TOWN OF CRAWFORD
INTRODUCTORY LOCAL LAW
REGULATION OF FOOD TRUCKS
BE IT ENACTED by the Town Board of the Town of Crawford, County of Orange, State of New York, as follows:
Section 1. Chapter 102, titled “Peddling and Soliciting,” of the Code of the Town of Crawford is amended as follows:
I. The existing provisions of Chapter 102 shall be designated as Article I and titled “General Requirements”.
II. Section 102-6, titled “License fees,” is amended to read as follows:
License fees shall be established, and may be amended from time to time, by resolution of the Town Board.
III. Section 102-12, titled “Penalties for offenses,” is amended by adding the following sentence at the beginning of said section:
This Chapter may be enforced by the Code Enforcement Officer and by any police officer.
IV. A new article, designated as Article II, and titled “Food Trucks,” is adopted to read as follows:
§102-13. Scope. The General Requirements set forth in Article I of this Chapter shall apply to food trucks and food trailers, unless more specific provisions of this Article II apply, in which case such Article II provisions shall apply..
§102-14. Definitions.
As used in this Article, the following terms shall have the meanings indicated.
FOOD TRAILER
A nonmotorized vehicle, designed to be towed by a motorized vehicle, registered and able to be operated on the public streets of New York State, in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for sale or distribution.
FOOD TRUCK
A motorized vehicle, registered and able to be operated on the public streets of New York State, in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for sale or distribution.
FOOD TRUCK VENDOR
The owner or operator of a food truck or food trailer (hereafter referred to as "vendor").
MOBILE FOOD PREPARATION VEHICLE
A food truck that contains cooking equipment that produce smoke or grease-laden vapors in the preparation or serving of food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.
SPECIAL EVENT
A special public event that is either sponsored by the Town of Crawford or permitted by the Town of Crawford, including but not limited to a festival, parade, concert, or celebration.
TENTS OR CANOPIES
Any structure, temporary or permanent, designed to provide shade or weather protection to users within its shadow.
§ 102-15. General provisions.
A. No food truck vendor shall operate within the public rights-of-way within the Town of Crawford without first having obtained a valid food truck vending license from the Town Board.
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B. No food trailer shall be operated within the public right-of-way, except to the extent that vending is authorized by the Town Board in a specified space as part of either a special event or serving a private event. Food trailers operating on private property shall comply with the same requirements as food trucks.
C. All food trucks and food trailers must abide by all parking and vehicle and traffic laws, rules and regulations at all times, including but not limited to any durational requirements. A food truck may operate in any legal parking space except as restricted by any law, rule or regulation or as otherwise directed by the Code Enforcement Officer or a police officer.
D. No food truck or food trailer shall operate within 500 feet of the closest point of any building in which a business serves similar food as the food truck or trailer.
E. No food truck or food trailer shall operate within 500 feet of the boundary line of a property on which is conducted a special event or civic event that is permitted or sponsored by the Town of Crawford, except when the vendor has obtained a license to so operate from the Town Board.
F. No food truck or food trailer shall operate in a location that does or reasonably might obstruct access to or egress from any structure or the free flow of vehicular or pedestrian traffic, as determined by the Code Enforcement Officer or a police officer.
G. All food trucks and food trailers must be equipped with trash receptacles of a sufficient capacity that shall be changed as necessary to prevent overflow or the creation of litter or debris. No vendor shall dispose of any litter, trash or waste (hereafter “waste”) generated from the vending operation in public trash receptacles. A vendor shall store such waste in a receptacle firmly attached to the vending unit for lawful and proper disposal. A vendor shall also be responsible for keeping the immediate area of his food cart free and clear of any waste or spillage from the vending unit.
H. No vendor shall cry out or make loud noises in any public street, sidewalk or place for the purpose of selling any food or goods.
I. No vendor shall chain or otherwise attach any signs, goods, merchandise, chairs, stools, food cart or other equipment used in vending to any tree, parking meter, hydrant, sign or post, light pole, telephone pole or other street appurtenance or leave any such items unattended on a public street, sidewalk or place. Acceptance of any permits under this Article shall be deemed consent that items left in violation of this subsection will be removed by the Code Enforcement Officer or police officer.
J. A vendor shall obtain from the Town Clerk and place on prominent display during vending activities a license obtained in accordance with this Article.
K. The application for a license shall be on a form provided by the Town Clerk and shall include the following:
(1) Name and address of each applicant and each corporate officer of the food truck or food trailer vending operation. If the applicant is an individual, he or she shall be designated as the vendor's operator, and the individual applicant may also designate one or more additional operators during or after the application process. If the applicant is not an individual, it shall specify and provide the name, address, and telephone number of at least one person who shall be the designated operator. A designated operator shall be a person who is directly responsible for supervising the operation of the food truck or food trailer. In the event that a vendor's designated operator is no longer serving in that capacity and the vendor has no additional designated operator to serve in that capacity, the vendor notify the Town Clerk within five business days and prior to the next date the licensee operates the food truck or food trailer.
(2) A valid copy of all licenses, permits a certificates required by the Health Department, Department of Motor Vehicles and all other applicable agencies, and vehicle registration, vehicle insurance and valid driver's licenses of all vehicle drivers.
(3) A description, including the length, make, model, production year, and VIN number of each food truck or food trailer that the applicant will use. Each truck and trailer is subject to inspection by the Town.
L. All mobile food preparation vehicles shall comply with the applicable provisions of Section 319 of the 2020 Fire Code of New York State. The Fire Inspector and Code Enforcement Officer are hereby authorized to impose additional requirements as may be necessary to assure the fire safety of vending units.
M. Licensees must comply with all applicable laws, rules and regulations.
N. Before any license is issued, the applicant shall file with the Town of Crawford proof of insurance, issued by an insurance company licensed to do business in the State of New York, which insurance must be kept continuously in force during the term of the license. The insurance shall be not less than $1,000,000 per occurrence/$2,000,000 aggregate for comprehensive general liability insurance and $1,000,000 per accident/$2,000,000 aggregate for automobile liability insurance. Such insurance shall not expire, nor be canceled, suspended or amended, except on ten days written notice to the Town Clerk served personally or by certified mail. The insurance must add the Town of Crawford, its officers and employees as additional insureds on a primary and noncontributory basis and waive subrogation against the Town.
Every food truck and food trailer vending license shall contain the following conditions:
(1) Each license shall expire on December 31 in the same calendar year as the date of issuance. License fees shall not be prorated.
(2) The license shall not be transferable from person to person without the written approval of the Town Clerk.
(3) The license is valid only for the food truck(s) or food trailer(s) listed on the license.
Section 2. Severability. If any part or provision of this local law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this local law or the application thereof to other persons or circumstances, and the Town Board hereby declares that it would have enacted this local law or the remainder thereof had such invalid application or invalid provision be apparent.
Section 3. This local law shall take effect immediately upon filing with the Secretary of State.