LOCAL LAW NO. OF 2023, TO ESTABLISH A NEW CHAPTER 16
OF THE CODE OF THE TOWN OF ORANGETOWN (“ORANGETOWN CODE”)
TO BE ENTITLED “FOOD TRUCKS.”
Be it enacted by the Town Board of the Town of Orangetown, as follows:
Section 1. Recitals and Legislative Intent
Notwithstanding the provisions contained in Chapter 18, entitled Hawking and Peddling, of the Code of the Town of Orangetown (“Orangetown”), regulating soliciting, vending, hawking and peddling within Orangetown, it is hereby found and determined that a limited number of permits for mobile food vendors, i.e., “food trucks,” should be allowed to provide the residents and visitors to Orangetown additional options for dining and the purchase of edible commodities, irrespective of the regulations of Chapter 18. It is further found and determined that, in an effort to protect the health, safety and welfare of the residents and the consuming public, the operation of food trucks should be limited to a relatively small number, with the food truck permits being granted on a periodic basis, the operation of which should be further regulated to ensure adequate location, accommodation and safe operation.
Section 2. Adoption of new Chapter 16 en titled “Food T ru ck s ”
A new Chapter 16 is hereby inserted into the Code of the Town of Orangetown (“Orangetown Code”) to read as follows:
Chapter 16. Food Trucks.
The purpose of this Chapter is to regulate food trucks within the Town of Orangetown (“Orangetown”) in a manner that protects the public health, safety and welfare, and this Chapter describes the permitting procedures for food trucks, and is intended to operate in conjunction with the regulations of Chapter 43, entitled “Zoning,” of the Code of the Town of Orangetown (“Orangetown Code”); however, if there should be a conflict or inconsistency between the provisions of this Chapter and Chapter 43, the provisions of this Chapter shall control and govern.
The following terms shall, for the purposes of this Chapter, have the meanings described in this Section:
A self-contained mobile food and/or beverage service operation located in an easily movable motor vehicle, cart, stand or trailer (“vehicle”), within, and from which, ready-to-eat food and/or beverages for human consumption are prepared, cooked, wrapped, packaged, processed or portioned, and sold, purveyed, dispensed or distributed, in individual portions to the general public, for consumption on or off of the premises at which the vehicle is located, which vehicle may be self-propelled, or towed or pushed by another vehicle or person.
Any one of the following is a food truck operator, which may be a natural person, a business entity, a company, an association and/or an organization (“person or entity”): (i) the owner(s) of the food truck; (ii) the owner(s) of the business, or food/beverage service establishment, operating out of the food truck; and/or (iii) any person or entity exercising dominion and control over the food truck. A food truck operator may also be referred to in this Chapter as, and includes, a person or entity that operates a food truck.
16-3. Permit required.
A. It shall be unlawful for any person or entity to operate a food truck within Orangetown without having obtained a Food Truck Permit for such purpose in accordance with the provisions of this Chapter.
B. Any person or entity desiring to operate a food truck shall submit a written application for a Food Truck Permit, at least 10 business days prior to event, which shall be signed and notarized with an attestation of truth and accuracy, to the Orangetown Office of Building, Zoning and Planning Administration and Enforcement (“OBZPAE”); which application shall be made on forms provided by OBZPAE, and shall include the information and documentation required by this Chapter, and any additional information or documentation that the Director of OBZPAE and/or an Orangetown Fire Inspector may reasonably require in her/his discretion within the purpose, intent and spirit of this Chapter, in addition to the following items:
(1). Full legal name, preferred contact phone number and email address, home street address, and the business’s street address and mailing address (if different), of the food truck operator(s), as defined in this Chapter.
(2). A description and photograph of the food truck, including, if the food truck is a motor vehicle, the license plate and registration number, VIN number, and the year, make and model, of the motor vehicle, and its dimensions (length and width).
(3). A valid copy of the County of Rockland (“County”) Health Department mobile food service establishment and/or foodcart permit, if such a permit is required by the County (“County permit”).
(4). The street address of the private property at which the food truck will be located; and the private property owner’s full legal name, whether a person or entity, preferred contact phone number and email address, and street address and mailing address (if different); and, if the private property owner is an entity rather than a natural person, then the full legal name, preferred contact phone number and email address, and street address and mailing address (if different), of the principal of the entity is also required.
(5). A signed and notarized owner consent form from the private property owner authorizing, consenting and allowing the location of the food truck on the property.
(6). A sketch site plan, which shall include details sufficient to demonstrate compliance with this Chapter.
(7). The application fee in accordance with the fee schedule established by the Town Board
of the Town of Orangetown (“Town Board”).
C. OBZPAE shall approve and issue a food truck permit if:
(1). The applicant demonstrates compliance with the requirements of this Chapter;
(2). the required food truck permit fee has been paid;
(3). no municipal or governmental code violations, or notices of violation, are pending on the property at which the food truck will be located;
(4). the property at which the food truck will be located lies entirely within a Zoning District that allows commercial or non-residential uses as per Orangetown Code Chapter 43 (Zoning);
(5) the food truck is in full compliance with all applicable codes, rules and regulations of the Uniform Fire Prevention and Building Code of New York State, and the National Fire Protection Association (NFPA); and
(6) a valid County permit submitted with the application.
D. Food truck permits shall only be issued for the following lengths of operation, provided that, in no event, shall a permit be issued to expire later than the County permit (if a permit is required by the County):
(1). Seasonal permit: six months.
(2). Daily permit: four consecutive days.
E. A permit is effective upon approval by OBZPAE and an Orangetown Fire Inspector.
F. A food truck permit is not transferable.
G. In addition to the provisions of §16-10 below, OBZPAE shall administer and enforce this Chapter, as contemplated in Orangetown Code Chapter 6A (entitled Building, Zoning and Planning Administration), including, but not limited to, the authority to issue summonses and/or appearance tickets in the Orangetown Justice Court for any violations of this Chapter.
16-4. Siting.
A. A food truck permitted under this Chapter shall only be located on private property; and nothing in this Chapter shall be deemed to authorize the sale or distribution of food from a food truck on public property or in the public right-of-way.
B. A food truck shall only be permitted on private property that lies entirely within a Zoning District that allows commercial or non-residential uses as per Orangetown Code Chapter 43 (Zoning).
C. A food truck shall only be sited on the property at the location designated on the food truck permit.
D. A food truck shall meet the minimum side, rear and front yard setbacks, and maximum building height, regulations applicable to an accessory structure for the Zoning District in which the property is located upon which the food truck is sited.
E. A food truck shall be located a minimum of:
(1). five feet away from the edge of any driveway or walkway;
(2). five feet away from a utility box or appurtenances;
(3). fifteen feet away from an ADA handicap/wheelchair ramp;
(4). twenty five feet away from a building entrance, exit or emergency access/exit way;
(5). ten feet away from an emergency call box;
(6). twenty five feet away from the main entrance to any restaurant;
(7). twenty five feet away from any outdoor dining area associated with any restaurant;
(8). fifty feet away from any other food truck on another property, as measured from the designated location on the other property accommodating the other food truck;
(9). one hundred feet away from any watercourse, stream, creek, river or body of water;
(10). ten feet from another food truck on same property; and
(11). twenty five feet away from a fire hydrant.
F. A food truck shall be sited in a location that does not:
(1). obstruct, hinder or interfere with the free flow of pedestrian, bicycle or motor vehicular traffic;
(2). restrict visibility at any driveway or intersection;
(3). unreasonably interfere with the activities of other businesses, or otherwise interfere with other lawful activities, or violate any statutes, ordinances, or other laws; and
(4). does not restrict fire apparatus access roads.
- Food trucks shall only be located on a single tax lot of at least 5,000 square feet in size.
- A maximum of three food trucks shall be permitted per single tax lot at any one time, with separate permits required for each food truck
- The maximum number of food truck permits that may be issued per single tax lot, per year, shall be one seasonal permit and three daily permits
- The maximum size of a food truck shall be 256 square feet, measured from the exterior faces of the food truck.
- A minimum of four off-street parking spaces, designated to exclusively serve the food truck while the food truck is operating, shall always be available (while the food truck is operating) on the same tax lot as the food truck, which parking spaces shall not otherwise be reserved, encumbered, or assigned to satisfy the off-street parking requirements of another business or activity that is operating on the lot at the same time as the food truck.
- 16-6. Operations.
- A. Food truck operators shall maintain a valid County permit (if required by the County); and shall also operate the food truck in conformance with any and all applicable governmental health regulations, standards, laws and statutes and all applicable codes, rules and regulations of the Uniform Fire Prevention and Building Code of New York State.
- B. The following shall be conspicuously posted in public view on the food truck at all times: the County permit (if required by the County); the Orangetown food truck permit; and a notice, printed with at least two-inch height lettering, that states: “TO REPORT A VIOLATION, CALL AN ORANGETOWN CODE ENFORCEMENT OFFICER AT PHONE #845-359-8410.”
- C. Food trucks shall have adequate ingress and egress from its sited location so as to prevent traffic congestion and safety hazards. Existing and/or proposed curb cuts, intended to serve the food truck, shall meet the minimum sight distance requirements of the Orangetown Highway Department.
- D. All food trucks shall be allowed a single freestanding sign not greater than ten square feet in size as measured on one side of a two-sided sign or placard, in addition to the following:
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- E. The operation of food trucks shall be limited to the hours between 6:00 AM and 9:00 PM; and, subject to §16-6(N), shall not operate a power generator:
(1). in any Zoning District, other than a residential Zoning District, prior to 7:00 AM or after 8:00 PM;
(2). in any residential Zoning District prior to 7:00 AM or after 8:00 PM, Monday through Friday; prior to 8:00 AM or after 7:00 PM on Saturday; and prior to 9:00 AM or after
5:00 PM on a Sunday or legal holiday.
F. The food truck operator, or his/her authorized designee, must be present at all times during the operation of the food truck, except in cases of emergency.
G. Food truck operators shall provide trash and recycling receptacles within ten feet of their food truck, and are responsible for the proper and lawful disposal of waste and trash associated with the operation of the food truck, and shall properly and lawfully remove and dispose of all waste and trash associated with their operation at the end of each day, or more frequently as necessary to maintain the health and safety of the public. The food truck operator shall keep all areas, and any associated seating areas, clean of grease, trash, napkins, paper, cups, plates, utensils, packaging, bottles and cans associated with the operation. All liquid waste, oil and grease shall be properly and lawfully disposed of, and shall not be spilled or discharged in, near or on streams, wetlands, storm drains, lawns, sidewalks, streets or other public spaces, or in sanitary sewers or septic tanks that are not equipped with a grease trap.
H. Outdoor seating shall be permitted, so long as it is sited consistent with the provisions of §16-4 herein; and shall not exceed eight total seats.
I. With the exception of allowable outdoor seating areas and trash receptacles, all equipment required for the operation of a food truck shall be contained within, attached to, or located within five feet of the food truck.
J. No food shall be prepared, sold or displayed at the food truck site outside of the food truck.
K. Lighting is prohibited, except for lighting that is used within the inside of the food truck for the sole purpose of the preparation, cooking, wrapping, packaging, processing, apportioning, dispensing, or transacting the sales, of the food or beverages, which lighting shall be completely shut off when the food truck is not in operation.
L. Tents and canopies are prohibited. Awnings shall only be permitted if they are attached to the food truck; and umbrellas shall only be permitted if they are attached to a picnic table.
M. Amplified sound, loudspeakers and public address (PA) systems, including, but not limited to, the playing, airing, broadcasting or performing of live, pre-recorded, or internet or satellite streaming, music is prohibited; and the food truck operation shall comply with the noise regulations of Chapter 22 of the Orangetown Code.
N. Power generators are prohibited; unless the power generator (i) does not exceed [ 80 decibles at the point of alleged disturbance, (ii) does not exceed [2 (two) ] hours of consecutive operation in a 4 hour period, and (iii) complies with all other applicable Orangetown Code provisions, including, but not necessarily limited to, Chapter 22 (Noise).
O. Food trucks and associated outdoor seating, if any, shall be completely removed from all permitted locations upon expiration of the food truck permit.
- An Orangetown resident may apply for a special event private use food truck permit requesting that a food truck cater a special event on the resident’s own private property at their place of residence, which may be within any Zoning District. A resident’s request for a special event private use food truck permit shall be made to OBZPAE for a period not exceeding one day, which permit shall be subject to the requirements of this Chapter, except for §16-4(A) and (B); and food truck sales or dispending shall be limited to the private event attendees only (not to the general public), and no greater than two such permits per year shall be issued per household.
- The Town Board may, by Resolution and in its legislative discretion, authorize, empower and allow OBZPAE to issue a food truck permit to be located on Orangetown owned property, which food truck permit shall not be subject to the requirements of this Chapter, except those requirements that the Town Board, in its said Resolution, may wish to impose as conditions of OBZPAE’s issuance of the food truck permit.
- The Town Board may, by Resolution and in its legislative discretion, authorize, empower and allow OBZPAE to issue a food truck permit, for a maximum period of four consecutive days, to a not-for-profit entity or organization, a religious or educational institution, or a municipal or governmental entity (including a Library or Fire District), to be located in any Zoning District and on any site approved by the Town Board, for the purpose of events, fairs, festivals or parades that are open to the general public; which food truck permit shall not be subject to the requirements of this Chapter, except those requirements that the Town Board, in its said Resolution, may wish to impose as conditions of OBZPAE’s issuance of the food truck permit
- Any of the following shall constitute a violation of this Chapter:
- Failure to properly obtain a valid food truck permit, which shall be a violation of the food truck operator.
- Failure to properly display a valid food truck permit, which shall be a violation of the food truck operator and the owner of the property at which the food truck is located.
- Fraud or misrepresentation contained in the food truck permit application, which shall be a violation of the food truck operator.
- Fraud or misrepresentation made in the course of operating the food truck, which shall be a violation of the food truck operator and the owner of the property at which the food truck is located.
- Conduct that is, or creates, a public nuisance, hazard, peril, menace or danger, or otherwise constitutes a threat to the public health, safety or welfare, which shall be a violation of the food truck operator and the owner of the property at which the food truck is located.
- Failure to comply with any of the regulations of §16-4, §16-5 or §16-6, which shall be a violation of the food truck operator and the owner of the property at which the food truck is located.
- OBZPAE may issue, to the food truck operator, for any violation, a notice of intent to suspend or revoke a food truck permit (“notice”), which notice shall describe the violation and require that the permit holder immediately correct the violation or cause the violation to be corrected; which notice shall be sent to the permit holder (1) by personal delivery, courier (e.g., FedEx, UPS), or USPS First Class Mail, to the address submitted with the food truck permit application, or by (2) posting at the place of business of the food truck.
- If the holder of the food truck permit fails to immediately correct the violation or cause the violation to be corrected, then OBZPAE may suspend or revoke the permit.
- A food truck permit holder shall be entitled to request a hearing to appeal OBZPAE’s suspension or revocation of a food truck permit, which hearing shall be held before the Town Board, upon application made by the permit holder to the Town Clerk demonstrating that the permit holder was not in violation of the permit. OBZPAE’s suspension or revocation of a food truck permit remains enforceable and in effect, unless reversed or modified by the Town Board as a result of said hearing, which hearing shall be held within 45 days of said application by the permit holder, or as soon thereafter as the Town Board is able to schedule the hearing.
- The provisions of this Chapter shall be administered by OBZPAE, and shall be enforced by OBZPAE and/or any other Orangetown agency that has jurisdiction over an aspect of the food truck operation, including, but not necessarily limited to, the (1) Police Department, (2) Highway Department, (3) Department of Parks, Recreation and Buildings, (4) Department of Environmental Management and Engineering, and (5) Bureau of Fire Prevention.
- Pursuant to §10(4)(a) of NYS Municipal Home Rule Law and §150.10 of NYS Criminal Procedure Law, Police Officers and OBZPAE are authorized and empowered to issue and serve summonses and/or appearance tickets returnable in the Orangetown Justice Court, and to prosecute the violation in said Court, when he or she has reasonable cause to believe that a person or entity has violated this Chapter.
- A violation of this Chapter shall be deemed a violation, and not a crime or offense. Any person or entity who shall violate any provision of this Chapter shall, upon conviction, be subject to the penalties set forth in Chapter 41A of the Orangetown Code; except for imprisonment, incarceration or jail, which shall not be a penalty. Each day’s continued violation shall constitute a separate violation.
- Conviction of a violation of this Chapter shall constitute and effect an immediate forfeiture of any food truck permit issued to the person or entity so convicted.
- Without limiting any other remedy, the Town Board may also maintain a civil action or proceeding, in the name of the Town of Orangetown, in a court of competent jurisdiction, to compel compliance with, or to restrain by injunction the violation of, this Chapter.
Section 3. Authority
This proposed Local Law is enacted and adopted pursuant to NYS Municipal Home Rule Law §10, and in accordance with the procedures prescribed in NYS Municipal Home Rule §20.
Section 4. Severability
If any section, subdivision, paragraph, clause or phrase of this Local Law shall be adjudged invalid, or held to be unconstitutional, by any court of competent jurisdiction, any judgment or order made thereby shall not affect the validity of this Local Law as a whole, or any part thereof, other than the part or provision so adjudged to be invalid or unconstitutional.
Section 5. Effective Date
This Local Law shall take effect upon publishing and posting a copy in the manner prescribed by applicable laws, and upon filing a copy with the NYS Secretary of State.