2.3.703: MOBILE FOOD VENDOR REGULATIONS; PROHIBITIONS:
A. It shall be unlawful for any mobile food vendor to stop or to place a mobile food vending apparatus, food, tables, chairs or other fixtures, furniture, devices, generators or awnings used to conduct mobile food vendor operations so as to obstruct the free travel of pedestrians or vehicles in, on, near or above any public street, sidewalk, or other public right-of-way.
B. It shall be unlawful for a mobile food vendor to stop or operate within twenty feet (20') of an intersection, or to sell or attempt to sell to any person who is standing in the street or roadway, or operate in any area so as to interrupt or interfere with the normal flow of vehicular or pedestrian traffic.
C. No mobile food vendor's license shall be valid within the boundaries of, or within three hundred feet (300') of, any temporary park use permit for a special event or revocable permit for a special event issued by the City which expressly prohibits, limits or regulates licensed mobile food vendor activities. The term "special event" as used in this section means activities such as, but not limited to, festivals, concerts, games and athletic events, parties, celebrations, picnics, parades, educational presentations and reenactments, memorial services, classes and other similar activities for which a revocable permit for the exclusive use of public property has been issued as provided by the City Charter or this Code, including those permits issued under chapters 3 and 4 of this Code.
1. It shall be unlawful for any mobile food vendor, including persons licensed under this part, who is not a bona fide participant under a temporary park use permit for a special event or a revocable permit for a special event, to operate within the boundaries of a temporary park use permit for a special event or a revocable permit for a special event, or within three hundred feet (300') of the boundaries of a temporary park use permit for a special event or a revocable permit for a special event.
2. It shall be unlawful for any mobile food vendor, including persons licensed under this part, who is not a bona fide participant under a temporary park use permit for a special event or a revocable permit for a special event, to refuse or fail to comply immediately with an order from a City police or fire officer, City Clerk's or Zoning Office to remove their operation and physically leave the boundaries of the temporary park use permit for a special event or a revocable permit for a special event, or to a point at least three hundred feet (300') from the outer boundaries of the temporary park use permit for a special event or a revocable permit for a special event.
D. It shall be unlawful to sell or offer to sell any goods, wares or merchandise other than food upon City property or City rights- of-way in violation of chapter 3, article 2, part 2 of this Code.
E. It shall be unlawful for any mobile food vendor to violate the provisions of the City Code and any regulations or licensing requirements of the Colorado or El Paso County Departments of Health and Environment.
F. It shall be unlawful for any mobile food vendor to conduct mobile food vendor operations from any loading zone, fire lane, alley or metered parking space (regardless of the hours of meter operation and enforcement) in violation of chapter 10 of this Code without the approval of a temporary permit in accordance with chapter 10 of this Code.
G. It shall be unlawful to engage in mobile food vendor operations upon any private property without the express written permission of the owner and the approval of a temporary use permit in accord with chapter 7 of this Code.
H. Menus, advertising and other signs related to the mobile food vendor operation may be affixed to the mobile food vendor apparatus so long as the menu, advertisement or other sign does not extend beyond the physical limits of the apparatus.
I. No artificial lighting device may be erected on the public right-of-way or affixed to the mobile food vendor apparatus.
J. It shall be unlawful to connect, either permanently or temporarily, any mobile food vendor apparatus or other item used in mobile food vendor operations to any water, wastewater, gas, electric or other utility service.
K. Mobile food vendor operations in an area that is zoned or used for residential purposes may only be conducted between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. Any mobile food vendor apparatus used in an operation must be removed from the public right-of-way in an area that is zoned or used for residential purposes between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M.
L. Mobile food vendor operations in an area that is zoned or used exclusively for commercial, office or industrial uses may not be conducted between the hours of three o'clock (3:00) A.M. and seven o'clock (7:00) A.M. Any mobile food vendor apparatus used in an operation must be removed from the public right-of-way in an area that is zoned or used exclusively for commercial, office or industrial purposes between the hours of three o'clock (3:00) A.M. and seven o'clock (7:00) A.M. (Ord. 17-47)
