Springfield peddling ordinance restricts food trucks on private property

Ward 5 City Councilor Lavar Click Bruce, pictured here in a previous meeting at which food trucks were discussed, had multiple suggestions for the new ordinance.
Reminder Publishing file photo

SPRINGFIELD — Food truck owners beware. There are new rules for mobile eateries operating on private property in Springfield.

After months of crafting amendments to the city’s peddling and soliciting ordinance, the City Council debated the specifics around hours of operation and permit fees before passing the new rules on April 7.

DPW Director Chris Cignoli explained that the amendment was needed because, in the past, food trucks have stationed themselves in private parking lots, often without the owner’s knowledge. Some trucks set up near bars at 2 a.m., hoping to catch the crowds leaving after last call. Such operations in and around residential neighborhoods have led to complaints about noise and trash.

Food trucks operating in the public way have long been required to obtain a permit. The ordinance now requires the same of those on private property. The permit process will require a notarized letter from the property owner. All utilities must be self-contained as food trucks are prohibited from connecting to the property’s utilities.

During the April 7 meeting, Ward 5 City Councilor Lavar Click Bruce suggested three or more food trucks operating simultaneously be considered a “food truck park” and require a special permit from the City Council. He also suggested a setback of 50 feet between a truck and a residence, or 100 feet if the truck uses a generator, and a setback of 100 feet from fuel pumps. The council passed these provisions without debate.

The issues of hours of operation and permit fees resulted in a great deal of discussion. Click-Bruce was in favor of limiting hours to 7 a.m. to 11 p.m. with a permit required from the council to operate beyond those hours. However, At Large City Councilor Jose Delgado pointed out that the noise ordinance has a 10 p.m. cut off.

Ward 8 City Councilor Zaida Govan suggested extending the hours for Fridays and Saturdays to 1 a.m. “They say Springfield’s dead,” she said, adding, “We want Springfield to have a nightlife.” Ward 7 City Councilor Gerry Martin countered with 12:30 a.m. as a cut off, saying he wanted to protect residents. At Large City Councilor Kateri Walsh said it “makes a lot of sense” to have later weekend hours.

Click-Bruce was not sold. He said, “It’s imperative that the city keep track of what’s going on in the city.” A permit for late night food trucks would accomplish that, he said. Hurst agreed. Govan reluctantly agreed, rescinding her motion for later weekend hours.

The draft ordinance called for a six-month permit of $450, with a renewal fee of $150. Click-Bruce argued that the fee was exorbitant and wanted no fee for the permits. Govan said, “These are micro businesses.” She worried that a fee on top of the cost of fuel and rent to property owners would “be putting people out of business.”

Ward 1 City Councilor Maria Perez offered a compromise of $250 for six months, with a $100 renewal fee. Ward 3 City Councilor Melvin Edwards seconded the motion.

Cignoli explained that the fees cover processing, monitoring and enforcement. Delgado told him that he understood the desire for food truck operators to “have some skin in the game,” but pointed out that they already pay other fees to the city. Cignoli said they pay for permits from the Police Department, Fire Department and Health and Human Services, but said, “So does every restaurant in the city.” He said that restaurants also pay property taxes. Edwards noted that many restaurant owners also pay rent for their storefront.

After hearing that food truck operators pay fees totaling $610 to city departments each year, Perez amended her motion, requesting the fee be set at $250 per year with a $100 renewal. Martin said that it was “the cost of doing business” and that $250 per year was “pretty doable.”

“Why are we making it so hard for small businesses to operate in this city?” asked At Large City Councilor Kateri Walsh. Sharing a similar sentiment, At Large City Councilor Justin Hurst said, “We’re stifling businesses” with “astronomical” fees. He said he would not support a fee of more than $125 per year.

“If you have a minimal fee, brick-and-mortar restaurants are going to go bananas,” Cignoli cautioned. Hurst responded that their fees should be lowered, too.

A vote on a yearly fee of $250 failed. Ward 6 City Councilor Victor Davila motioned for a $125 annual fee, which passed with a vote of 9-1, with only Edwards dissenting.