2014-565 STAFF RECOMMENDED
REVISED ORDINANCE NO. 2014 -565
An ordinance amending 5.20.030, (Non- motorized Vendor Carts) of the Business
License provisions, creating 5.20.035, (Motorized Vendor Trucks) of the Business
License provisions, amending 18.20.815 (Seasonal Merchandise), 18.36.040.A.4.a,
(Business Districts, Outside Display of Merchandise), creating 18.20.835 (Special Tent
Sale), and amending 18.36.040.b (Seasonal Sales) of the Zoning Code of the City of
Janesville, with penalties for violations thereof, together with injunctive relief and
remedies upon default of forfeiture payment as set forth in JGO 18.28.010, and the
applicable penalty provisions in JGO Chapters 5.20, 18.20, and 18.36.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 5.20.030 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
A. Purpose. The purpose and intent of this section is to permit, regulate
and license non - motorized vendor carts that sell only any pre - packaged "frozen
confectionaries" such as pre - packaged ice creams, frozen popsicles, soda, bottled
water, shaved ice and similar items" or hot/prepared food within the City of Janesville.
5.20.030 Non - Motorized Vendor Carts — Licensing — Regulations.
A. Purpose. The purpose and intent of this section is to permit, regulate
and license non - motorized vendor carts. Vendors may sell pre - packaged
"frozen confectionaries," such as pre - packaged ice creams, frozen popsicles , soda,
bottled water, shaved ice and similar items" or hot/prepared food within the City of
Janesville. Such licensed non - motorized vendor carts operated in strict conformity with
each and every provision of this ordinance are exempt from the prohibition set forth in
Section 5.20.010.
B. General Regulations.
(1) Every person and cart engaged in activities regulated by this
ordinance, whether or not licensed, shall at all times comply with
each and every provision and regulation set forth in this ordinance.
(2) Every non - motorized vendor cart shall at all times be operated in
strict accord with each and every provision and regulation set forth
in this ordinance.
(3) No person may engage in any activity for which a license is
required under this ordinance without first applying for, paying the
fee for and holding a valid license for each non - motorized vendor
cart.
C. Cart License Required. Every non - motorized vendor cart in the city
shall be licensed. No person may operate, sell or vend from, use a non - motorized
vendor cart or otherwise engage in any activities regulated by this ordinance unless the
cart holds an appropriate and valid license from the City. Each owner in his /her /its
name shall apply for, pay the fee for, and hold a non - motorized vendor cart license for
each cart in the city prior to use of such cart in the city.
D. Definitions. (1) Licensee, means the applicant who is issued and
holds a license under this ordinance.
(2) Non - motorized vendor cart, means the device regulated by this
ordinance. It includes any and all non - motorized mobile devices that are used directly
or indirectly in the sale of any goods or services, including but not limited to bicycle
vending devices and push carts.
(3) Operator, means the person who engages in or conducts any
activities involving a non - motorized vending cart.
(4) Owner, means the person who owns the non - motorized vendor
cart.
(5) Person means each and every natural person, firm, corporation,
partnership, joint venture, cooperative, limited liability company, limited liability
partnership, sole proprietorship and other individual, person and legal entity of whatever
kind or nature.
(6) Vendor, means an operator.
(7) Vending Cart Season, means all year.
E. Cart License Application.
(1) Initial application. Each owner desiring to conduct or engage in
activities regulated by this ordinance shall file a written initial application with the city
clerk or designee on form(s) provided by the city for a cart license for each non -
motorized vendor cart. No person may operate, conduct or engage in activities
regulated by this ordinance without filing an application, paying the fee(s) for such
license or without holding an appropriate license under this ordinance. The city clerk,
chief of police, fire chief, common council, and /or their appropriate designee(s) may
amend and require such information on the initial application as s /he may, from time to
time, consider reasonable, proper and /or necessary.
(2) Renewal application. Each licensed cart owner desiring to
conduct activities regulated by this ordinance after initial licensing shall file a written
renewal application with the city clerk or designee on form(s) provided by the city for
each proposed non - motorized vendor cart. The city clerk, chief of police, fire chief,
common council, and /or appropriate designee(s) may amend and require such
information on the renewal application as s /he may, from time to time, consider
reasonable, proper and /or necessary.
(3) Cart -- Initial License Fee -- $50,00 100.00. Each owner
applicant shall pay an initial cart license fee of $50,00 100.00per cart at the time of
original filing, which initial fee shall be pro -rated based on the month after July 1 in
which the initial application is filed. The initial application fee is non - refundable.
(4) Cart — Annual Renewal Fee -- $50.00- 100.00. An annual renewal
fee of $50.00 100.00 per cart thereafter shall be required and paid. The annual renewal
fee is non - refundable.
(5) All initial and renewal cart licenses shall expire on June 30 of each
year.
(6) No application shall be accepted for filing, nor cart license issued or
renewed, unless and until the owner applicant possesses all necessary County Health
Department and other required governmental agency license(s) and permit(s) for the
cart. Each owner applicant, at the time of filing the city initial application and at the time
of all subsequent annual renewal filings, shall provide to the city clerk proof of such
other licenses and permits in such form as the city clerk may, from time to time, deem
necessary and /or desirable.
(7) No cart license may be issued or renewed unless and until the cart
passes the inspection of the county /state health officials and agencies, and holds the
proper health licensing, permits and certification.
(8) No cart license may be issued or renewed if the applicant, owner or
proposed operator of the cart has had a license or permit issued under this ordinance
revoked, suspended or non - renewed unless expressly approved by appeal to the City
Council..
(9) No cart license may be issued by the city clerk unless and until all
requirements set forth in this ordinance have been fully and properly satisfied by the
applicant. The decision of the City Clerk shall be final in this regard.
(10) In no instance may a non - motorized vendor cart operate within an
area previously permitted for financial gain on public property including but not limited to
the Janesville Farmers Market or youth sports facility. A vendor cart may not operate
within 200 feet of a street or area of the city designated for a community -wide special
event or parades such as the labor day parade or fourth of July celebration within
Traxler Park as determined by the City Council. Within those park areas under a lease
agreement such as the youth sports facility, an approval from both the leaseholder and
recreation director are required.
F. Each non - motorized vendor cart shall be separately licensed and such
license shall not be transferable to any other non - motorized vendor cart.
G. Each issued cart license shall be prominently and conspicuously posted
on each licensed cart at all times.
H. At all times, each cart shall have permanently affixed to it and prominently
displayed a sign no smaller than twelve (12) inches by twelve (12) inches displaying
name, address, and telephone number of the licensee.
I. Non - Motorized Vendor Cart Operation. (1) Each non - motorized
vendor cart shall be capable of being moved and kept under control by one person.
(2) Each cart shall be moved safely to and from its vending location(s).
(3) Each cart shall be secured at all times so as not to injure or
endanger persons or property.
(4) Each non - motorized vendor cart shall be equipped with at least one
leak -proof container for the deposit of waste, garbage, litter, and refuse. A
second leak - proof container for the deposit of recycle materials shall also be
required. All such containers shall be kept covered with tight fitting lids. When
leaving the sales area, the licensee and his employee(s) shall be responsible for
the removal of all litter resulting from his business or customer's use of his
business.
(5) Each operator, licensee and cart shall comply with all state codes
regulations and standards relating to the serving and selling of food or food
products.
(6) An operator shall be personally and physically present next to the
cart and within the vending site at all times during which items are displayed or
sold. Vending carts shall only be allowed within the public right -of -way during
permitted hours of operation.
J. Insurance Requirement. Each licensee shall obtain, pay for and at all
times maintain proof of and actual liability insurance coverage against personal injury,
death and property damage in an amount of not less than One Million Dollars
($1,000,000) per person per incident and One Million Dollars ($1,000,000) aggregate
per incident. Such insurance shall name the City of Janesville and each and every of
the City's elected and appointed officials, officers, employees, agents and
representatives as additional or co- insureds. At the time of filing the initial and all
renewal applications, an applicant shall provide a true and correct photocopy of a
certificate of insurance and /or other proof insurance for each cart in the form required by
the city clerk.
K. Regulations.
(1) Non - motorized vendor carts must be stationary at all times when
sales and related activities are occurring.
(2) Non - motorized vendor carts may set up and operate in the public
streets but not in the travel lane. They also may set up and operate in the public
terraces.
(3) Non - motorized vendor carts shall be prohibited from using, setting
up in or on, and shall not operate upon the public bike trails or public sidewalks except
in those areas zoned B5 and B6 (generally downtown) carts may be operated on the
sidewalks where a terrace area is not in existence and where a minimum 5 foot
pedestrian path on the sidewalk is maintained for pedestrian movement.
(4) In City Parks, non - motorized vendor carts are only allowed upon
issuance of a permit for specific park areas designated by the director of Leisure
Servicec Recreation Director. Said approval shall also include payment of any
associated park use, financial gain and /or other license fee(s) as determined by the
Director for each vendor cart license.
(5) All non - motorized vendors may only -b sell pre-
packaged "frozen confectionaries ", soda, bottled water, shaved ice and similar items
r
type - edacts in all areas of the community. In areas zoned conservancy, commercial
or industrial non - motorized vendors may also sell hot/prepared food in addition to frozen
confectionaries and similar items, as described above.
(6) No non - motorized vendor cart shall operate before 8:00 o'clock
A.M. or after dusk (sunset on any day) except for areas zoned B5 or B6 where they may
operate until 3 a.m..
(7) No non - motorized vendor cart operator or other person shall use
noise - makers, other than bells, lights, or music to attract customers. Such bells and
music shall not be used before 8:00 o'clock A.M. or after dusk (sunset on any day). No
electrical or mechanical sound generated within a vending area shall be audible beyond
the vendor's immediate working area and in no event more than 50 feet from the cart.
(8) See also Section 12.08.090. As applicable, those provisions are
incorporated herein by reference as if fully set forth verbatim. Any action required or
prohibited therein shall be required or prohibited, as applicable, by this ordinance.
(9) A non - motorized vendor cart may not operate in any one location
zoned residence or office for more than sixty (60) minutes at any one time; E-ash
(10) Each operator and other person, whether or not licensed, who
engages in any activities regulated by this ordinance shall at all times fully and timely
comply with and abide by each and every requirement and provision set forth in this
ordinance and in each and every other ordinance of the City of Janesville.
SECTION II. Section 5.20.035 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
5.20.035 Licensed Motorized Vendor Trucks
A. Purpose. The purpose and intent of this section is to permit, regulate
and license motorized vendor trucks that sell pre- packaged frozen confectionaries,
soda, bottled water, shaved ice and similar items and /or prepared food within the City of
Janesville. Such licensed motorized vendor trucks operated in strict conformity with
each and every provision of this ordinance are exempt from the prohibition set forth in
Section 5.20.010 (Licensing).
B. General' Regulations.
(1) Every person and truck engaged in activities regulated by this
ordinance, whether or not licensed, shall at all times comply with each and every
provision and regulation set forth in this ordinance.
(2) Every motorized vendor truck shall at all times be operated in strict
accord with each and every provision and regulation set forth in this ordinance,
(3) No person may engage in any activity for which a license is
required under this ordinance without first applying for, paying the fee for and holding a
valid license for each motorized vendor truck.
C. Truck License Required. Every motorized vendor truck in the city shall
be licensed. No person may operate, sell or vend from, use a vendor truck or otherwise
engage in any activities regulated by this ordinance unless the truck holds an
appropriate and valid license from the City. Each owner in his /her/its name shall apply
for, pay the fee for, and hold a motorized vendor truck license for each truck in the city
prior to use of such truck in the city.
D. Definitions. (1) Licensee, means the applicant who is issued and
holds a license under this ordinance.
(2) Motorized vendor truck, means the device regulated by this
ordinance. It includes any and all motorized mobile vehicles that are used directly or
indirectly in the sale of any goods or services, including but not limited to trucks or vans
used for such purposes. Each motorized vendor truck shall be a licensed motor vehicle
permitted to function as an operable motor vehicle within the State of Wisconsin.
(3) Operator, means the person who engages in or conducts any activities
involving a motorized vending truck.
(4) Owner, means the person who owns the motorized vendor truck.
(5) Person means each and every natural person, firm, corporation,
partnership, joint venture, cooperative, limited liability company, limited liability
partnership, sole proprietorship and other individual, person and legal entity of whatever
kind or nature.
(6) Vendor, means an operator.
(7) Vending truck season, means all year.
E. Vendor Truck License Application.
(1) Initial application. Each owner desiring to conduct or engage in
activities regulated by this ordinance shall file a written initial application with the city
clerk or designee on forms) provided by the city for a truck license for each motorized
vendor truck. No person may operate, conduct or engage in activities regulated by this
ordinance without filing an application, paying the fee(s) for such license or without
holding an appropriate license under this ordinance. The city clerk, chief of police fire
chief, common council, and/or their appropriate designee(s) may amend and require
such information on the initial application as s /he may, from time to time, consider
reasonable, proper and /or necessary.
(2) Renewal application. Each licensed truck, owner desiring to
conduct activities regulated by this ordinance after initial licensing shall file a written
renewal application with the city clerk or designee on form(s) provided by the city for
each proposed motorized vendor truck. The city clerk, chief of police, fire chief,
common council, and /or appropriate designee(s) may amend and require such
information on the renewal application as s /he may, from time to time, consider
reasonable, proper and /or necessary.
(3) Truck -- Initial License Fee -- $500.00. Each owner applicant shall
pay an initial truck license fee of $500.00 per truck at the time of original filing. The
initial application fee is non - refundable.
(4) Truck - Annual Renewal Fee -- $250.00. An annual renewal fee of
$250.00 per truck thereafter shall be required and paid. The annual renewal fee is non-
refundable,
(5) All initial and renewal truck licenses shall expire on June 30 of each
year.
(6) No application shall be accepted for ding, nor truck license issued
or renewed, unless and until the owner applicant possesses all necessary County
Health Department and other required governmental agency license(s) and permit(s) for
the truck. Each owner applicant, at the time of fling the city initial application and at the
time of all subsequent annual renewal filings, shall provide to the city clerk proof of such
other licenses and permits in such form as the city clerk may, from time to time, deem
necessary and /or desirable.
(7) No truck license may be issued or renewed unless and until the
truck passes the inspection of the county /state health officials and agencies, and holds
the proper health licensing, permits and certification.
(8) No truck license may be issued or renewed if the applicant, owner
or proposed operator of the truck has had a license or permit issued under this
ordinance revoked, suspended or non - renewed unless expressly approved by appeal to
the City Council.
(9) In addition to the license fee above if the truck is to be operated
within a private parking lot approval shall include a site plan review to evaluate location,
placement and parking standards in accordance with 18.24.050 (Site Plan Review) to
ensure compatibility with 18.36.040.A.4.(Outdoor Display of Merchandise).
(10) No truck license may be issued by the city clerk unless and until all
requirements set forth in this ordinance have been fully and properly satisfied by the
applicant. The decision of the city clerk shall be final in this regard.
F. Each motorized vendor truck shall be separately licensed and such
license shall not be transferable to any other motorized vendor truck.
G. Each issued truck license shall be prominently and conspicuously posted
on each licensed truck at all times.
H. At all times, each truck shall have permanently affixed to it and
prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches
displaying name, address, and telephone number of the licensee.
I. Motorized Vendor Truck Operation.
(1) Each motorized vendor truck shall be capable of being moved and
kept under control by one person. All traffic laws shall be adhered to during operation of
the vehicle.
(2) Each truck shall be moved safely to and from its vending
location(s).
(3) Each truck shall be secured at all times so as not to injure or
endanger persons or property.
(4) Each motorized vendor truck shall be equipped with at least one
Teak - proof container for the deposit of waste, garbage, litter, and refuse. A second leak-
proof container for the deposit of recycle materials shall also be required. All such
containers shall' be kept covered with tight fitting lids. When leaving the sales area, the
licensee and his employee(s) shall be responsible for the removal of all litter resulting
from his business or customer's use of his business.
(5) Each operator, licensee and truck shall comply with all state codes,
regulations and standards relating to the serving and selling of food or food products.
(6) An operator shall be personally and physically present inside or
next to the truck at all times` during which items are displayed or sold. Vending trucks
shall only be allowed within the public right -of -way, during permitted hours of operation.
J. Insurance Requirement. Each licensee operating on City property
including but not limited to city owned parking lots, right -of -way or city park shall obtain,
pay for and at all times maintain proof of and actual liability insurance coverage against
personal injury, death and property damage in an amount of not less than One Million
Dollars ($1,000,000) per person per incident and One Million Dollars ($1,000,000)
aggregate per incident. Such insurance shall name the City of Janesville and each and
every of the City's elected and appointed officials, officers, employees, agents and
representatives as additional or co- insureds. At the time of filing the initial and all
renewal applications, an applicant shall provide a true and correct photocopy of a
certificate of insurance and/or other proof insurance for each truck in the form required
by the city clerk.
K. Regulations.
(1) Motorized vendor trucks must be stationary at all times when sales
and related activities are occurring.
(2) Motorized vendor trucks may set up and operate in the public
streets but not in the travel lane. Vending truck service window shall be oriented to the
curb side of the street and not to the front, rear or travel lane side of the truck.
Motorized vending trucks set up and operate within public parking lots within areas
zoned B5 and B6, Motorized vending trucks may also set up and operate within private
parking lots subject to a site plan review in accordance with subsection 18.24.050 to
ensure compliance with 18.36.040.A,4.
(3) in city parks, motorized vendor trucks are only ailowed upon
issuance of a permit for specific park areas designated by the Recreation Director. Said
approval shall also include payment of any associated park use, financial gain and/or
other license feels) as determined by the Director for each vendor truck license.
(4) No motorized vendor truck shall operate before 8 :00 o'clock A.M. or
after dusk in residential areas, 9 p.m. in commercial areas except for areas zoned B5 or
B6 where they may operate until 3 a.m..
(5) No motorized vendor truck operator or other person shall use
noise - makers, other than bells, lights, or music to attract customers. Such bells and
music shall not be used before 8 :00 o'clock A.M. or after dusk (sunset on any day). No
electrical or mechanical sound generated within a vending area shall be audible beyond
the vendor's immediate working area and in no event more than 50 feet from the truck;
(6) A motorized vendor truck may sell all products as previously noted
within any conservancy, commercial or industrial district within the City of Janesville. A
motorized vendor truck may sell only frozen confectionaries, soda, bottled water or
shaved ice within areas zoned residential or office.
(7) A sandwich board sign not to exceed 24 inches wide by 48 inches
tall with letter less than 3 inches in height shall be allowed to be displayed with a sign
permit for each truck. Said sign may be located within the public right -of -way and shall
not impede pedestrian movement on a public sidewalk.
(8) A motorized vendor truck may not operate for business on public
property within 200 feet of an existing Licensed restaurant establishment as measured
door to truck along the curb line of the public street from the entry door into the existing
establishment to the truck.
(9) A motorized vendor truck may not operate in any one location
zoned residence or office for more than 60 minutes at a time.
(10) See also Section 12.08.090 (Merchandise or personal property on
the sidewalks). As applicable, those provisions are incorporated herein by reference as
if fully set forth verbatim. Any action required or prohibited therein shall be required or
prohibited, as applicable, by this ordinance.
(11) In no instance may a motorized vendor truck operate within an area
previously permitted for financial' gain on public property including but not :limited to the
Janesville Farmers Market, youth sports facility. A vendor truck may not operate within
200 feet of a street or area of the city designated for a community -wide special event or
parades such as the labor day parade or fourth of July celebration within Traxler Park
as determined by the City Council. Within those park areas under a lease agreement
such as the youth sports facility, an approval from both the leaseholder and recreation
director are required.
(12) Each operator and other person, whether or not licensed, who
engages in any activities regulated by this ordinance shall at all times fully, and timely
comply with and abide by each and every requirement and provision set forth in this
ordinance and in each and every other ordinance of the City of Janesville."
SECTION III.
Section 18.20.815 of the Code of General Ordinances of the City of Janesville is hereby
amended to read as follows:
18.20.815 Seasonal Merchandise. Merchandise which is sold only part of the
year during one of the four seasons; winter, spring, summer, or fall. Seasonal
merchandise shall include firewood, Christmas trees, fruits and vegetables, soda,
outdoor plants, topsoil, garden fertilizer, ornamental stone, charcoal, mulch,
lawnmowers, rototillers, bicycles, wading pools, law furniture and other similar items.
Seasonal merchandise shall not include products such as package food or other
packaged products, furniture, clothing or other similar merchandise or products
permitted to be prepared and /or offered for sale under non - motorized vendor cart or
motorized vendor truck regulations.
SECTION IV.
Section 18.20.835 of the Code of General Ordinances of the City of Janesville is hereby
created to read as follows:
18.20.835 Special Tent Sale. SPECIAL TENT SALE is a marketing activity where
product not meeting the definition of "Seasonal Merchandise" may be displayed and /or
offered for sale.
SECTION V. Section 5.20.035 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
5.20.035 Motorized Vendor Truck. MOTORIZED Vendor TRUCK is a motorized
vending vehicle use for food preparation, display and /or sale either on private property
or public property including rights-of-way. The definition of motorized food truck shall
not include food delivery vehicles which are not regulated by this code.
SECTION VI. Section 18.36.040.b of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows: This section does not apply to the
display of operable motor vehicles, boats, recreational vehicles, mobile homes,
snowmobiles, and snowmobile trailers; however these vehicles shall not be parked on
the required green area or on the required off street parking area. In addition this
section shall not apply to a once annual Special Tent Sale as defined in Section
18.20.835 and approved through a site plan review in accordance with subsection
18.24.050 to ensure compliance with 18.36.040.A.4.
SECTION VII. This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public
benefit, and police power so requiring."
ADOPTED: June 9, 2014 Motion by: Liebert
Second by: Kealy
APPROVED: / Councilmember Aye Nay Pass Absent
Bobzien X
�L Farrell X
Mark Freitag, City Mana • Fitzgerald X
Kealy X
ATTEST: Liebert X
Marklein X
Severson X
an Ann ulf, City Clerk -Tr asurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Building and Development Services
Division
Prepared by: Building and Development Services
Division