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Oakdale City Zoning Code

§ 36-29.6 Operation of Mobile Food Vendors in the Public Right-of-Way

Major Use Permit Required.

[Added 8-2-2021 by Ord. No. 1276]
It shall be unlawful to operate a mobile food vendor in public right-of-way unless a Major Use Permit has been obtained pursuant to Sections 36-20.2 through 36-20.4 of the Municipal Code. In addition to the application requirements mentioned for Mobile Food Vendors on private property a Mobile Food Vendor located on public property will be subject to the following additional development standards:
1. 
Liability Insurance. During the term of a mobile food vendor permit operating in the public right-of-way the applicant shall maintain in full force at no cost to the City a comprehensive auto and general liability insurance policy:
a. 
In an amount not less than $1,000,000 single limit per occurrence/$2,000,000 aggregate.
b. 
Issued by an admitted insurer or insurers as defined by the California Insurance Code.
c. 
Providing that the City, its officers, employees and agents are to be named as additional insured under the policy.
d. 
Stipulating that the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.
e. 
Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the mobile food vendor permit, without 30 days written notice to the Director prior to the effective date of such cancellation or change in coverage.
f. 
In the event of a cancellation, expiration, or change of insurance coverage resulting in noncompliance with subsection a of this section, the vendor shall notify the City of the cancellation, expiration, or change within three business days after its effective date by submitting a written notice to the Director. The giving of notice as provided herein shall not stay the automatic suspension of the permit.
g. 
It is unlawful for any person to operate a food vending vehicle without insurance coverage in effect as required by this subsection.
h. 
Indemnify and Hold Harmless. The Mobile Food Vendor and/or vehicle owner(s) receiving approval to operate in public right-of-way shall defend, indemnify and hold harmless the City, its officers, employees and agents from and against all actions, losses, damages, liability, costs and expenses of every type and description, including, but not limited to, attorney fees, to which any or all of them may be subjected by reason of, or resulting from, directly or indirectly, in whole or in part, the acts or omissions of the applicant or the applicant's agents, officers or employees, directly or indirectly arising from the food vending vehicle operation.
2. 
The Mobile Food Vendor must comply with all City, state, and federal laws. While operating in the public right-of-way, mobile vendors shall follow all applicable traffic laws and parking regulations, including, time limits, and no-parking zones.