Chapter 7.30
MOBILE FOOD UNITS
Sections:
7.30.015 Mobile food units allowed.
7.30.020 Mobile food units on public property.
7.30.035 Penalty for violation.
7.30.005 Purpose.
The city of Halsey recognizes that mobile food units bring value to the community. The purpose of this chapter is to provide persons who operate mobile food units with clear and concise regulations to prevent traffic and health risks and to preserve the peace, safety, and general welfare of the public. [Ord. 442 § 1, 2022.]
7.30.010 Definitions.
“Mobile food unit” means any vehicle or trailer in which food is prepared, processed, or converted or which is used in selling and dispensing food to the public. [Ord. 442 § 1, 2022.]
7.30.015 Mobile food units allowed.
Mobile food units may be placed and operated on private property with the following requirements:
(1) The mobile food unit must have all required licenses from Linn County and the state of Oregon displayed where customers can see them.
(2) The mobile food unit must have permission from the owner of the property in writing and be able to produce it if requested.
(3) The mobile food unit and any associated signage must fit entirely on the privately owned property and cannot infringe on the 15-foot vision clearance triangle near an intersection.
(4) Mobile food units must not be located where they will block any public facilities such as sidewalks, bike racks, ADA facilities, or entrances to parking lots or buildings.
(5) There must be room to pull vehicles off the roadway so that hazardous traffic conditions are not created. Once off the roadway, there must be adequate room for vehicles to park.
(6) Power cords must not be run across the public right-of-way or across pedestrian or vehicular access lanes.
(7) No mobile food unit is authorized to use the city’s storm drainage or wastewater system to dispose of anything.
(8) All trash must be contained during the period of operation in receptacles provided by the mobile food unit or by the property owner. All trash and debris within a 25-foot radius of the mobile food unit must be removed at the end of each daily period of operation.
(9) No operator or employee of a mobile food unit shall enter a traffic lane to conduct business with any persons in motor vehicles.
(10) No operator of a mobile unit shall violate any federal, state, or local ordinance, statute, or regulation. [Ord. 442 § 1, 2022.]
7.30.020 Mobile food units on public property.
Mobile food units may be placed and operated on city owned property only in specific locations and subject to the following rules and restrictions:
(1) Mobile food units may be placed adjacent to the park on the east side of West 3rd Street between West M and West O Streets, and in the parking lots at City Hall only with permission from the city.
(2) Mobile food units may not be parked on public property in any other area of Halsey.
(3) Mobile food units wishing to park on public property must register with the city of Halsey by submitting an application and signing an agreement at least 48 hours in advance.
(4) Mobile food units on public property must comply with the regulations in HMC 7.30.010.
(5) Mobile food units must carry liability insurance and must submit a certificate naming the city of Halsey as additional insured.
(6) Public spaces are available on a first come, first served basis, and the city reserves the right to deny use of the space at any time for any reason. Reasons may include other events, holidays, conflicting need for parking or space, previous reservations, or similar.
(7) If a mobile food unit fails to comply with the regulations of this chapter, they may no longer be eligible to register to operate on public land in the city of Halsey. [Ord. 442 § 1, 2022.]
7.30.025 Exemption.
This chapter does not apply to nonpublic events. Nonpublic events are those in which only the participants, support staff, and invited guests are served food. [Ord. 442 § 1, 2022.]
7.30.030 Severability.
The invalidity of any section, subsection, paragraph, sentence, or phrase of this chapter shall not affect the validity of the remaining portions thereof. [Ord. 442 § 1, 2022.]
7.30.035 Penalty for violation.
A violation of any provision in this chapter is a civil infraction, punishable by a fine not to exceed $500.00 per incident, plus court costs and other costs associated with enforcement.
Each day’s violation of this chapter constitutes a separate offense, for which a separate penalty may be imposed. [Ord. 442 § 1, 2022.]