Communications & Legislations Committee

COMMUNICATIONS & LEGISLATION COMMITTEE NORTHBROOK VILLAGE HALL, 1225 CEDAR LANE FEBRUARY 24, 2015, 6:05 P.M., TERRACE ROOM The Communications & Legislation Committee of the Village of Northbrook Board of Trustees will hold a meeting on Tuesday, February 24, 2014 at 6:05 p.m. in the Terrace Room of the Village Hall, 1225 Cedar Lane, Northbrook, Illinois. The following will be discussed. MEETING AGENDA 1. CALL TO ORDER 2. HEAR FROM THE AUDIENCE 3. DISCUSSION – Audit of Adopted Food Truck and Ice Cream Truck Regulations and Discussion of Possible Amendments ATTACHMENTS:  Staff Memo on Food Truck and Ice Cream Truck Regulations  Minutes of the May 27, 2014 Communications and Legislation Committee Meeting  Overview of Major Food Truck Regulations Adopted May 2014  Correspondence  Mobile Food Service Establishment Operations and Parking Maps  Ordinance Regarding the Regulation of Mobile Food Service Establishments 4. DISCUSSION – Review of Wildlife Ground Feeding Municipal Code Regulations ATTACHMENTS:  Staff Memo on Wildlife Ground Feeding Regulations  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals  Correspondence 5. ADJOURN Kathryn Ciesla, Chair Communications/Legislation Committee Members: Trustee Heller Note: A light dinner will be Trustee Israel provided for Board members and Staff prior to the meeting. Village of Northbrook Cook County, Illinois February 24, 2015 The Village of Northbrook is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of this meeting or the facilities, are requested to contact Greg Van Dahm or Debbie Ford (847- 664-4014 and 847-664-4013, respectively) promptly to allow the Village of Northbrook to make reasonable accommodations for those persons. Hearing impaired individuals may call the TDD number, 564-8645, for more information.  MEMORANDUM VILLAGE OF NORTHBROOK DEVELOPMENT AND PLANNING SERVICES DEPARTMENT TO: RICHARD A. NAHRSTADT, VILLAGE MANAGER FROM: MICHAEL STRONG, MANAGEMENT ANALYST DATE: February 19, 2015 SUBJECT: Audit of Adopted Food Truck and Ice Cream Truck Regulations INTRODUCTION On February 24, 2015, the Communications & Legislation Committee is scheduled to conduct an audit of Ordinance 2014-30, which amended Section 13 of the Municipal Code establishing new regulations for mobile food service establishments (“MFSE”). The Committee last discussed this matter during a meeting on May 27, 2014. As noted in the minutes from that meeting (copy included as an attachment to this report) the Committee recommended that an audit of the Ordinance be performed in the next year. UPDATE ON CURRENT BUSINESS LANDSCAPE In 2014, the Village issued a total of 11 MFSE business licenses. Of these licensees, six (6) were classified as type III licenses, or traditional food truck operators. The following table provides an overview on the number of mobile food service licenses that have been issued since 2011. Table 1: Mobile Food Service Establishment Licenses (2011-2014) Risk Type Type of Food 2011 2012 2013 2014 Pre-packaged frozen food Type I 2 2 2 2 only Hot/Cold pre-packaged food Type II 5 8 7 3 or beverages Hot/Cold food prepared to Type III 1 3 3 6 order Total Licenses Issued 8 13 12 11 The Village has seen a growing number of licenses issued to traditional food truck operators since 2012. This past year, Northbrook welcomed four first-time food truck (MFSE Type III) license holders to the community including Louie B. Fresh (Northbrook, IL), RACO (Melrose Park, IL), Tailgater Toby BBQ Café (Kansas City, MO), and Toasty Cheese (Schaumburg, IL). FEEDBACK RECEIVED REGARDING ADOPTED REGULATIONS Village staff has reached out to the Park District, School Districts, Chamber of Commerce membership and the Industrial and Commercial Development Commission (ICDC) to solicit feedback on the adopted food truck regulations. Among the concerns and issues raised, include: Page 1   Public Address (PA) System Loudness – This past summer, the Village received numerous complaints concerning the sound level for public address systems. Complaints that were received occurred in conjunction with ice cream trucks operating adjacent to outdoor events near the Village Green, or on residential streets near Meadowhill Park. The ICDC echoed that noise levels from ice cream truck vendors seem to far exceed the Village’s current noise regulations.  Downtown Parking during Special Events – Vendors have difficulty understanding the parking requirements when there is a special event in the downtown (especially for events that do not take place at the Village Green, such as the Farmer’s Market and Sidewalk Sale events). The current regulations impose a 500-foot distance requirement from the property line of which a permitted special event is taking place. Police officers, who generally respond to these inquiries and complaints, have expressed difficulty communicating the on-street parking restrictions under this provision.  Downtown Parking – Risk Type I (Pre-packed frozen food) MFSE’s have expressed their belief that the downtown parking restrictions are overly restrictive. The current regulations prohibit these types of vendors from operating in areas adjacent to the Village Green; which significantly impacts their business prospects. Currently, MFSE Risk Type I vendors are prohibited from parking in the downtown area, subject to local parking restrictions.  Business Activity on Private Property – The Park District has seen an increase in uninvited MFSE activity on park property this past summer. This includes unwelcomed attendance adjacent to the Village Green, Meadowhill Park, and the Northbrook Sports Center. In addition to this brief summary of issues, the ICDC met on October 28, 2014 to review and discuss the adopted food truck regulations. During this meeting, the ICDC concluded that since the regulations have only been in place for a short period of time they would not advise making any amendments. INFORMATION INCLUDED FOR MEETING The Village has reached out to and invited several MFSE license holders, School Districts, and the Park District, to the meeting on February 24, 2015. To help guide the Village Board’s discussion during the February 24 meeting, staff is including the following materials:  Matrix Summarizing the Village’s MFSE Regulations. Staff has created a table that outlines the major categories (i.e. license, operational, locational, health/sanitation) of the Ordinance and has incorporated comments or issues that have been identified this past year as they relate to each provision.  Public Commentary and Correspondence Concerning the Adopted Food Truck Regulations. Email correspondence, and a letter received by a property owner in the downtown, have been compiled and attached to this staff report for Village Board review and consideration.  Downtown Parking Location Maps for General Parking and Special Events. Staff has created separate maps outlining parking restrictions in the downtown for MFSE’s to help explain the locational standards in the Ordinance.  Copy of Ordinance 2014-30. A copy of the Ordinance adopting regulations, as amended and approved by the Village Board on May 27, 2014, has been attached. Page 2 DISCUSSION & DIRECTION Based on staff’s review of the business climate and issues that have been raised over the past several months concerning food truck activity in Northbrook, some questions for the Committee to consider include:  Should MFSE Risk Type I (Pre-packaged frozen food) vendors be treated similar to the other vendors and be restricted concerning where they may park in the downtown?  Should the Village amend, add, or eliminate the language in the Ordinance concerning an MFSE’s operation within a minimum distance of the property line (or general boundary) of a special event?  Should we reexamine our standards specifically with ice cream trucks in mind (volume of music, how long they may stay parked in one area, proximity to schools and parks, etc.)? Staff will be present at the February 24, 2015, Committee meeting to present an overview of the materials assembled in this packet and to answer any questions. If modifications are requested, staff will revise for consideration at a future meeting. ATTACHMENTS  Minutes from the May 27, 2014 Communication & Legislation Committee Meeting  Matrix Summarizing the Village’s Mobile Food Service Establishment Regulations  Public Comments Concerning the Adopted Food Truck Regulations  Downtown Parking Location Maps  Adopted Ordinance 2014-30 Page 3  APPROVED MINUTES OF A MEETING OF THE COMMUNICATIONS AND LEGISLATION COMMITTEE TERRACE ROOM VILLAGE OF NORTHBROOK May 27, 2014 CALL TO ORDER Trustee Heller called the meeting to order at 7:00 p.m. In attendance were Trustee Heller, and Trustee Israel. Staff present included Village Manager Richard Nahrstadt, Development and Planning Services Director, Tom Poupard, Development and Planning Services Management Analyst Mike Strong, Village Clerk Debra Ford, Assistant to the Village Manager Rob Sabo, and Recorder Judy Butch. HEAR FROM THE AUDIENCE None DISCUSSION – Proposed Food Truck Ordinance Management Analyst Mike Strong provided a handout to the Committee and provided an overview of topics discussed during the last meeting. He stated that a modification to the definition of Mobile Food Service Establishment was completed in order to capture ice cream trucks. He explained that vendors were now classified by risk factors. Management Analyst Strong then explained the categories and relevant operational regulations for each risk type of Mobile Food Service Establishment. Village Attorney Stewart Weiss provided clarification between Risk Type Class II and III, and where they would be allowed to operate under the Ordinance. The Committee had a brief discussion and voiced concern of a potential nuisance issue among the restaurant owners. The Committee recommended that an audit of the Ordinance be performed after a year. Management Analyst Strong then mentioned the concern from District 28 regarding background checks for licensees. He stated that at this time, we do not require background investigations for food truck operators. A brief discussion took place. Village Clerk Ford noted that at a previous meeting the Committee decided since background checks are not conducted for any other business license holders, ice cream vendors would also not be required to have background checks. Trustee Israel moved, seconded by Trustee Heller to recommend approval of the Ordinance to the Board of Trustees. On voice vote motion passed. Trustee Israel moved, seconded by Trustee Heller to adjourn the meeting. On voice vote, motion carried and meeting was adjourned at 7:25 p.m. /s/ Judy Butch Recorder  Overview of Major Food Truck Regulations Adopted May 2014 Preliminary Regulations Type Comments/Feedback Amended Regulations Adopted Regulations Issues/Comments/Feedback Notes Proposed Require mobile food vendor license Require food truck to properly display the Require mobile food vendor license N/A No issues/concerns raised to date application/permit license at all times (easily identifiable) application/permit Licensing Fee is too low based on the number of Implement a "tiered" fee structure based on License Fees based on risk type: License Fees - $70 license fee No issues/concerns raised to date inspections needed and should be increased level of risk to the public. Type 1 - $70, Type 2 - $140, Type 3 - $210 Time/Duration - Only between 7 am – 10 pm Time/Duration - Only between 7 am – 10 School District 27 suggested 7 am-8 pm on N/A (Monday-Friday); and 8 am - 10 pm (Saturday- No issues/concerns raised to date pm weekdays, and 8am -8pm on weekends Sunday) Refuse/Recycling Containers – Required to Refuse/Recycling Containers – Required All agree with this provision, and recommend Patrons should have access to provide one refuse and one recycling to provide refuse and recycling they be responsible for cleaning the No issues/concerns raised to date garbage/recycling containers containers for patrons; and are responsible containers for patrons surrounding area (30-50 foot radius) for all litter/garbage w/n 50 feet Operational Several complaints concerning the noise level of Noise Restrictions - (Ref. 16-49e(4)) No loudspeaker(s) Noise Restrictions - (Ref. 16-49e(4)) ice cream trucks; most likely they do not comply with current regulations Signage Restrictions: Signage Restrictions - Unlawful for vendors to Food trucks should abide by same sign - A-Frame signs allowed display or utilize signage that is not regulations as restaurants and should not be Defered discussion on this item until sign code - No flashing/electronic signs permanently affixed to the mobile food unit, No issues/concerns raised to date allowed to use banners or a-frames without a regulations are reviewed by Village Board - Illuminated signs only when unless a temporary sign permit is filed in temporary sign permit stationary accordance with the Zoning Code 1. Park District has pedestrian (park patron) 1. Ice Cream vendors believe regulations are too 1. 500' ban from special events (measured safety concerns for allowable operations strict and negatively impact their business from property line) between Shermer Rd and Walters Ave. 2. Distance from events is difficult to 2. Create separate location restrictions for Downtown On-street Parking – Allowed 2. Not allow any parking in downtown during enforce/understand for many vendors (Especially based on level of risk (i.e. Type 1, 2, 3) between Meadow Rd. and Walters Ave. special events or holidays Farmer's Market) 3. Allow ice cream trucks more reign in 3. Property Owners have stated that no on-street 3. We have also reached out to the property residential areas; but limit in commercial parking of trucks should be allowed in the owners along Meadow Road, but have not yet areas Downtown received their comments. On-street Parking (Outside of See Affixed Matrix concerning Allowable Locational Locations for Operation No issues/concerns raised to date; aside from ice Downtown) – Only allowed along Sunset No comments cream trucks parking adjacent to parks (However, Ridge Rd. (approx. 14 stalls on south side this is allowed on residential streets) of road and east of Skokie Blvd.) Require food truck to display and/or have Private Parking Lots - With written copy of signed letter by authorized agent Park District has had several issues with ice cream Owner’s Consent trucks parking on private property Buffer Zones (Outside of downtown) - Not within one hundred (100) feet of a Too close – should be at least 200 feet brick and mortar food establishment Required Inspections – Require an inspection Required Inspections – Require an Food trucks are rarely where they state they will Food Trucks should be held to the same Will accept inspection reports from outside at time of business license application, and in inspection at time of business license be according to their license; requires Sanitarian standards as restaurants for health/sanitation agencies accordance with risk factor schedule, may application to inspect in different jurisdictions Health/ accept outside agency inspection reports Sanitation Proper Health Licenses – Required to submit Proper Health Licenses – Required to Food Trucks should be held to the same copies of Food Handler License, Cook County submit copies of Food Handler License, No issues/concerns raised to date standards as restaurants for health/sanitation and State Health License, may accept outside Cook County and State Health License agency inspection reports Strong, Michael From: Dale Duda < Sent: Friday, July 25, 2014 3:53 PM To: Poupard, Tom Subject: Re: traffic nightmare Hi Tom, The farmers market has NO food trucks and NOTHING to do with food trucks. There were no food trucks parked on Meadow near the farmers market last Wednesday or any day. We have an agreement with the property owner not to have food for consumption on-site in deference to the brick and mortar stores like Marcello's and Subway. We are fiercely keeping to that agreement. So I have no idea what this person is talking about. At any given time there is plenty of parking in the lot as the spaces turn over relatively rapidly. We have NEVER had any "back ups" onto Cherry or Meadow. Another puzzling thing: the market is never busy at 9 a.m. Doesn't pick up until 9:30 -10 ish. No one involved with the market blocks any intersections or is anywhere near Village Green Park-- truly a stretch on the complainer's part. Looks like this person is not a fan of farmers markets so I guess we are the scapegoat. Cherry and Meadow is a retail district, after all. Maybe he is so used to Meadow Plaza being largely empty mid-week and now doesn't like it that people are actually coming to the downtown to shop. Good luck with this kind of vitriol! Dale P.S. Re: the "new auto parts store that SHOULD do away with at least the Farmer's Market" will have no affect on us or traffic. We're not anticipating a run on auto parts on Wednesday mornings and the tenant signed on knowing there is a farmers market here on Wednesday mornings for 17 weeks. Re: "keeping the village a SAFE, ENJOYABLE PLACE TO RAISE CHILDREN" Farmers markets and ice cream trucks are about as kid-friendly as you can get! From: "Tom Poupard" < To: "Duda, Dale" < Cc: "Michael Strong" < Sent: Friday, July 25, 2014 2:53:00 PM Subject: FW: traffic nightmare Dale, I wanted to let you know that we received this complaint about concerning the Farmer’s Market. So far this is the only one we have received – as all of the prior feedback we have received from the public has been extremely positive. Welcome to our world. We were curious, do you have any food trucks that are invited to the event? Does one just show up and park on Meadow? If you have any concerns about the parking or arrangement or traffic flow, we would be glad to hear them. 1 Thanks and have a great weekend. Sent: Thursday, July 24, 2014 11:11 AM To: Frum, Sandy Subject: traffic nightmare Sandy, I am sure you received my voice mail yesterday morning about the traffic nightmare / danger at Cherry & Meadow in the morning. It is most frustrating that the village officials do not see the danger, yes, danger, to allowing almost semi-sized food trucks to park on Meadow plus have all the congestion from the Farmer's Market participant's vans/ trucks, etc. in that small area of the parking lot. It was difficult for myself and my dog to cross the street at 9 yesterday morning due to the inconsiderate, rude, rushing drivers! & I AM a runner, so I am not walking slowly across the street. I really do hope that I myself am not going to be hit at this intersection as I will not go quietly away anymore as I did when I fell due to the broken sidewalk a couple of years ago at that same stretch of sidewalk on the west side of Meadow , S of Cherry....amazing how the entire 50' plus was replaced just the very next day . The current village board only seems concerned now in getting more revenue into the village coffers and not concerned at all anymore with keeping the village a SAFE, ENJOYABLE PLACE TO RAISE CHILDREN since you have allowed all this danger 1 block from a park ,,which many residents North of Cherry and east of Meadow walk to at all hours of the day. I have lived here for 35 years and will NOT have this congestion continue at Cherry and Meadow. I welcome the new auto parts store as that SHOULD do away with at least the Farmer's Market, which is NOT needed in Northbrook at all. Be realistic, is that really needed in Northbrook with all the other food stores around catering to organic and our own very knowledgeable residents who grow their own vegetables? On the second problem I mentioned on the phone message,,,,,the 1, and its only 1 , ice cream truck that drives around Northbrook should not be allowed to have any music on whatsoever DURING A NORTHBROOK EVENT! It was difficult to hear the Memorial Day tributes in the park and he also parked 1/2 block down from the July 4th parade with his music on and it was difficult to hear the parade participants. Once again, REALLY?? I do believe he is breaking a noise ordinance and will be checking the village rules on this myself. The driver will not listen to civilians so the police will have to be involved on this one. I will wait to hear your solutions to these issues before I start petitioning the area residents. 2 Strong, Michael From: Selwyn Marcus < Sent: Wednesday, October 01, 2014 2:33 PM To: Poupard, Tom Subject: RE: Food trucks Thanks, Tom. Yes, I know Little Louies was involved in the food truck discussions and meetings and I was quite surprised when I found out that Meadow Road was permitted to accommodate food trucks. When speaking with Pete at Little Louies, he explained to me that while he is not happy with this, he felt he had no choice because the village seemed committed to continue permitting the ice cream trucks that had been doing business around the park for years. I have seen his most recent communications with Mike Strong and was planning to get a letter out relative to the comments I made last night. I will get that out to you shortly. Take care, Selwyn From: To: CC: Subject: Food trucks Date: Wed, 1 Oct 2014 18:45:21 +0000 Selwyn, Thanks for your comments and insights into food trucks last night – and how food trucks on Meadow are viewed as direct competitors to our ta-paying brick and mortar establishments. Little Louie’s participated in the discussions when we set up the pilot program and they seemed OK with the experimental rules, but we certainly understand that things can play out differently than we imagine. The Board set up the rules with the understanding that it was on a trial basis for this very reason. The regulations we set up are going to be revisited before the end of the year to see what adjustments are in order. At this point, I believe the meeting will not take place for at least a month. If you would like to send me some written comments that can share with the Board we will be sure to include them. I am also asking that Mike Strong include you on the list of individuals that receives the agenda and meeting materials so you can attend if you wish. We are including the Little Louie’s team on the list. Thanks again for your insights. 1  Mobile Food Service Establishment Operations & Parking Map Downtown Location Map -- General Restrictions WA LNUT CEDAR RY RY CHER JEFFE D MEA U OW AP EL WA GA KE CH E CE Tower GREENBRIAR Rink MA N R ME A DO W ER CENTER E RM CH SHAG BARK CENTER SH Village UR T FIR S Green CH Park ALLEY WALTERS WALTERS CEDAR BREESWAY ELM ELM ELM LORE SYCAMORE ORCHARD MAPLE SPRUCE NZ MAPLE MAPLE MAPLE MAPLE ALLEY OAK Meadowhill Park OAK OAK OAK Legend I No Parking Allowed MFSE Type 2-3 Allowed MFSE Type 1 Restricted Village Parks MFSE Type 1-3 Allowed  Mobile Food Service Establishment Operations & Parking Map Downtown Location Map -- Special Event Restrictions ME A CEDAR WA LNUT DO ERY E AD CHERRY JEFF W M AP OW EL PORTSMOUTH CH E GREENBRIAR CE Tower Rink MA R WAU A GA ME KE N DO W ER M ER CH SHAG BAR K CENTER SH Village UR T Green FIR S CH Park ALLEY CEDAR WALTERS WALTERS BREESWAY LORE ELM ELM ELM SYCAMORE ORCHARD SPRUCE MAPLE NZ MAPLE MAPLE MAPLE MAPLE ALLEY OAK Meadowhill Park Legend I 500' Parking Buffer MFSE Type 1 Restricted No Parking Allowed Village Parks MFSE Type 1-3 Allowed  Ordinance 2014-30 An Ordinance Amending the Northbrook Municipal Code (1991), as Amended, Regarding the Regulation of Mobile Food Service Establishments Passed by the Board of Trustees, 5/27/2014 Printed and Published 5/28/2014 Printed and Published in Pamphlet Form by Authority of the President and Board of Trustees VILLAGE OF NORTHBROOK COOK COUNTY, ILLINOIS I hereby certify that this document was properly published on the date stated above. /s/ Debra J. Ford Village Clerk Page 1  Ordinance 2014-30 BE IT ORDAINED by the President and Board of Trustees of the Village of Northbrook, County of Cook and State of Illinois THAT: An Ordinance Amending the Northbrook Municipal Code (1991), as Amended, Regarding the Regulation of Mobile Food Service Establishments shall be, and is hereby, adopted as follows: Section 1. BACKGROUND. The Communication and Legislation Committee of the Board of Trustees for the Village of Northbrook has recommended that certain standards regarding the licensing of mobile food service establishments ("MFSEs") be adopted to help protect the health, safety and welfare of citizens within the Village. The amendments to the Village of Northbrook Municipal Code (1991), as amended ("Municipal Code"), set forth in this Ordinance and are recommended for adoption by the Village staff. The President and Board of Trustees hereby find that the adoption of this Ordinance pertains to the Village's government and affairs and is in the best interest of the Village and the public, and adopt this Ordinance pursuant to the Village's home rule powers. Section 2. AMENDMENT TO CHAPTER 13 OF THE MUNICIPAL CODE. Chapter 13 of the Municipal Code, entitled "Food," shall be, and is hereby, amended as follows: [Added text bold and double underlined; deleted text struck through]: A. Section 13-1, entitled "Definitions," of the Municipal Code shall be, and is hereby, amended as follows: i. by amending the definition of "Food delivery vehicle" as follows: Page 2  Food delivery vehicle means any vehicle that is primarily used for the delivery of food or beverages to consumers in the village, on request for such delivery, but does not include vehicles that primarily make deliveries to licensed food establishments, food stores or mobile food service establishments, as defined in this section. i. by replacing the definition of "Mobile food service establishment" in its entirety with the following definition: Mobile food service establishment (MFSE) means any vehicle, cart or trailer, whether motorized or non-motorized that serve, dispense, or sell food or beverages for retail purchase by consumers primarily for immediate human consumption. Mobile food service establishments shall be divided into the following categories: Risk Type 1: MFSE offering only prepackaged frozen foods. Risk Type 2: MFSE offering hot or cold prepackaged foods from temperature controlled containers and dispensing beverages. Risk Type 3: MFSE offering foods that are cooked or prepared with minimal assembly within the MFSE B. Section 13-6, entitled "Inspections," of the Municipal Code shall be, and is hereby, amended as follows: (a) Frequency of inspections. At least once every six (6) months, the village sanitarian shall inspect each food establishment and food vending machine within the village and shall make as many additional inspections and reinspections as are necessary for the enforcement of this chapter. The village sanitarian shall inspect each MFSE operating in the Village in accordance with the following schedule: 1. Risk Type 1 MFSE: One inspection annually; 2. Risk Type 2 MFSE: Two inspections annually; and 3. Risk Type 3 MFSE: Three inspections annually. (b) Right of entry. The village sanitarian, after proper identification, shall be permitted to enter at any reasonable time any food establishment or premises on which food vending machines are located in the village for the purpose of making inspections to determine compliance with this chapter. The village sanitarian shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received Page 3  or used and persons employed. The village sanitarian shall also be permitted to enter at any reasonable time any food processing establishment or food service establishment that prepares or packages food to be offered by an MFSE licensed by the village, even if such facility is outside of the jurisdiction of the village. * * * C. Section 13-10, entitled "Food from Outside Jurisdiction of Village," of the Municipal Code shall be, and is hereby, amended as follows: Food from establishments outside the jurisdiction of the village may be sold in the village provided such food establishments conform to the provisions of this chapter or to substantially equivalent provisions. This provision shall also apply to food establishments that supply food for special charity events for nonprofit organizations, mobile food trucks and portable food carts and MFSEs. To determine the out-of-village food establishment's compliance with public health laws, the EHBLO shall require a copy of the latest health inspection report and state certification where such food establishment is located and such food establishment shall provide all such information. D. Section 13-27, entitled "Application and issuance," of the Municipal Code, shall be, and is hereby, amended by adding a new subsection 13-27(e) as follows: (e) Any applicant desiring to operate a MFSE must provide the following supplemental documentation with its permit application. (1) The name and address of the food preparation establishment or food service establishment where food items are to be prepared and/or packaged for sale by the MFSE with copies of the establishment’s most recent health inspection report and state certification; (2) a description of the nature of the goods offered by the MFSE; (3) A letter of agreement from the food preparation establishment or food service establishment where food items are prepared and/or packaged for sale by the MFSE agreeing to comply with the Village's food and health regulations and consenting to inspection by the village sanitarian; (4) A list of location(s) and time(s) the MFSE will be Page 4  conducting its operations within the Village; (5) Copies of all necessary licenses or permits required by state health or transportation authorities for the operation of the MFSE; and (6) If the MFSE will be operating on private property, the permit application must include the written consent of the property owner stating the MFSE is allowed to operate on the property. E. A new article IV, entitled "MOBILE FOOD VEHICLE VENDORS" shall be added to Chapter 13, and such new article shall be and read as follows: ARTICLE IV. MOBILE FOOD SERVICE ESTABLISHMENTS. 13-50 General. Each MFSE that is permitted to operate in the Village shall be operated in strict compliance with the regulations set forth in this Article IV as well as all applicable ordinances, laws, rules and regulations, including, without limitation, all zoning, building, health, fire and safety regulations, all other provisions of this code. If a conflict arises between applicable regulations, the strictest regulation shall control. 13-51 Location restrictions. (a) Permitted Operating Areas: Any Risk Type 2 or Risk Type 3 MFSE may not serve, dispense, or sell food or beverages on any public street or right-of-way in the village with the exception of those areas designated for MFSE operation in the annual fee ordinance. All MFSEs will be required to comply with all parking regulations and fees in the permitted operating areas. Risk Type 1 MFSEs may serve, dispense, or sell prepackaged frozen foods on public streets or rights-of-way throughout the Village; provided, however, that all MFSEs, regardless of risk types, must comply with the minimum distance requirements set forth in subsection 13-51(c). (b) Operation in Parking Lots: A MFSE may not serve, dispense, or sell food or beverages in a public or private parking lot within the corporate limits of Northbrook without having first obtaining written consent to operate from the owner of the property on which the lot is located. A copy of such written consent shall be maintained in the MFSE for review on request by any Village employee or officer. (c) Minimum Distance from Existing Food Service Establishments: With the exception of those permitted operating areas designated in subsection 13-51 (a) or in parking lots as permitted in subsection 13-51 (b), a MFSE may not serve, dispense, or sell food or Page 5 beverages in any location that is located within five hundred (500) feet of the primary entrance to a food service establishment in the Village that is not a MFSE. This prohibition may be waived if the operator of the MFSE has obtained written consent of the owner of the food service establishment to operate within this minimum distance. A copy of such written consent shall be maintained in the MFSE for review on request by any Village employee or officer. (d) Minimum Distance from Special Events: Notwithstanding any other regulation in this Article IV, a MFSE may not serve, dispense, or sell food or beverages within five hundred (500) feet of the lot line of a property on which any fair, carnival, circus, festival, special event, or civic event that has received a special event permit from the village is occurring. This prohibition may be waived if the operator of the MFSE has obtained written consent of person issued the special event permit to operate within this minimum distance. A copy of such written consent shall be maintained in the MFSE for review upon request by any Village employee or officer. 13-52 Sanitation, inspections, and operations. (a) All MFSEs shall be kept in a clean and sanitary condition. It shall be the duty of the village sanitarian to make or cause to be made such inspections as may be necessary to ensure all MFSEs are kept in a clean and sanitary condition. The village sanitarian, bearing proper identification, shall be permitted to enter any MFSE at any reasonable time for the purpose of inspecting to determine whether the operator of the MFSE has complied with the terms of this chapter. Additionally, the operator of the MFSE shall, on request, provide the village sanitarian with the records of the MFSE to obtain information pertaining to food and supplies purchased, received, or used. Denial of access to the MFSE or to said records shall be deemed an interference with the village sanitarian in the performance of his/her duties. (b) All food storage, preparation and distribution of food, and vehicle equipment must meet applicable Illinois Department of Public Health standards and requirements, as well as standards to be determined by the village sanitarian. (c) All food, beverages, ice and other materials offered to the public or used in preparation of food or beverages to be sold must be obtained from an approved commercial source. (d) All off-site food preparation and food storage must be conducted at a properly licensed food preparation establishment or food service establishment. Food may not be prepared in a residences or other unpermitted or licensed facility. (e) All waste liquids, garbage, litter and refuse generated by an MFSE or its customers shall be kept in leak-proof, nonabsorbent containers which shall be kept covered with tight-fitting lids and properly disposed of at Page 6  the affiliated food preparation establishment or food service establishment. No waste liquids, garbage, litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, drains, trash receptacles, or any other place except the affiliated food preparation establishment or food service establishment. One (1) refuse/garbage and one (1) recycling receptacle shall be provided by the MFSE and easily accessible for customer use. MFSE operators shall be responsible for the removal of all litter and garbage left by customers within a fifty (50) foot radius of the location of operation. (f) Hours of operation. A MFSE may be open to the public only between the hours of 7:00 a.m. and 10:00 p.m., Monday through Friday, and the hours of 8:00 a.m. and 10:00 p.m., Saturday and Sunday. Daily set up of a MFSE may not occur before 6:00 a.m. and the end of the day clean up must be completed no later than 10:30 p.m. Hours of operation beyond these specified hours for private events may be authorized only with prior approval by the village manager. (e) Noise pollution. During all hours of operation, a MFSE shall comply with the noise regulations set forth in article III of chapter 16 of this code. (g) Signage Furnishing and Fixtures. All identifying information, logos, advertising, decorations, or other displays on the exterior of a mobile food vehicle shall conform to the purposes set forth in Article IX of the Village of Northbrook Zoning Code, to the extent possible. In particular, exterior displays shall be designed to minimize confusion or distraction that jeopardizes vehicular and pedestrian safety. It shall be unlawful for a mobile food vehicle vendor use or cause to be displayed while in transit or motion flashing or electronic signs, or illuminated signs. It shall be unlawful for vendors of mobile food vehicles to display or utilize any signage that is not permanently affixed to a mobile food unit unless a temporary sign permit application was filed in accordance to Article IX of the Village of Northbrook Zoning Code. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect ten days following its passage, approval, and publication in pamphlet form in the manner required by law. Page 7 Adopted: 5/27/2014 RESULT: ADOPTED [UNANIMOUS] MOVER: Todd Heller, Trustee SECONDER: Bob Israel, Trustee AYES: Karagianis, Buehler, Scolaro, Heller, Israel ABSENT: Kathryn Ciesla, Sandra Frum ATTEST: James A. Karagianis Village President Pro Tem /s/ Debra J. Ford Village Clerk Page 8  MEMORANDUM GENERAL GOVERNMENT TO: RICHARD A. NAHRSTADT, VILLAGE MANAGER FROM: ROB SABO, ASSISTANT TO THE VILLAGE MANAGER DATE: FEBRUARY 20, 2015 SUBJECT: WILDLIFE GROUND FEEDING REGULATIONS As you may recall, Village staff presented a report regarding ground feeding regulations at the August 12, 2014 Regular Board of Trustees meeting which was referred to the Communications and Legislation Committee. Village staff has received complaints from two residents regarding their neighbor placing food on the ground for wild animals. The complaints (attached) state that the ground feeding is causing an increase in nuisance wildlife roaming their properties in search of food. The complainants further detail the impacts they are experiencing due to the increased wildlife presence. The Northbrook Village Code currently has regulations which prohibit the harboring of “dangerous, feral, undomesticated, vicious, or wild animals”, but there is no specific language which prohibits ground feeding of wild animals. Staff surveyed 130 Chicago area municipalities to ascertain their regulations pertaining to the feeding of wild animals on private property. Of the 130 surveyed municipalities, 35 prohibit the feeding of wild animals with various exceptions made for bird feeders. The complete survey results are attached for your review. The questions for the Committee to consider are: a) Should the Village amend the Municipal Code to specifically address ground feeding of wild animals? b) Should the current regulations remain unchanged? Staff will be available at the February 24 Communications and Legislation Committee meeting to answer any questions.  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals Municipality Municipal Code Regulation Wild/Feral Animal Feeding Municipal Code Section Feeding of animals, birds insects and vectors. No person shall: a) Conduct an activity or create a condition, including feeding, that attracts animals, birds, insectors or vectors in a manner or in numbers that causes damgage to other property or creates a hazard to the health of others; or b) Feed food scraps or any material (other than Alsip bird feed or animal feed purchased at a store, grain or seeds) to any animal, bird, insect or vector other than to a licensed pet residing at the person's property; or c) Throw or place any type of food or food scraps on the ground or any surface (other than in a feeder) for the purpose of feeding any animal, bird, insect or vector; or d) Maintain feeders for animals, birds, insects or vectors with a total surface area of more than one square foot, regardless of the number of feeders. 5-9-5 Antioch None N/A Arlington Heights None N/A Nuisance feeding prohibited. The feeding of any mammal by any means, including Aurora hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to public health or safety is hereby declared to be a public nuisance and to be unlawful. 9-12 Bannockburn None N/A Barrington None N/A Barrington Hills None N/A Batavia None N/A It is a public nuisance for any owner/operator/resident of any lot, place or area Beach Park within the village to allow, keep, maintain or permit upon any such lot, place or area more than ten (10) pounds of bird feed at any time which is available to birds. 8.12.260(T) It shall be unlawful for any person to feed any food substance to any animal (except Bedford Park for domesticated animals) within the village. 9-6-2 Bensenville None N/A No person shall feed, or cause the feeding of, any wild/feral animals and/or birds within the corporate limits of the city. The feeding of wild/feral animals and/or birds Berwyn shall be allowed in residential areas provided that all feed must be placed in a container, receptable or feeder designed for the feeding of wild/feral animals and/or birds. No more than two feeders allowed per residential lot of record. 616.14 Bloomingdale None N/A The harborage or rats, rodents or other vermin is hereby declared to be a nuisance Broadview and injurious to the public health, safety and welfare. It shall therefore be unlawful for any person to allow conditions on property under his control to exist which will allow rats, rodents or vermin to nest, seek shelter or feed. 4-3A-1 It shall be illegal to make food, salt, mineral blocks or other products for ingestion by Brookfield wild deer or other wildlife in areas where wild deer are present. Elevated bird or squirrel feeders are exempt when located within 100 feet of a dwelling unit. 10-219 Buffalo Grove None N/A Carpentersville None N/A Cary None N/A Cicero It shall be unlawful to intentionally feed stray animals, including birds. 18-13(a) Clarendon Hills None N/A Deerfield None N/A Deer Park None N/A It shall be prohibited to feed any nuisance wildlife, whether on private or public Des Plaines property. Nuisance animals include, but are not limited to, squirrels, raccoons, skunks, opossums, fox and coyotes. 6-1A-19 1  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals It shall be unlawful for any person to cause, permit or maintain the existence of any nuisance as enumerated in Section 13-7 on any property located within the corporate limits of the Village. (b) To intentionally feed any wild animals within the Village such that as a natural and predictable result of the amount and type of food given a wild animal or animals, and/or the repetitive nature of the feedings made, Downers Grove the wild animal or animals does any of the following: (1) Creates a habitat on occupied property which becomes offensive or detrimental to the neighborhood; (2) Causes substantial damage to a neighboring or adjacent property owner's tangible personal property or real property; or (3) On more than one occasion, leaves feces on real or personal property. For the purposes of this section, wild animals include, but are not limited to, raccoons, deer, skunks,coyotes, squirrels, possum and fox. 13.6b Nuisance feeding prohibited. It shall be unlawful to feed any cat, or other wildlife East Dundee except birds, including hand feeding or the placing or setting out of food to be left attended or unattended, which creates or has the potential to create a hazard to public health or safety and is hereby declared to be a public nuisance. 92.18 Elgin None N/A Ground Feeding: It shall be unlawful for any person to knowingly or intentionally leave unused animal food or food waste outdoors to accumulate and become foul, Elk Grove Village putrid, and offensive in odor, or become an attractant to rodents, nuisance birds, wild animals, vermin or insects. 4-2-2(J) Elmhurst None N/A Elmwood Park None N/A Ground feeding prohibited. All feed must be placed within an approved container, receptacle or feeder designed for the feeding of wild/feral Evanston mammals and/or birds and as defined in this section. The number and types of feeders are regulated. 8-3-8-2 No person shall: a) Conduct an activity or create a condition (including feeding) that attracts animals, birds insects or vectors in a manner or in numbers that causes damage to other property or creates a hazard to the health of others; or b) Feed food scraps or any material (other than bird feed or animal feed purchased at a store, grain or seeds) to any animal, bird, insect or vector other than to a licensed Evergreen Park pet residing at the property; or c) Throw or place any type of food or food scraps on the ground or any surface (other than in a feeder) for the purpose of feeding any animal, bird, insect or vector; or d) Maintain feeders for animals, birds, insects or vectors with a total surface area of more than one square foot, regardless of the number of feeders. 4-16 Forest Park None N/A Fox Lake It shall be unlawful to feed any migratory waterfowl. 4-3-6-3(A) Franklin Park None N/A Geneva None N/A Glen Ellyn None N/A Glencoe None N/A Glendale Heights None N/A Glenview None N/A Golf None N/A Grayslake None N/A Gurnee None N/A Harwood Heights None N/A Hawthorn Woods None N/A Hazel Crest None N/A Highland Park None N/A Highwood None N/A Hillside None N/A Ground feeding prohibited. All feed must be placed within an approved container, Hoffman Estates receptacle or feeder designed for the feeding of wild/feral mammals and/or birds and as defined in this section. The number and types of feeders are regulated. 7-6-18 Inverness None N/A Island Lake None N/A Joliet None N/A Kenilworth None N/A Kildeer None N/A Lake Barrington None N/A 2  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals Lake Bluff None N/A Lake Forest None N/A Lake Villa None N/A Lemont None N/A Libertyville None N/A Lincolnshire None N/A No person shall place food on or near the ground for the purpose of feeding any Lincolnwood animals. Nothing in this section shall be deemed to prohibit the use of bird feeders for the purpose of feeding birds other than pigeons. 11-3-20 The feeding or or making food available to migratory waterfowl (swans, geese, brant, river and sea ducks and any other waterfowl that generally follow a seasonal Lindenhurst migration pattern) on publicly or privately owned land or water which results in the congregation or congestion of migratory waterfowl or in an accumulation of waterfowl feces or droppings shall be considered a public nuisance. 94.04(Q) Intentionally feeding wild animals prohibited. It shall be unlawful and a nuisance for Lisle any person to intentionally feed, shelter or otherwise harbor any wild animals within the village. For purposes of this section, wild animals include, but are not limited to, raccoons, geese, ducks, deer, skunks, coyotes, squirrels, possum and fox. 8-1-3 Lombard No person shall feed, or cause the feeding of, any wild/feral animals and/or birds within the corporate limits of the Village of Lombard, on residentiial property. 90.33 Long Grove None N/A Mettawa None N/A Melrose Park None N/A Ground feeding prohibited. The ground feeding of birds, cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossums, skunks, deer, ducks or any other wild animals is prohibited in order to prevent rodent infestation, disease from feces, and a peading, casting, lay, depositing or dumping of feed including, but not limited to, Midlothian birdseed, corn, bread pieces, food scraps or any like or similar substance, on any public or private property in the village. Aboveground hanging bird feeders are allowed as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds. 6-2-18 Morton Grove None N/A Mt. Prospect None N/A Mundelein None N/A Naperville None N/A New Lenox None N/A Niles None N/A Norridge None N/A North Barrington None N/A North Chicago None N/A Northfield None N/A Northlake None N/A Oak Brook None N/A No person on public or private property shall attract or feed wild and/or stray domestic animals, including but not limited to stray cats, stray dogs, seagulls, geese, Oak Forest skunks, raccoons, squirrels or deer within the city limits. Nothing contained herein shall prohibit persons from feeding bitds on their private property using bird feeders or other receptacles. 95.54(C) Oak Lawn None N/A Oak Park None N/A Any person who performs or permits ground feeding of birds or animals, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, Orland Park opossums, skunks, deer, geese or any other wild animals on public or private property within the Village shall be deemed guilty of a violation of this section. Above-ground hanging bird feeders are allowed as long as all feed is placed in a container or feeder designed for a specific purpose of feeding birds. 8-6-6-6 Olympia Fields None N/A Palatine None N/A It is unlawful for any person to place outdoors any meat, fowl or any byproducts Palos Hills thereof, for the purpose of feeding animals. This prohibition includes areas which are privately or publicly owned. 6.04.045 3  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals Park Forest None N/A Park Ridge None N/A Prospect Heights None N/A River Forest None N/A River Grove None N/A It shall constitute a violation of this provision for any person to feed or otherwise deposit upon his property any household food, garbage or other edible products, in Riverside the open, in such manner as to attract any stray dog or cat not owned by said person or any other domestic animal or rodent or other wild animal at or upon the property of said person within this village. 6-2-1 Riverwoods None N/A Rolling Meadows None N/A Roselle None N/A Round Lake None N/A It shall be unlawful for any owner of any lot, place or area within the village to allow, Round Lake Beach keep, maintain or permit upon any such lot, place or area more than ten pounds of bird feed at any time which is available to birds. 6-1-2(A)20 Schaumburg None N/A It is declared a public nuisance and shall be unlawful to feed any animals in the Village whereby as a natural and predictable result of the amount and type of food given to the animals and/or the repetitive nature of the feedings made, the animal does any of the following: 1) Creates a habitat on occupied property which becomes Schiller Park offensive or detrimental to the neighborhood; 2) Causes substantial damage to a neighboring or adjacent property owner's tangible personal or real property; or 3) On more than one occasion, leaves feces on real or personal property. For the purposes of this section, animals include, but are not limited to, raccoons, deer, skunks, possum, coyotes, birds, squirrels, stray or feral cats and fox. The prohibiton does not apply to bird feeders. 91.12 Shorewood None N/A Ground feeding prohibited. All feed must be placed within an approved container, receptacle or feeder designed for thefeeding of wild/feral Skokie mammals and/or birds and as defined in this section. The number and types of feeders are regulated. 18-11 South Barrington None N/A South Holland None N/A Ground feeding prohibited. The ground feeding of feral animals is hereby declared a Streamwood nuisance and is prohibited. 4-2-5(G) Sugar Grove None N/A Summit None N/A Any person who performs or permits ground feeding of animals and/or birds, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoon, opossum, skunk, deer, ducks, geese or any other wild animal on public or private Tinley Park property within the Village shall be guilty of a violation of this section. Above ground hanging of bird feeders is allowed as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds and the area around the feeder is kept free and clear of bird food. 91.53 No person shall place table scraps, seed or other food out-of-doors in residentially zones areas, outside of appropriate rubbish containers and in such a manner as to deliberately attract raccoons, skunks, deer, possums, foxes, squirrels or other wild University Park mammals and thereby cause these animals to become habituated to humans. That this prohibition shall not apply to feed set out for wild birds, and placed in feeders located in such a way as to discourage access to the feeders by the animals described herein. 610-02(g) Vernon Hills None N/A Villa Park None N/A Volo None N/A Wadsworth None N/A Warrenville None N/A Waukegan None N/A West Chicago None N/A 4  Municipal Code Survey of Regulations of the Feeding of Wild/Feral Animals West Dundee None N/A Keeping or feeding certain animals prohibited. No person shall feed or otherwise deposit upon his property any household food, garbage, or other edible products, in the open, in such manner as to attract any stray dog or cat not owned by said Westchester person or any other demoestic animal, rodent, bird, or wild animal at or upon the property of said person within the village. Simple, casual feeding of birds with bird seed, corn, bread, nuts or similar types of natural products is permitted if not excessive and does not create a public nuisance. Bird feeders, bird houses and bird baths must be at least three feet from the ground. 10.12.010 Western Springs None N/A Westmont None N/A Feeding feral cats, feral dogs, and other wild animals prohibited. It shall be unlawful Wheaton for any person to feed any feral cat, feral dog, raccoon, skunk, opossum or coyote within the city, except after confinement of the animal within a kennel or other wildlife authorized facility operating in conformance with all applicable laws. 14-102 Wheeling None N/A Willowbrook None N/A It shall be unlawful for any person to place, scatter, leave or otherwise set food of any kind outside, whether directly on the ground or in a bowl, on any public or private property within the Village (including property owned by such person) so as Wilmette to be accessible for consumption by any animal. This prohibition does not include the placement of bird food in containers designed for or inteded for the feeding of birds which are maintained at least four (4) feet above the ground and affixed to a tree, pole, apparatus, or other structure. 4-1.3b Winfield None N/A Winnetka None N/A Wood Dale None N/A Woodridge None N/A It shall be unlawful for any owner of any lot, place or area within the village to allow, Zion keep, maintain or permit upon any such lot, place or area more than ten pounds of bird feed at any time which is available to birds. 62-402(a)20 5 From: Chris Maisch [mailto:chris@shepherdpreservation.com] Sent: Monday, July 07, 2014 11:32 AM To: Village Subject: Animal Control-Board Meeting July 8 Board of Trustees, I understand that there will be a discussion at the 7/8/14 Board meeting regarding animals. There has been a steady increase in animal activity in our neighborhood over the 12 years we have lived here, namely birds, skunks & raccoons and, as of last year, coyotes where one was actually killed by animal control in our driveway because it was rabid. At least in good part, our animal problems can be attributed to a nearby neighbor who feeds and harbors such animals. Over the course of our living here the neighbor has laid out sandwiches, ripped open bags of bird seed and spread them on the ground in the yard, created spaces in the yard where large animals can nest, and has hung numerous (10+) bird feeders in the yard. You can see flocks of birds flying into and out of the neighbor's property. You can also see animals at feeding time heading in and out of the same neighbor's property to eat. We are afraid to let our dogs out past dark because they have been skunked so many times now. We are even cautious getting out of our own car at night to walk to our front door because skunks have popped out of our front bushes and raised their tails. Sitting on our back patio we have faced a family of raccoons climbing our back tree and hissing at us while our kids were playing in the yard. We should not live in fear of enjoying our own properties. The first step in addressing the animal issue, at least in our neighborhood, is creating concrete regulations regarding animal feeding and harboring. Thank you for your consideration. Illinois Road Resident