Comply with all laws, ordinances and regulations applicable to their business.
(2) Refrain from operating carts after agreements expire and when the agreements are suspended or
revoked.
(3) Surrender their agreements promptly upon their revocation or suspension.
(4) Display a copy of their New York State sales tax certificate on their cart.
(5) Defend, indemnify, save and hold harmless the City of Ithaca from any and all acts of
negligence arising from the vendor's use of the Ithaca Commons and shall be so duly insured in
the minimum amount of $1,000,000.
B. The vendor will not discriminate against any employee, applicant for employment, subcontractor,
supplier of materials or services, or program participant because of actual or perceived: age, creed,
color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital
status, national origin, race, religion, sexual orientation, socioeconomic status, or weight.
§ 157 -25. Rules of operation.
The following are the mobile vending rules of operation:
A. Vending sites are 10 feet by 10 feet in size, and vendors are required to keep all of their equipment
within their assigned site. On specially marked "expansion" sites, the site may expand to 20 feet by
20 feet in size for an increased fee.
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B. Vendors shall not block or inhibit pedestrian traffic or allow emergency vehicular traffic to be
impeded because of vending operations.
C. All sites are open to retail and food vending except for the sites specifically marked NF (No food
vendors).
D. Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the
Commons Advisory Board.
E. Vending carts must be attended at all times.
F. Tents with one or two sides and canopies are allowed during the summer season only and must be
removed daily. Off - season, monthly vendors require special permission from the Commons
Advisory Board for the use of tents.
G. All carts, tents and canopies must be removed from the vending site at the close of business each
day.
R Food vendors must maintain the submitted food menu throughout the agreement period unless
special permission is granted by the Commons Advisory Board.
I. Smoke and/or odors produced by the cooking of foods on a mobile vending cart must be vented,
filtered or disposed of in a comparable manner so as to reasonably prevent the release of odor or
particulate matter into the surrounding environment.
J. Vendors are responsible for trash and waste disposal. Vendors shall provide a container for trash and
litter attached to their carts. Vendors shall be responsible for the removal of litter or trash placed in
their containers. No dumping is allowed in City trash cans, grates, storm sewers, or other areas.
K. Vendors shall keep public spaces within a ten -foot radius of their cart clean and free from paper,
peelings, oil and grease spills and refuse of any kind generated from the operation of their cart.
L. No music, amplified sound, or repetitive noise that can be heard outside of the vending site may be
played by the vendor.
Ni If a vending site remains vacant for three consecutive weeks without notification to the City Clerk's
office, it will be considered abandoned and re- assigned.
N. An additional permit for driving on the Commons is required for the purposes of loading and
unloading before 9:00 a.m. and after 9:00 p.m., and is available from the City Clerk's office.
O. The City reserves the right to move vendors for necessary maintenance and repairs on the
Commons.
P. The City does not provide water or electric service to mobile vendors.
Q. All vendors shall cooperate with City of Ithaca and Ithaca Downtown Partnership employees.
§ 157 -26. Suspension or revocation of agreement.
A. The City may terminate a mobile vending agreement at any time without cause, in which case the
contractor shall be reimbursed for the period of time that would be remaining on the agreement if
the agreement were not terminated before expiration.
B. If the agreement is terminated for cause, the agreement period shall end immediately, and no
refunds will be issued. Notice of proposed suspension or revocation of an agreement for mobile
vending shall be given in writing, setting forth specifically the grounds of the complaint. The
vendor shall have a right to a hearing on the proposed revocation or suspension before the CAB no
sooner than 10 days after requesting such a hearing. Grounds for termination include, but are not
limited to:
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(1) Violation of the rules of operation.
(2) Fraud, misrepresentation or false statements on the application.
(3) Fraud, misrepresentation or false statements made in connection with the selling of
merchandise.
(4) Violation of any ordinances, regulations or laws applicable to the holder of such an agreement.
(5) Conduct of the business permitted 'in an unlawful manner or in such a way as to constitute a
menace to the health and safety of the public.
C. The CAB shall have the right to terminate or reinstate the agreement. Such decision shall become
effective immediately.
D. Any applicant whose agreement is revoked under this regulation may not reapply for another
agreement until the expiration of one year from the date of revocation.
§ 157 -27. Ithaca Festival and other events.
Notwithstanding the above, permits to sell on the Commons or to operate mobile vending carts granted
pursuant to this chapter shall exclude days on'which it is expected that the Ithaca Festival or other events
sponsored by the Ithaca Downtown Partnership will take place on the Ithaca Commons. A listing of these
events and dates shall be maintained by the City Clerk. Vendors interested in vending during special events
for an additional fee should contact the Ithaca Downtown Partnership or Ithaca Festival offices for
information regarding vending requirements.
§ 157 -28. Exceptions.
Persons holding a license issued by the Tompkins County Clerk to vend under the status of a United States
Armed Forces Veteran pursuant to § 32 of the General Business Law, to the extent legally permitted, shall be
required to abide by all regulations except those concerning fees.
§ 157 -29. Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Ithaca Commons may appeal such
decision to the Commons Advisory Board. Such appeal shall be submitted in writing to the City Clerk's
office within 10 days from the date of denial. The Commons Advisory Board may act to sustain the original
decision or to revise it, with or without conditions.
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Chapter 170. USE OF CITY REAL PROPERTY
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City of Ithaca, NY
Wednesday, March 7, 2012
[HISTORY Adopted by the Common Council of the City of Ithaca as Ch. 33 of the 1975 Municipal
Code; amended in its entirety 5 -6 -2009 by Ord. No. 2009 -05. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Building code enforcement — See Ch. 146.
Commons — See Ch. 157.
Peddling and soliciting — See Ch. 232, Art. V
Newsracks — See Ch. 237.
Signs — See Ch. 272.
Streets and sidewalks — See Chs. 285 and 342.
Zoning — See Ch. 325.
§ 170 -1. Purpose; nonapplicability to transitory and certain other uses.
A. The purpose of this chapter is to establish a uniform City policy for treatment of requests to
encroach upon or use City -owned land, structures or air space in an ongoing manner.
B. This chapter is not intended to address transitory use of City -owned real property (if such type
of use is normally intended and otherwise lawful), such as for public parking or loading and
unloading. Nor is it intended to address certain uses of a temporary nature (as that term is
defined herein), including circuses, carnivals, parades, concerts, special events (per se) or similar
uses, or temporary street openings or sidewalk repairs, or the placement of public art or
newsracks upon City land (all of which are addressed by other provisions of this Code). Nor is it
intended to provide sole regulation of certain other uses, such as outdoor dining or mobile
vending. (See § 170 -6 of this chapter for reference to other provisions of this Code applicable to
the regulation of such temporary or certain other uses.)
§ 170 -2. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall
have the meanings indicated:
AWNING
An object extending from the facade of a building which may be rolled up or retracted.
AWNING, STANDARD
A nonstructural addition to the facade of any building which is covered in fabric or other flexible
membrane, where the fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material and which is capable of being rolled up or retracted to within one foot of the
face of the structure to which it is attached. Such standard awning must not be capable of projecting
from the face of the structure upon which it is mounted more than four feet from the face of the
structure and be no taller than four feet. The standard awning must be mounted on the face of the
structure to provide for an unobstructed clearance below the rigid frame of the standard awning of at
least seven feet above the sidewalk below. A nonrigid valance may hang no greater than one foot
below the rigid frame.
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CANOPY
An object extending from the facade of a building that has a rigid framework and cannot be rolled up
or retracted.
CANOPY, STANDARD
A nonstructural addition to the facade of any building which is covered in fabric or other flexible
membrane, where the fabric or membrane is supported by a rigid frame of tubing or other
noncombustible material and which is constructed so that it cannot be retracted. To qualify as a
standard canopy, a canopy may not project more than four feet from the face of the structure upon
which it is mounted, may be no taller than four feet and must be mounted on the face of the structure
to provide for an unobstructed clearance below the rigid frame of the standard canopy of at least eight
feet above the sidewalk below. A nonrigid valance may hang no greater than one foot below the rigid
frame.
ENCROACHMENT
An encroachment upon City land occurs when an ongoing, nontransitory use, structure or
improvement, associated with or exclusively or primarily for the benefit of an adjacent or proximate
landowner or another person or entity other than the City, is established, erected or maintained upon
City property, whether on, beneath or above the surface of the ground. For the purpose of this
chapter, encroachment includes but is not limited to buildings, fences, steps, walls, parking areas,
signs, awnings, canopies, cellar entrances, coal holes, service openings, marquees, sidewalk elevators
or hoist way openings or sidewalk vaults, docks, mobile vending carts, and maintenance of tables for
outdoor dining within the public right -of -way, and shall also include such driveways as, in the opinion
of the Superintendent of Public Works, are so constructed or used as to create a permanent or
continuously recurring obstruction to the normal use of any public street or sidewalk or other land in
the ownership of the City of Ithaca. Notwithstanding the foregoing, a temporary, freestanding, portable
sign used to advertise a business on primary or secondary Ithaca Commons (which is regulated
pursuant to Chapter 157 of this Code) shall not be construed to be an encroachment for the purpose
of this chapter.
ENCROACHMENT, MINOR
An encroachment that affects no more than 40 square feet of area of City -owned land, and is not a
mobile vending cart. If an encroachment involves a fence or wall, or a freestanding structure (such as
a sign) that is located wholly or partially on City land, the area of encroachment shall be defined as all
that area in City ownership between the outer face of the fence, wall or structure (for its full length)
and the nearest property line of the encroaching owner (or, if the person or entity responsible for the
encroachment is not an adjacent property owner, the nearest boundary of the City property
encroached upon).
LEASE
A written contract between the City and another person or entity allowing the use of City -owned real
property and establishing the conditions therefor. The lessee may or may not be the owner of real
property adjacent to the land intended to be leased.
LICENSE
Written proof of permission to use City -owned real property for a temporary period of time not to
exceed one year (absent renewal), subject to revocation by the City if such property is subsequently
required for public purposes. Permission to encroach upon adjacent City -owned property is granted
pursuant to a revocable license.
MOBILE VENDING
The use of City property for maintaining in a temporarily stationary condition a portable vehicle, cart,
table or other such device, from which items for purchase by members of the public are dispensed.
OUTDOOR DINING
The use of City property for the outdoor placement of tables and seats intended for the service and
consumption of food or beverages by members of the public, for which a fee is charged.
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PERMIT
Written proof of permission to use City -owned real property for a short period of time in no case
exceeding one year (and typically for shorter duration).
PUBLIC STREET
Includes the entire publicly -owned right -of -way for a street and any public sidewalks and curb lawns
associated with the street.
TEMPORARY
Typically more than transitory, but, unless otherwise specified herein, not exceeding five days in
duration, and not recurring more than four times in a year. (Notwithstanding the provisions of this
chapter, a temporary use may be subject to additional regulation pursuant to other provisions of the
Code.)
TRANSITORY
Of fleeting or very limited duration and impact, typically not exceeding approximately one or two
hours and often of shorter duration.
§ 170 -3. Easement, lease, license or permit required; exceptions.
No person (who is not acting on behalf of the City of Ithaca or other authorized governmental agency),
whether or not as adjacent owner or tenant, or agent for the same, shall create, erect or maintain or
knowingly permit the creation, erection or maintenance of any encroachment or use that is not excepted
by § 170 -1, above, in, upon, over or beneath any public sidewalk, street or other real property owned by
the City of Ithaca, without first obtaining and keeping in effect the appropriate, written easement, lease,
license or permit therefor, from the appropriate City official, agency or board.
§ 170 -4. Authorization by permit, license, lease or easement for ongoing use of City real property.
The following types of authorization shall be used in the implementation of this chapter:
A. Permit (typically for seasonal or other short-term use; revocable) for:
(1) Outdoor dining;
(2) Mobile vending; or
(3) Temporary, exclusive (or semi - exclusive) use of City parkland or natural area (e.g., pavilion
reservation, filming, scientific project).
B. License (for up to one year, and /or revocable upon less than a year's notice; subject to other
conditions) for:
(1) Encroachment (by adjacent owner), including merchandise display;
(2) Use by a nonadjacent party;
(3) A sign; or
(4) Concessionary use of public parkland.
C. Lease (where applicant is not an adjacent property owner, or applicant seeks a term of use or
occupancy that exceeds one year; limited, by state law, to three years for parkland).
D. Easement, may be temporary (e.g., for adjacent construction) or permanent (for a pipeline or
access), and subject to conditions; runs with the benefited land.
§ 170 -5. Authority to grant approval for use of City property; no entitlement to approval.
A. The authority to grant approval for a permit for a use located on the primary or secondary Ithaca
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Commons (for outdoor dining, mobile vending, events, exhibits, freestanding signs and
temporary planters) is and shall be vested in the Commons Advisory Board or its designee,
subject to the provisions of Chapter 157, Commons, of this Code.
B. The authority to grant approval for a permit for outdoor dining or for a mobile vending cart or
vehicle at a location other than the primary or secondary Ithaca Commons is and shall be vested
in the Superintendent of Public Works or his/her designee (for example, the City Clerk).
C. The authority to convey a permanent easement across or involving City land is and shall be
vested in the Common Council, and no such easement shall be issued without the Council's
approval.
D. The authority to grant approval for a lease for use of City property is and shall be vested in the
Common Council, except that the Board of Public Works is hereby authorized to enter into
nonrenewable leases for a term not to exceed one year, of non -park property not currently used
or needed for other City purposes, consistent with the provisions of § 20, Subdivision 2 -a, of the
General City Law of New York State.
E. The authority to grant approval for temporary and exclusive (or semi - exclusive) use of City
parkland or a City natural area shall be vested in the Superintendent of Public Works (or his/her
designee).
F. The authority to grant approval for a license for any other use of or encroachment upon City real
property (except for an encroachment upon parkland, or as otherwise specified herein) or for a
temporary easement (not exceeding one year) is and shall be vested in the Board of Public
Works. No such license or temporary easement shall be issued without a determination that the
property is not currently used or needed for other City purposes, and a majority vote to approve
or authorize the same, by the Board of Public Works.
G. The authority to grant approval of any easement across or license to encroach upon or make
nontransitory use of parkland shall be vested solely in the Common Council.
H. The granting of any permit, license, lease or easement hereunder shall be solely at the discretion
of the authorized officer, agency or board of the City of Ithaca, as set forth above. Nothing
herein shall be construed to require the granting of such permit, license, lease or easement, nor
shall any person be presumed to be entitled to such permit, license or lease, for any reason. The
granting of any particular permit, license, lease or easement shall not be deemed to create a
precedent binding upon any other application.
§ 170 -6. Applicability of other Code provisions.
A. The leases, licenses and permits provided for by this chapter shall be in addition to any permit
required by Chapter 146, Building Code Enforcement, or other provisions of this Municipal
Code or applicable laws, rules or regulations of the City of Ithaca or State of New York, and
shall not release any person from any duty or liability imposed by the State Uniform Fire
Prevention and Building Code or any other applicable provision of this Municipal Code or others
laws, rules or regulations of the City of Ithaca or State of New York.
B. Requests for encroachments associated with City tax parcels 70. -5 -1 and 70. -2 -22, and
encroachments that project beyond the line established by the pedestals that project from the
building at tax parcel 70.-4 -5.1, running easterly along the face of the building at tax parcel
70.4-5.1 and continuing past tax parcel 70.4-4 to the intersection of South Aurora Street, shall
be reviewed by the Fire Chief prior to granting.
C. The placement of public art upon City-owned property is regulated by Chapter 5, Public Art
Commission, of this Code, rather than by this chapter.
D. Requests for permits for parades, certain types of assemblages, and special events (that are not
more than temporary, as that term is defined herein) are addressed in Chapter 132, Assemblies
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and Parades of this Code, rather than in this chapter.
E. Requests for permits for circuses or carnivals are addressed in Chapter 155, Circuses and
Carnivals, of this Code, rather than in this chapter.
F. Requests for outdoor dining, mobile vending and certain other uses on the Ithaca Commons are
also subject to the regulations set forth in Chapter 157, Commons, of this Code.
G. Requests for licenses for peddling and soliciting are addressed in Chapter 232, Licensing of
Businesses and Occupations, Article V, of this Code, rather than in this chapter.
H. The placement of nwsracks upon City sidewalks is regulated by Chapter 237, Newsracks, of
this Code, rather than in this chapter.
I. Requests for permits for temporary street openings, sidewalk and driveway repair, and use of a
street or sidewalk during construction or demolition, are addressed in Chapter 342, Streets and
Sidewalks, of this Code, rather than in this chapter.
§ 170 -7. Application procedure.
A. Any person seeking or requiring an easement, lease, license or permit for the use of City real
property for outdoor dining at a location other than on the primary or secondary Ithaca
Commons, mobile vending at a location other than on the primary or secondary Ithaca
Commons, merchandise display adjacent to that person's business, at a location other than the
primary or secondary Ithaca Commons, temporary, exclusive (or semi- exclusive) use of City
parkland or natural area, concessionary use of City parkland, or any other use of City real
property (including land, structure or air space) that is not excepted from regulation herein by
§ 170 -1 of this chapter, shall complete and submit to the Superintendent of Public Works a
written application in the form provided by the Department of Public Works, together with any
required documentation and application fee. If an applicant fails to provide a required
application fee, the applicant shall be notified that the application will not be processed until the
fee is received.
B. Any person seeking or requiring a permit for outdoor dining on the primary or secondary Ithaca
Commons, or mobile vending on the primary or secondary Ithaca Commons, or merchandise
display adjacent to that person's business, on the primary or secondary Ithaca Commons, shall
complete and submit to the City Clerk a written application in the form provided by that
department, together with any required attachments and application fee. If an applicant fails to
provide a required application, documentation or fee, the applicant shall be notified that the
application will not be processed until the fee is received.
C. The Superintendent or City Clerk may require the applicant to provide a copy of a survey or
other appropriate drawing showing an existing or proposed encroachment, or requested use.
D. The Superintendent shall determine whether an application is properly treated as a request for a
temporary easement, permanent easement, lease or license, and whether it involves the use of
public parkland.
E. The Superintendent shall determine whether the requested encroachment or use interferes with
any public works functions or needs, and whether any conditions should be attached to any
granting of an easement, license or lease.
F. With regard to any application for a license related to the properties listed in § 170 -613 above (or
other such properties so identified by the Fire Chief), the Superintendent shall provide a copy of
the same to the Fire .Chief, for review and recommendation.
G. The Superintendent and the City Clerk shall provide a copy of any easement, lease, license or
permit application, together with any attachments, the Department Head's determination
regarding interference with public works functions, and any recommended conditions, to the
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City Attorney, for review.
H. The City Attorney shall determine whether there are any legal issues involved with the
application.
I. An application may be denied by staff on the basis of a public works, public safety,
environmental or legal concern, or if the proposed use would not be in the public interest. In
that case, the applicant shall be notified in writing of the denial and the reasons therefor, and of
the right to resubmit a modified application or to appeal the denial. (See § 170 -7L, below.)
J. If an application for a license or temporary easement is not denied by staff, the City Attorney
shall prepare a proposed resolution to grant the license, including a description of any conditions
to be associated with the license, for consideration by the Board of Public Works, and the
Superintendent shall cause the resolution to be placed on the agenda of the next meeting of the
Board at which time allows for such consideration.
K. If an application for a permanent easement or a lease is not denied by staff, the City Attorney
shall submit the application to the Mayor, together with any staff recommendations, for
consideration by Common Council.
L. An appeal of a staff denial of an application for a lease, license, easement or permit shall be in
writing, must include copies of the application (and any attachments) and the denial notice, and
the grounds for the appeal, and shall be submitted to the Mayor within 15 days of the applicant's
receipt of such denial. If the Mayor grants the appeal; the application shall be remitted to the
Board of Public Works or the Common Council, as appropriate per this chapter, for
consideration. In any case, as noted above, whether to grant such application shall be in the sole
discretion of the City.
§ 170-8. Location of encroachment or use restricted; removal.
In no case shall any encroaching structure or thing or permitted use be erected or maintained within 24
inches of the curbline or of any portion of a public street or right -of -way that is used for vehicular
travel. The Superintendent of Public Works shall have the power and authority to effect the immediate
removal of any encroachment or use which projects closer than 24 inches to such traveled way, such
removal to be accomplished by the most expeditious means, at the Superintendent's discretion; and in the
instance when such removal is made by or on behalf of the City, the permittee or owner benefited by
such encroachment shall be liable for full reimbursement of the City's cost of removal of the same,
together with the cost of restoration of the site to a safe and appropriate condition and an administrative
surcharge of 25 %.
§ 170 -9. Form and terms of all licenses and permits.
A. A license for encroachment or permit for other use of City land shall be in the form of a legally
binding agreement signed by the City and by the owner of the encroaching property or other
user or permittee. Such license or permit shall specify the name, address and contact information
of the person to whom the license or permit has been issued, the location of the premises and
the encroachment(s) or use(s) permitted. Each license shall cover only the encroachment(s)
associated with one adjacent lot.
B. The City, through the Mayor or Superintendent, specifically reserves the right to revoke any
permit or license if conditions warrant. Each license is revocable by the City in the event of an
emergency, or upon no more than three months' notice (or such other period as is specified in
the license or permit) to the licensee or permittee or upon failure of the licensee or permittee to
comply with any term in the license or permit. Sufficient reasons to revoke a license or permit
include but are not limited to insufficient maintenance by the licensee or permittee such that the
encroachment or permitted use is rendered unsafe; or changes in the use of streets or sidewalks
such that the encroachment or use has been rendered a public nuisance. The Superintendent
shall notice the owner of the encroachment or permittee of the decision to revoke the license or
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permit and shall fix a reasonable time for removal of the encroachment or use, by the licensee
or permittee, that is appropriate to the reason for the removal. Any person aggrieved by a
decision of the Superintendent may file an appeal with the Board of Public Works, within 15
days of the receipt of the removal notice. The revocation notice shall include notification to the
encroachment owner of the right to appeal and the time limitation for commencing an appeal.
C. A licensee or permittee may terminate a license or permit upon prior written notice to the
Superintendent of at least 30 days. Such termination shall not relieve the licensee or permittee
from any continuing obligations specified in the license or permit (such as restoration of the
occupied site). Any prorated refund of the use fee for time not used due to the termination shall
be contingent upon satisfaction of all conditions of the license.
D. Terms that shall be incorporated into any license or permit shall also include but are not
necessarily limited to the following:
(1) The licensee or permittee shall be required to keep in place at all times personal injury
liability insurance coverage, in the sum of at least $1,000,000 (or other appropriate amount
as required by the City), upon the owner's property and the encroachment or use, at the
owner's sole cost, and shall ensure that the City is named therein as an additional insured.
The owner shall provide proof of such insurance coverage at the time of issuance of the
license, and of the continuation of such coverage, on an annual basis, as required by the
license or permit.
(2) The licensee or permittee shall be required to indemnify and hold harmless the City from any
loss, injury, damage or claim arising out of the use of the encroachment or the City property
encroached upon or due to the negligence or fault of the owner in connection with the
encroachment or permitted use, including any costs or reasonable attorney's fees incurred by
the City in its defense against such claims.
(3) The licensee or permittee shall be required to maintain the encroachment or permitted use in
good, sound, serviceable condition, such that it poses no safety hazard to users of adjacent
public areas and is consistent with the requirements of § 170 -8 herein, and to repair any
encroaching or permitted structure or thing, as directed by the City, or to remove it, within
the time stipulated. The owner shall be required to agree that in the event of the owner's
failure to repair as directed or remove, the City may repair or remove the encroaching
structure or thing and to invoice the owner for the cost, plus an administrative surcharge of
25 %.
(4) Every licensee shall be responsible for restoring the site used pursuant to the license or
permit to its prior condition, upon the conclusion of said use or upon termination of the
license or permit, which first occurs. Any damage to the site or any trash, litter or debris
remaining on the site following said use shall be presumed to have been caused by the
licensee or permittee, and, if the licensee or permittee fails to rebut said presumption or to
repair the site or remove the materials, within five days of notice to do so, a charge may be
levied upon the licensee or permittee, by the City, for the cost to remove the materials, plus
an administrative surcharge of 25 %.
(5) A license for encroachment shall be transferable to a new owner of the adjacent property
served by the encroachment. A permit is not transferable without the City's consent.
§ 170 -10. Fees for permits, licenses and easements; duration of licenses; appraisal and appeal
processes.
A. Application and renewal fees. A schedule of application and (where relevant) renewal fees for
the easements, licenses and permits described in and regulated by this chapter shall be
established and modified from time to time by the Board of Public Works, by resolution, except
that the application fee for a sign permit shall be established pursuant to Chapter 272 of this
Code. Such application fees shall be nonrefundable. A renewal fee shall be required only if the
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expenditure of additional, nonegligible City staff time or resources is required in connection with
the renewal. Until such schedule is initially established by the Board of Public Works, the
application and renewal fees for the uses regulated herein, that were in place immediately prior
to the amendment of this chapter (and of Chapters 232 and 285) on May 6, 2009, shall remain
in effect.
B. Annual use fee for a license or permit; incorporation of cost of any property taxes assessed as a
result of such use; procedure for appeal of appraised value. Commencing January 1, 2010, and
except as otherwise provided for herein, the annual use fee for a license or permit to use City
land, unless waived, shall be based upon the fair rental value of the encroached -upon land or the
type of land to be occupied pursuant to the permit, as such value is determined by the City or
its approved agent, through an appraisal process conducted at least once every five years (which
process shall be subject to approval of the Board of Public Works), and shall include the cost of
such appraisal (which the City may, in its discretion, apportion over a period of years or a
number of similar properties), and the City's cost of administering the license or permit. The City
may apply the same rate (per square foot) for all properties of a similar type (e.g., any outdoor
dining or mobile vending cart on the primary Ithaca Commons, or on a particular block). In the
event that reappraisal does not occur in a timely manner, the fair rental value shall be presumed
to remain the same as determined, by the City, for the fifth year since the previous appraisal
process, until modified by a new appraisal. The use fee for a permit for outdoor dining, mobile
vending or merchandise display shall be prorated, based on the portion of the year for which the
permit is granted. The annual use fee shall be due upon the initial issuance of a license or
permit, and by or upon the anniversary date, in the event of a renewal. In the event that the
tax- exempt status of the premises to be licensed is affected as a result of the licensed use, any
property taxes assessed against the City for the premises shall be incorporated into the annual
fee for the license year following the reclassification of the premises for tax purposes. Any
license or permit holder shall be entitled to dispute and appeal the fair rental value as
determined by the aforementioned appraisal process, by describing in writing and in detail the
grounds for such dispute, which appeal shall be considered and determined by the Board of
Public Works within 45 days of its submission to the Superintendent of Public Works. Until
January 1, 2010, all annual or other fees for the uses of City property regulated herein, that
were in place immediately prior to the amendment of this chapter (and or Chapters 232 and 285
of this Code) on May 6, 2009, shall remain in effect.
C. Waiver or other prorating of annual use fee. The annual use fee:
(1) Shall be waived for a minor or temporary encroachment;
(2) May be waived or modified, in the sole discretion of the Board of Public Works, in certain
cases, including but not necessarily limited to those where the City is not inconvenienced or
constrained by the existence of the encroachment, where the encroachment has existed for a
substantial period of time without objection by the City, and /or where the value of the
encroached -upon land to the City appears to negligible;
(3) May be prorated (at the discretion of the involved Department Head) where the licensee or
permittee, on notice to the City, terminates the use prior to the expiration date of the license
or permit.
D. At the discretion of the City, the annual use fee schedule may be adjusted for each year (or
portion of a year) that the license or permit is renewed, by an amount up to the amount of the
increase in the consumer price index since the establishment or previous change in the fee
(whichever is more recent). Such adjustments may be made for up to four years without a new
or updated appraisal. If the City does not notify a licensee or permittee, in writing, of an
adjusted fee, by February 1 of any year, the fee for the previous year shall apply.
E. All licenses and renewals thereof (not including permits) shall expire on the first day of April in
each year following their date of issuance or renewal, it being the intention that such licenses
and renewals thereof shall be valid for a period not to exceed one year.
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F. If a licensee does not notify the City, in writing, by March 1 of a subsequent year of the
licensee's intention not to renew the license, and the City does not notify the licensee by March
1 of a subsequent year of its intention not to renew the license, the license shall be deemed to
be renewed for the subsequent year, and the annual use fee for such renewal period, unless and
until the license is duly terminated by the licensee, shall thereby become due and payable. In the
case of permits for outdoor dining or mobile vending, there shall be no automatic renewal of
such permit; such permit shall be deemed to be expired unless a new application therefor has
been submitted and approved.
G. In the event that the annual use fee for a renewed license remains unpaid for more than one
month after the renewal date, the City Chamberlain shall notify the licensee and (if different)
the adjacent, encroaching property owner of the delinquency. Any annual use fee for a license
that remains unpaid at the next lien date for City taxes, notwithstanding such notice, shall
thereupon become alien against the adjacent real property of the licensee (or, as the case may
be, of the licensee's landlord), and may be collected as provided by law.
§ 170 -11. Form and terms of leases and easements.
Where the use of City land requires a lease or permanent easement (pursuant to this chapter), such lease
or easement shall be in the form of a legally binding agreement signed by the Mayor and the tenant or
easement beneficiary, and shall be drafted and /or reviewed by the City Attorney prior to execution. The
terms of such leases and easements shall be particular to the situation, for reasonable and proper
consideration, and, unless otherwise specified herein (or by Common Council), subject to the approval of
Common Council.
§ 170 -12. Merchandise displays.
A. Permit required for use of sidewalk or street. No person shall place, suspend or cause to be
placed or suspended any goods, wares or merchandise in any public sidewalk or street in front
of or alongside of his/her /its place of business, except upon written application for and approval
of a permit (subject to the conditions specified in Subsection C, below) by the following:
(1) For property that is part of the Ithaca Commons: the Commons Advisory Board, pursuant to
Chapter 157 of this Code;
(2) For other property:
(a) For temporary use (not to exceed four days in any six-month period): the Superintendent
of Public Works or his/her designee;
(b) For nontemporary use: the Board of Public Works.
B. Factors to be considered. In considering whether to grant such approval, the Commons Advisory
Board or the Superintendent may, in their discretion, consult with other appropriate City officials
and boards, and shall consider the following factors:
(1) Whether the proposed display will be set up in a manner that maintains sufficient space for
unencumbered pedestrian passage along the sidewalk ;
(2) Whether there will be adequate supervision of the display by the business;
(3) Whether all appropriate safety concerns are addressed;
(4) Whether the display will be removed from the public street or sidewalk at the close of the
hours of operation of the business.
C. Conditions.
(1) No permit shall be issued for a period in excess of one year.
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(2) Any permit may include such additional conditions which the issuing official or body may
deem necessary or appropriate.
(3) All permits shall be subject to the fees set forth in § 170 -10, above.
§ 170 -13. Awnings, signs, canopies, marquees and other building projections.
A. The provisions of this section shall be enforced by the Building Commissioner and, as applicable,
the Fire Department.
B. Any person who seeks to construct, install or maintain an awning, canopy, sign, marquee or other
building projection such that it constitutes an encroachment upon City property, shall require a
license, as described herein. Any such awning, canopy, sign, marquee or other building
projection for which an application for construction, installation or substantial replacement is
received, after the effective date of the amendment of this chapter that was enacted on May 6,
2009, shall also require a building permit from the Building Commissioner and shall be subject to
the provisions of this section. The Building Commissioner may require the submission of
drawings or other materials prior to ruling on the request for such a building permit.
C. Awnings.'No person shall place or maintain any awning over any sidewalk unless the same shall
be supported by metal rods and a frame. Every part of such awning and the supports therefor
shall be at least seven feet above the sidewalk except for a nonrigid valance hanging no more
than one foot below the rigid frame. Following the granting of a license for encroachment, the
installation of a standard awning (See defmition. Editor's Note: See § 170 -2, Definitions. ) shall not
require the review of any other City agency other than the Building Commissioner, except for
installations normally within the purview of the Ithaca Landmarks Preservation Commission or
which are associated with properties described in § 170 -613, above.
D. Signs; signs on awnings or marquees.
(1) Generally. No person shall place or maintain over or above any street in front of or alongside
of his/her building or lot any sign which shall project over or above said street more than 18
inches from the building face, as provided in Chapter 272, Signs.
(2) Signs on awnings or marquees. Signs giving the name of a business or establishment
occupying the premises to which an awning or marquee is attached may be placed on the
front and sides of such awning or marquee. The symbols constituting such signs shall be
painted, sewn, welded, bolted or otherwise securely attached to such awning or marquee and
may be movable as in the case of movie marquees. The area required for such signs shall be
considered to be a part of the total sign area which may be allowed the premises on which it
is located, as set out in Chapter 272. Such signs shall not project more than 18 inches from
the surface of the awning or marquee on which they are mounted, nor shall they in any
instance project beyond the limits set forth in § 170 -8, above.
(3) Fees for signs on awnings or marquees. Signs added to or erected on awnings, marquees or
other projections from any building shall be subject to the regular permit fees for signs so set
forth in Chapter 272. Where any such sign projects from the surface of any such marquee,
awning or other projection which, in itself, constitutes an encroachment as defined herein,
each such projecting sign shall be considered to be an additional encroachment and shall be
subject to any applicable annual use fee as provided for in § 170 -10, above.
E. Marquees, canopies and other building projections; location and installation specifications.
(1) Marquees or canopies with a structural metal framework may be placed over the entrances
and fronts of stores, theaters and hotels and may extend to within 18 inches of the curb only
on streets where the sidewalk occupies the entire space from the building line to the curb.
The top, front and sides of such structures may incorporate wire glass, shatterproof glass or
other safe transparent or translucent material intended to admit light to the sidewalk below
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or to allow illumination of any sign attached to or behind the front or sides of the marquee.
The lowest edge of any marquee, canopy, sunscreen or other projection shall not be less than
9.5 feet above the sidewalk, provided that the lowest edge of any portion of any marquee or
canopy that is located within four feet of the building shall not be less than eight feet above
the sidewalk. Such structures must be securely fastened to the building, supported as to
outward projection by means of the rods or chains securely fastened both to the structure of
the marquee or canopy and to the structure of the building above it. Ornamental iron or steel
brackets may also be included in the design of such marquees and may extend down on the
wall of the building to a point not less than eight feet above the sidewalk at the wall of the
building. Electric lights may be used in the illumination of marquees.
(2) The installation of a standard canopy (See definitions. Editor's Note: See § 170 -2, Definitions. )
shall not require the review of any City agency other than the Building Commissioner,
except for installations normally within the purview of the Ithaca Landmarks Preservation
Commission or which are associated with the properties described in § 170 -613, above.
F. Conditions prerequisite to installation and operation of awnings, canopies, marquees or other
building projections. A condition of any permit granted by the Building Commissioner for an
awning, canopy, marquee, or other projection shall be that, upon removal of the encroachment,
any damage caused by its installation shall be repaired to restore the building's historic facade to
its original and /or its historic condition.
G. Disapproval of design by the Building Commissioner; appeal. Should the Building Commissioner
disapprove the design of a proposed awning, canopy, marquee or other building projection, for
any reason, he /she shall notify the applicant by the most expedient means, stating the reasons
for such disapproval. In the event that no agreement on an acceptable design is reached between
the applicant and the Building Commissioner, the applicant shall have the right to appeal the
Building Commissioner's decision to the Planning and Development Board, unless the property
in question has been designated an historic landmark or is within an historic district, in which
event the appeal shall be to the Ithaca Landmarks Preservation Commission. In issuing its
determination, the Planning and Development Board or the Ithaca Landmarks Preservation
Commission, as the case may be, may solicit the opinions of the Superintendent of Public
Works, the Police Chief, the Fire Chief or the Director of Planning and Development.
§ 170 -14. Penalties for offenses.
Any person who violates any provisions of this chapter shall be punished as provided in Chapter 1,
General Provisions, Article I, Penalties, of this Code.
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BOS'TONTA.
CONDM AD.
�."._ 10:10. 1t-,
REPORT ON FOODTRUCKS
A Multiple City Analysis and Report of Site Visit to Los Angeles
Presented by Councilors Michael P. Ross and Salvatore LaMattina
Fall 2010
CONTENTS
Introduction...........................................................................................
3
Regulations...........................................................................................
4
NewYork, New York ...........................................................................
4
Austin, Texas .....................................................................................
4
Houston, Texas ...................................................................................
4
Los Angeles, California ........................................................................
4
San Francisco, California ......................................................................
5
Chicago, Illinois ...................................................................................
5
Recommendations for Boston .................................................................
6
LicenseCapacity ..................................................................................
6
Proximity to Other Businesses ...................................................................
6
Off-Limit Zones ...................................................................................
. 6
Mobility.............................................................................................
6
Charitable Components ..........................................................................
7
Environmental Considerations ...........................................................
...... 7
Private Property Regulations ....................................................................
7
Clustering.................. .....................................................................
_7
Commissaries......................................................................................
7
Otherregulations ..................................................................................
7
Conclusion...........................................................................................
7
INTRODUCTION
It was the summer of 2008 in Los Angeles,
California. Morris Appel was having a drink
with his friends to discuss a new idea. Mark
Manguera and Roy Choi, who had met
while working together in a Los Angeles
hotel, were looking for new career paths as
they confronted a rapidly down - turning
economy. The team believed that they could
offer Los Angelians a gourmet and
affordable late -night treat at the close of
bars when hungry patrons emerged looking
for a tasty snack. Appel was skeptical. He
and his family had been in the mobile food
industry (or the "roach- coach" business as
he affectionately refers to it) for years,
operating out of a downtown commissary
that serviced a majority of the construction
coffee and lunch crowd for decades. A Los
Angeles native, he was well aware of his
city's history of taco trucks - mostly serving
the Mexican and Latin areas - but gourmet
food trucks? He wasn't so sure.
Nonetheless, not wanting to let down his
friends, he leased them a truck complete
with a refrigerator, stove and grill. They
wrapped the truck in bright lettering with
their business name and menu, and "Kogi's
Korean Taco Truck" was born.
Kogi Food Trucks
For the first four months, the Kogi team was
barely surviving. Eight -hour days would
result in sales of only 60 dollars. Appel
encouraged the team to keep "building their
route." Years of driving construction routes
taught him that it takes time to grow a
clientele and this was no different. Tired,
broke and otherwise jobless, the Kogi team
had no choice but to hang on.
Then something wonderful happened to
them.
L.A. Weekly food writer and Pulitzer Prize
winner Jonathan Gold was covering a
celebrity appearance when he happened
upon the Kogi truck. He ordered one of their
now famous Korean Barbecue Tacos and
fell in love. After that - as Appel describes it
- "it was all over." Thus began the Food
Truck revolution that has resulted in cities
across America and throughout the world
launching a new industry; the arrival of a
Food Network television show, several
pending books, and a cult -like following of
chef celebrities who make cameo
appearances in other cities with their
delicious rolling restaurants. It has also
been the cause of municipal and state
government regulation - some too much and
others not enough.
As this relatively nascent industry suddenly
explodes across the country and
internationally, cities like Boston who have
yet to create ground rules for an industry on
the horizon are in the enviable position to
learn from other's successes and failures.
The gourmet food truck industry is the
sudden intersection of entrepreneurial
innovation, technology - enabled mobility, a
down - turned economy where value is
premium, and the latest fad. But it is an
industry that is here to stay. For the
customer it represents an urban adventure
where for under ten dollars one can read a
tweet or follow their mobile GPS to their
favorite food - a night out at a fraction of the
price. To the entrepreneurial chef owner it
represents an opportunity to open a
restaurant at a fraction of the price than it
does to open one that is brick and mortar.
For the regulator, if done correctly, it
represents an opportunity to bring fun and
Page 3 of 7
Report on Food Trucks 2010
excitement to a city; and jobs and revenue
to a struggling economy. The following
report represents the observations of two
City Councilors on the current gourmet food
truck industry and recommendations to
move forward.
Oh, and the Kogi team? They are now on
their seventh truck. On average patrons
wait in line for over forty -five minutes to get
their Korean Taco. In his first year they
grossed $2 million. They employ dozens of
workers and contribute heartily to the local
economy. For example, each month they
spend $100,000 in beef purchases alone.
REGULATION
The precipitous growth of the gourmet food
truck industry in Los Angeles from zero to
hundreds in just over two years caught the
city off -guard and should serve as a warning
for undue delay in forming regulations here
in Boston. Los Angeles' attempt to
introduce regulations after the fact has not
gone well. Incremental ordinances have
been the subject of political sparring
between City Hall and the industry, and
recent litigation successfully reversed
recently enacted laws. For all its efforts,
City Hall has not achieved effective changes
or regulations to the industry. Simply said,
Los Angeles grew too quickly without input
from city agencies that could have better
shaped the industry and resulted in a better
product for all.
The following is a synopsis of the various
regulatory controls of the cities we
reviewed:
New York, New York
New York is perhaps the most densely
populated city and has the most food trucks
in the country. The City has capped since
1979 the number of mobile food vendor
permits at 3,100 (including carts) and there
has been some discussion to raise this to
25,000. Some sources say that there are
some 10,000 food trucks in New York City.
New York has actually stopped issuing
permits and instead collects names on a
waiting list. Those that expire are turned
over to people on a waiting list. This
environment has created a black market
which illegally transfers ownership of
existing permits.
Austin, Texas
Their website devotes an entire page to
help entrepreneurs identify what laws apply
and what permits they need to operate a
food truck business. Generally, their
ordinance allows for the operation of food
trucks in commercial areas and within 50
feet of residential areas between the hours
of 6AM and 10PM, with some exceptions
depending on location allowing for operation
between 10PM and 3AM.
Houston, Texas
Houston allows the operation of food trucks
at both fixed locations and as mobile food
units. Mobile food trucks are given
medallions which authorize their operations.
In Houston, an applicant who is seeking
approval to operate a food truck must
submit a plan that identifies the locations
where they will serve food. Any change in
their operations with regard to these
locations must be noticed in writing to the
City of Houston.
Los Angeles, California
County, not city, government issues the public
health regulations for all food trucks.
Regulations require regular scheduled
inspections of the trucks as well as
unannounced random inspections. The City of
Los Angeles is now looking to implement a
permit system for all vendors. Los Angeles
has a very active food truck scene that adds
prolifically to the city's charm. The Los
Angeles City Council has faced significant
hurdles in implementing proper regulations
and had a 2006 ordinance that had restricted
the parking of food trucks in residential and
commercial areas to 30 minutes and 60
minutes, respectively, overturned by the LA
Superior Court. According to the City
Councils Chief Legislative Analyst office, the
Page 4 of 7
Report on Food Trucks 2010
remaining provisions of the municipal code
pertaining to food trucks are more or less
unenforced.
San Francisco, California
San Francisco food trucks have been
extremely successful and the industry has
benefited from a recent city ordinance that
coordinates multiple agencies, including the
city health department, public works
department and the Bay Area Rapid Transit
(BART). Moreover, the permitting process
takes into serious consideration the
environmental impact of food trucks and
requires operators to develop and implement
"Good Neighbor Policies" that ensure a
positive, quality experience for members of
the community.
Chicago, Illinois
Chicago has not yet adopted an ordinance to
regulate the food truck industry. The local
government is still addressing concerns that
existing restaurants have around the impact
that food trucks may have on their
businesses, concerns of citizens around food
safety, and issues around food sanitation and
city cleanliness. Their proposed ordinance
limits food trucks from the vicinity of
competing businesses — between 100 and
200 feet of such establishments — and even
goes so far as requiring consent of the
business owner to be within a certain range.
Number of Ford Trucks in Cities Researched
City
Population
Number of Trucks
New York, NY
8,391,881
3,100 - 10,000"
Austin, TX
786,386
1,043 *'
Houston, TX
2,257,926
1,000
Los Angeles, CA
3,833,995
3,500
San Francisco, CA
1815,35 8
100* **
Chicago, IL
12,851,268
6- 10""
' r:cludes carts, esurnatad number
"2,198 estimated by 10. -11
"'not including push carts
"'Crd ranee n formation
Page 5 of 7
Report on Food Trucks 2010
RECOMMENDATIONS FOR
BOSTON
Several regulations observed from other
cities make sense for Boston. Boston
should also grandfather those trucks that
have been on our streets for years as there
are very few of them and after - the -fact
regulations would be unfair.
License Capacity
Most cities have found that overgrowth of
the industry is not good for the vendors or
the city. Los Angeles' sudden growth
prevented proper regulation and resulted in
such direct competition on the street that
there are stories of food truck workers
getting into physical altercations with each
other to jockey for
positions on the
street. The number
of trucks varies by
city and should
depend on
populations and
geographical
space.
Boston, with its
population of
630,000 people,
may be more
content with a
California Public smaller number
Health Permit when fully built out.
In the meantime,
the best advice has been to phase in the
number so as to grow gradually. In its first
year, Boston should limit its growth to a
maximum of 25 trucks. This will allow us to
learn as we grow. As other cities have
learned, you can easily add more it is
virtually impossible to pull back.
Proximity to Other Businesses
Boston should create a distance limitation
requirement from 50 to 200 feet from brick
and mortar restaurants, particularly if the
truck is serving the same product. It hardly
would be fair to allow a cupcake truck to
park directly outside a cupcake store and
this is a reasonable area of regulation.
Off -Limit Zones
Boston has, and should protect, a number
of areas where trucks would not work well.
These areas should be listed in any
ordinance and should include but not be
limited to: residential neighborhoods, areas
with narrow streets and /or sidewalks where
pedestrian access could be compromised,
certain streets where vehicles and
pedestrian access is at a premium and the
addition of food trucks may exacerbate
conditions (such streets may include
Hanover and Newbury Streets, for
example).
Mobility
It is important to allow trucks the ability to
move around the city. After all, they are
trucks. Furthermore, the industry operates
hand -in -glove with mobile GPS devices
and Twitter feeds, which drive customer
participation. Boston should consider
forming an industry governed task force with
city official representatives to work out
zone /location
sharing so that all
trucks have
equitable
opportunities to
compete in prime I
areas of our city.
The city may also GrllledC
publicly bid Z436S Halt ease iRubJe
p
certain remium A °9e1ps, ce 90
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locations for I ^go�,�
extended periods.
vi °w "' °^ °Hems
The industry task f_>
force should
agree no later
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than the first MatI I Lis® eITS fJA
KJnne ng se Pnt (1.
month of having
been licensed on iPhone application for
standard GPS the Grilled Cheese Truck
vendor products in Los Angeles
so that customers
and city regulators need not use multiple
platforms to know where trucks are at any
one time. Such information should be made
Page 6 of 7
Report on Food Trucks 2010
available to the computing public for
application development and industry uses.
Charitable Components
Chicago's proposed ordinance includes a
provision that requires each truck to partner
with a non - profit and serve nutritious meals
twice a month for no fewer than two hours
each time. Boston could also enact
legislation that directs proceeds of the truck
permits to be directed to a particular
initiative such as implementing nutrition
programs in our public schools.
Environmental Considerations
New York has recently allowed "green"
energy - efficient trucks to skip the waiting
list. Boston should consider doing the
same, as well as other advantages for
sustainable businesses.
Private Property Regulations
Today Boston regulates brick and mortar
restaurants on private property. It should
also do so for food trucks. Reasonable
regulations that prevent circumvention of
rules via private property should be
implemented. Therefore all current
applicable zoning provisions should apply
Clustering
When multiple trucks cue up concurrent to
each other, they form an imposing wall that
blocks views and access to the block face
and canyonizes the pedestrian realm. The
number of trucks should be limited on any
one -block face to prevent such an
occurrence.
Example of clustering in Los Angeles
Commissaries
All cities require food trucks to be connected
to a food commissary. Some cities have
exempted food trucks affiliated with existing
restaurants. Boston should require the
same but require non - commissary
applicants to be affiliated with an
accountable restaurants and to submit a
plan as to the filling and emptying of water
and gray water respectively; as well as
other cleaning and maintenance protocols.
A commissary in Los Angeles
Other regulations
Boston should join other cities in requiring
trucks to file a restroom plan, which
essentially is an agreement with a bricks
and mortar location that provides access to
facilities for employees. External elements
to trucks, like accessory seating, should not
be encouraged.
CONCLUSION
Boston has an opportunity to learn from the
strengths and weaknesses of other cities'
legislation and roll out sensible regulations
to welcome food trucks to our public realm.
As the industry begins to grow, Boston
should move swiftly in its implementation of
regulations. The Council should continue to
work with the administration and pass
legislation that will help this new and
exciting industry grow, create jobs and bring
revenue to Boston in a manner consistent
with those best practices identified in this
report.
Page 7 of 7
Report on Food Trucks 2010
COMPARATIVE PRACTICES AND STAKEHOLDER FEEDBACK
FOR MOBILE FOOD VENDING POLICIES IN OAKLAND
Masters Policy Report
By Sonya Rifkin
Prepared for the City of Oakland Planning Department
Mills College Public Policy Program
May 2, 2011
EXECUTIVE SUMMARY
Introduction
Street food, or "mobile food vending," offers city dwellers fast and affordable meal
options, and creates opportunities for small business ownership, especially among
immigrants and low- income residents. Led by a taskforce convened by the planning
department, the City of Oakland is in the process of updating its mobile food vending
regulations to encourage community and economic development and meet the demand
for vending in various areas of the city.
Oakland has a strong mobile food vending tradition centered in and around the Fruitvale
district. In 2001, the Oakland City Council created the Pushcart and Vehicular Food
Vending Pilot Programs, which was made permanent in 2004. Specific streets between
Lake Merritt and 105th Avenue in East Oakland are open to pushcart vendors on the right -
of -way, and vehicular vendors on private properties.
This report presents findings from two studies: vendor and merchant feedback on current
policies, and a comparative practices study of mobile food vending practices in seven
North American cities.
Assessment of the Current Mobile Vending Program: Vendor and Merchant
Feedback
Three discussion groups were convened to discuss the successes and challenges facing
stakeholders in the current program area. The groups were comprised of pushcart
vendors, vehicular vendors, and merchants from the Fruitvale Business Improvement
District.
Primary vendor concerns
1. Inadequate enforcement of unlicensed vendors
2. Access to more locations citywide, in general
3. Pushcart saturation in current program area
4. Excessive separation requirement between vendors and restaurants
5. Complex and unclear permitting and regulatory processes
Primary merchant concerns
1. Inadequate enforcement of unlicensed vendors, especially compared to restaurant
inspection levels
2. Use of tables and chairs by vehicular vendors
3. Saturation of pushcart vendors on certain blocks or areas
Comparative Practices Study of Mobile Food Vending Policy in Seven Cities
The second study focuses on key areas of mobile food vending policy in seven cities, in
order to 1) Assess the range of regulatory and administrative practices in those areas
under consideration by the City of Oakland and 2) Identify approaches to new vending
configurations, such as clustering, and how they may affect the vending landscape.
The following cities were included: Cleveland, Los Angeles, New York City, Portland,
San Francisco, Seattle, Toronto. The cities reflect a range of practices and local
characteristics.
The main findings are summarized here:
Standard permits: Public Health Permit, City Business License or Business Tax
Certificate, and City Vending or Sidewalk Use Permit.
Strategies to maintain desired density of vendors:
1. A separation requirement, or buffer, between mobile food vendors, demonstrated in
three cities
2. A limit on the number of permits issued in a given area, demonstrated in one city.
Permit limits can address congestion up -front, reducing the burden on vendors and
enforcing agencies to address problems as they arise.
Three types of design review
1. Structural elements
2. Location diagrams /site plans
3. Aesthetic design review
Types of separation requirements
1. Vendor -to- vendor
2. Vendor -to- restaurant
3. Vendor -to- street elements
Restricted areas: Mobile vending may be prohibited in certain areas, either by street or
district. This was only done in two cities in the study.
Downtown locations and bidding: Bidding or RFPs to encourage downtown vending,
with some assistance in the form of loans or business development.
Strategies to encourage vendors clusters
1. Group site permit for multiple vendors, with or without a site manager
2. Special event or short-term permits, for non - permanent or mobile clusters
3. Special efforts to establish vending on vacant or underused lots
Addressing brick - and - mortar restaurant concerns
1. Prohibit locations within a stipulated distance of any restaurant
2. Prohibit locations within a stipulated distance of business entrances or doorways:
3. Prohibit locations near "like" businesses
4. Require notification of businesses within stipulated number of feet, followed by
complaint period and public hearing
5. No specification
Departments with partial jurisdiction over enforcement: Police Department, Department
of Public Works, Bureau of Development Services, Department of Transportation.
Strategies to encourage healthy food vending: