Council considers food truck regulation ordinance

June 23, 2014 7:20 PM

City Planner Dana Hazen presented a proposed ordinance regulating food and retail trucks in the City of Mountain Brook at the City Council meeting on June 23.

The ordinance would limit mobile vending on primary commercial streets in the villages. The ordinance states that food trucks must operate at least 50 feet away from any existing restaurant or outdoor dining areas when the restaurant is open, and at least 10 feet away from intersections, crosswalks, fire or police stations, fire hydrants and other mobile vendors. It also does not allow a vendor to operate for more than three continuous hours.

Hazen researched how other cities are addressing food trucks to develop this current draft.

Mobile vendors have been operating in the city since 2012. The city has issued mobile vendor licenses to eight businesses including Shindigs, Melt, Spoonfed Grill, Our Ice Cream, Hole in One Donuts, Rapicci's Italian Ice, Birmingham Fashion Truck and Gypsy Blue Fashion Truck.

Hazen had presented an earlier draft of the ordinance at the June 9 City Council meeting. During that meeting, council president Virginia Smith had asked for an addition provision excluding retail merchant trucks from vending in public right-of-way but allowing them on provide property with the property owner’s permission.

City council representative Jesse Vogtle had announced Hazen’s forthcoming regulation draft at the Mountain Brook Chamber of Commerce board meeting on June 19.

“We think it’s not great when retailers park in front of retailers,” Vogtle said, noting that truck vendors don't pay property taxes to the city. “They come in and sell their wares and leave.”

Vogtle further said that the city does not want merchant retailers but that some people think restaurant trucks provide added value and that they want them in Mountain Brook.

“There is a strong sentiment that something needs to be done with it,” Vogtle said. “It’s here to protect our existing businesses.”

The full text of ordinance draft is below.

During the meeting, the Council also:

Approved a request for an additional $2,400 for construction administration for the Safe-Routes-to-Schools project from Nimrod Long of Nimrod Long & Associates.
Approved permission to use a right-of way for a proposal to beautify and landscape the four corners of Mountain Brook Parkway and Overbrook Road by Nimrod Long. Tommy Luckie had contacted City Manager Sam Gaston after the wall on his corner lot was partially knocked down, and his neighbor Nimrod Long offered to donate landscape design around the walls and hoped a Boy Scout troop could help the city with the project. Luckie offered to donate $500 toward the project.
Approved adding a streetlight to Mountain Brook Parkway at the pedestrian crossing signals east of Cahaba Road as well as an upgrade of existing lighting on this street to brighter, more direct lights. These would cost an additional $1,500 a year, which is still within street lighting budget for the city, according to City Manager Sam Gaston. This project was initially presented by Leadership Mountain Brook students.
Reappointed Billy Angel1 to the Tree Commission with a term to end May 9, 2017.
Held a public hearing to consider an ordinance amending Section 109-32 of the City Code (Residential Code) regarding the waiver of certain replacement fenestration provisions. The Council delayed its decision to ascertain a better understanding of what the amendment would do regarding window glass and screened porches.
Held a public hearing to consider an amendment to The Park at Overton Residential Infill District (RID) master development plan. It would provide for consolidation of two lots into one and limiting the development to 18 or fewer lots to allow for the future consolidation of lots without Council approval. The amendment was passed.
Considered prohibiting the operation of any mechanically powered lawn equipment for commercial purposes within a residential district between 6 p.m. and 8 a.m. This would amend Section 34-7 of the City Code to Announcement. Bryan Word, president of Blackjack Horticulture, requested that they be allowed to start working around 7 a.m. on weekdays instead. Clay Ragsdale, a resident of Cove Drive, said that the issue is predominately about leaf blowers.

The next regular City Council meeting will be July 28 at 7 p.m. in the Council Chamber of City Hall, 56 Church Street. On July 14 at 7 p.m., the Council will hold a public hearing on to consider an ordinance amending the mixed use master development plan for at 1930 Cahaba Road in English Village where Vino and Gallery 1930 are currently located.

Mobile Vending Ordinance Draft

City of Mountain Brook

June 16, 2014

Public Right-of-Way Sales

Types of Wares permitted for sale: Food and beverage

A valid City business license must be secured; a copy of which is to be retained in the mobile vehicle, along with a copy of the County Health Department certificate.

A mobile vehicle is permitted one moveable freestanding sign not to exceed 2 feet x 3 feet. Umbrellas and awnings attached to the mobile vehicle are allowed. Tents are prohibited.

Movable chairs, tables and umbrella are permitted, but must comply with ADA requirements allowing passage on sidewalks.

Refuse containers shall be provided by the vendor on or within 15 feet of the mobile vehicle; and it shall be the responsibility of the mobile vendor t o clear the area o f debris after vending.

City trash/recycling receptacles may not be used for mobile vending operations or for related customer-generated refuse.

Mobile vending hours of operation shall be limited between 6:00 a.m. and10:00 p.m.; and the mobile vehicle may be at any one location for no more than 3 continuous hours (including set- up and take-down o f mobile vending operation).

Noise is limited to 70 decibels.

Mobile vending in the right-of-way shall only occur from the side of a mobile vehicle that is parked abutting and parallel to the curb and sidewalk, and may only occur where a sidewalk is adjoining the parallel parking space.

Mobile vehicles shall comply with all City parking and traffic regulations.

Any power required for the mobile vehicle shall be self-contained. The mobile vehicle shall not draw its power from the public right-of-way. No power cable or equipment shall be extended at grade or overhead across any public street, alley or sidewalk.

A minimum 50' separation shall be required between the mobile vehicle and the front door/entrance to any existing restaurants and related outdoor dining areas (measured to the closest dining table). This rule only applies when such restaurant is open for business.

10' separation required from intersections, crosswalks, fire stations, police stations, and fire hydrants and other mobile vendors.

Private Property Sales

Types of Wares permitted for sale: Any retail item permitted in the Local Business zoning district.

The property on which mobile vending is proposed must be zoned Local Business, Mixed-Use, Commercial Shopping, Office Park or Professional.

The mobile vendor must provide to the City written expressed consent from the owner to use the business property on which mobile vending is proposed; and must retain a copy in the mobile vehicle, along with the City business license and Health Department certificate.

Refuse containers shall be provided by the mobile vendor on or within 15 feet of the mobile vehicle; and it shall be the responsibility of the mobile vendor to clear the area of debris after vending; refuse shall not be placed in any private container without expressed written consent of the property owner.

City trash/recycling receptacles may not be used for mobile vending operations or for related customer-generated refuse.

Mobile vending shall not obstruct the use o f any street intersection or pedestrian crosswalk, shall not impede the ingress or egress of any driveway, and shall not obstruct pedestrian space.

Mobile vehicles shall not be left unattended or stored at any time when vending is not taking place or during restricted hours of operation.

Mobile vending hours of operation shall be limited between 6:00 a.m. and 10:00 p.m.; and the mobile vehicle may be at any one location for no more than 3 continuous hours (including set- up and take-down o f mobile vending operation).

Noise limited to 70 decibels.

A mobile vehicle is permitted one moveable freestanding sign not to exceed 2 feet x 3 feet which must be contained on the private property. At no time shall any signage be placed within the public right-of-way.