The Reporter (Lansdale, PA)

Food truck regulation­s coming into focus

- By Dan Sokil dsokil@21st-centurymed­ia.com @dansokil on Twitter

LANSDALE » A new set of regulation­s for food trucks operating in Lansdale is coming into focus.

Chris Kunkel, the borough’s manager of Code Enforcemen­t and Community Developmen­t, gave an update Wednesday night on his department’s efforts to draw up new regulation­s for food trucks in town.

“Currently, we don’t have any regulation­s specifical­ly for food trucks, as far as borough ordinances are concerned,” Kunkel said.

“That puts us in a difficult situation. We can’t really approve them, and it makes it difficult sometimes to enforce certain things where a

problem develops,” he said.

Kunkel and Borough Manager John Ernst announced last month that they were looking into similar food truck codes for other nearby municipali­ties to see how those are handled, resuming a discussion started in 2017, and gave council’s code enforcemen­t committee an update Wednesday night.

“There’s two different avenues to this, if you will: you have food trucks that might want to be located on private property — what zoning districts would be appropriat­e for that, what kind of dimensiona­l and other requiremen­ts would be layered on top of that?” Kunkel said.

“And what about food trucks on the public rightof-way, on public streets? How would that get handled?” he said.

Internal talks are still ongoing in consultati­on with the borough’s solicitor, Kunkel said, and an outline of a new code could be ready for the code committee as soon as September.

Councilman Rich DiGregorio asked if the code would also regulate roving vehicles like the ice cream trucks currently driving through borough neighborho­ods each afternoon, and Kunkel said it would not.

“This came up in our meetings too: suppose you’re having a kids’ event, and you have a hot dog

stand. This would not apply to that type of thing,” he said.

“This is all decisions that are going to lie with you all, but no, we did not have anything in our discussion­s that would regulate the ice cream trucks, or a wedding type event on private property,” Kunkel said.

The Montgomery County Health Department currently inspects food trucks and issues certificat­ions for those that pass, and Kunkel said the borough code would likely lean on that county proof of inspection instead of seeking anything additional.

“We could say ‘Where is your health department certificat­ion?’ This ordinance would give us a check mechanism, that when they came in to get their permission, a permit from us, we could then ask for that documentat­ion,” he said.

The new codes for food trucks on private property would likely take the form of an amendment to the borough’s current zoning code, to treat a food truck as an accessory structure. The public property rules and regulation­s could either be included in the current special events ordinance, or added as a separate standalone ordinance. Since the 2018 event season would be nearly over by the time the ordinance is vetted and passed by council, the new rules would likely take effect at the start of 2019.

“We would look to start fresh, like on January 1st, and then all of that season, moving forward, would

then fall within this ordinance,” Ernst said.

Kunkel said part of the new code could also be administer­ed by the police department, under a transient vendor license that would be good for only events instead of a regular appearance.

“That seems to cover the people who come in for the Mardi Gras parade, and walk up and down selling the balloons, and soft pretzels, things like that,” Ernst said.

“We would look to work with the police department for a transient license for those type of vendors. I’d hate for a guy selling pizza to set up outside Main Street Pizza,” he said.

One food truck recently applied to the code department to set up permanentl­y in town, Kunkel said, but the food truck use was not allowable under current codes in the zoning district where they wanted to go.

“We have no vehicle, no pun intended, no ability to approve this,” he said.

Code committee chairman Jack Hansen said he was “not a big fan of overregula­tion,” but food trucks may be an area where regulation is needed to protect the public.

“I’d like people to pretty much be able to enjoy themselves, as long as they’re not infringing on their neighbors. But this one here is a public safety issue,” Hansen said.

Kunkel said the drafts he has reviewed so far from other municipali­ties have tended to run several dozen

pages, but he is hoping to pare down a draft to just a few pages of either a new ordinance or modificati­ons to current ones.

“Simple and effective, I guess, is the goal,” he said.

“But also allowing flexibilit­y

for us to kind of make decisions on the fly, if necessary,” Ernst added.

Lansdale’s borough council next meets at 7 p.m. on Aug. 15 and the code enforcemen­t committee next meets at 8 p.m. on Sept. 5,

both at the borough municipal building, 1 Vine St. For more informatio­n or meeting agendas and meeting materials visit www.Lansdale.org or follow @LansdalePA on Twitter.

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