POLICY DATABASE
Fayetteville, Ark., Code of Ordinances § 178.04 (current through August 2, 2019)
Brief Summary
This section generally regulates and sets permitting requirements for food trucks, food trailers and other mobile vendors and for mobile vendor courts. However certain operators including non-profit entities that engage in temporary sales for less than five (5) consecutive days and non-profit organizations that prepare and donate or give away food for free are exempted from its provisions.
Legal Strategies
Expressly allows something.
Requires something, sets standards.
Reach
Community-wide
Food System Category: Distribute, Get
State: Arkansas
Jurisdiction Type: City
Jurisdiction Name: Fayetteville
Does the law refer to priority populations in some way?
Yes. The law provides that "mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit." § 178.04(c)(7).
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. The "purpose" of the chapter in which this section is found includes "protecting the health, safety and welfare of citizens" as part of the stated objective. § 178.01.
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
Yes. The purpose of the chapter in which is this section is found articulates an intent to "promote and encourage open air commercial environments." § 178.01.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition." §178.04 (A).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. §178.04 (B).
Does the law address implementation in some way?
Unclear. The law specifies requirements for permits and site plans that are impliedly reviewed by the Planning Division. § 178.04(C)(2), (8) and §178.04(D)(1).
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
Yes. Suspension and or revocation of permit. § 178.04 (H) (I).
Does the law include an evaluation component, beyond reporting on activity?
No.
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
This policy is located in the City of Fayetteville Code of Ordinances, Title XV: Unified Development Code, Chapter 178: Outdoor Vendors. History: Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979 , §§5, 6, 5-16-2017.