Food trucks may get green light during shutdown

With the coronavirus pandemic limiting restaurants to carry-out and delivery options, the Port Washington Common Council is mulling the creation of an ordinance regulating food trucks on city streets.

Aldermen asked City Attorney Eric Eberhardt on April 8 to draw up an ordinance for their consideration after two local restaurants — Yummy Bones and Fork and Tap — asked to operate their food trucks outside their eateries on city streets during the pandemic.

The city has allowed food trucks if they are parked on private property, City Administrator Mark Grams told the Common Council, but not on city streets.

But, he added, “We really have no ordinance regulating food trucks in the city.”

Grams said that Yummy Bones would like to park its food truck either on Main or Franklin street, while Fork and Tap wants to park its vehicle on Main Street.

He asked if the city could limit food trucks to those operated by businesses within the community, something Eberhardt said he has “grave legal concerns” about.

Ald. John Sigwart said he doesn’t understand why the restaurants would rather operate from the food trucks instead of their buildings.

“I can’t see why he would want to have that noisy food truck in front of his business,” he said of Yummy Bones owner Robert Meredith, noting he was at the restaurant when Gov. Tony Evers’ Safer at Home order came down.

“I find this to be unnecessary.”

Staffing the truck may be easier for the businesses than staffing the restaurants, Grams said.

The city needs to be careful, Ald. Dan Benning said, noting that many local restaurants have vehicles with their logos that aren’t necessarily food trucks.

“I’m hesitant to be burdensome,” he said, particularly during the pandemic. “Things aren’t normal right now. But this gets to be real sticky real fast.”

City Clerk Susan Westerbeke said she receives numerous requests from food trucks to operate in the city.

“Food truck businesses call me all the time,” she said. “We’ve had individuals ask to set up food stands in front of brick-and-mortar restaurants.”

A few years ago, Grams added, a coffee vendor wanted to set up shop in the marina parking lot. The city required him to get a solicitor’s license and to be constantly moving.

Several years ago, the City of Cedarburg had issues with food trucks parking in front of existing restaurants, Ald. Mike Gasper said, so they put restrictions on them “that effectively moved the food trucks into Grafton.”

He suggested that if the city creates an ordinance, it requires food trucks to park a set distance from restaurants.

Eberhardt suggested adapting the City of Sheboygan’s food truck ordinance to Port, noting it requires a city license to operate these vehicles, prohibits them from parking next to or within a 100-foot radius of any licensed eatery and from parking within 500 feet of a fair, farmers market or similar event unless they have permission to do so.

If the city doesn’t want to adopt an ordinance regulating food trucks, Eberhardt said, it could still allow the local businesses to pull their vehicles next to their restaurants.

The city has installed signs designating pick-up zones in front of downtown restaurants since the pandemic began, he noted, even though they may not be “according to the letter of the law,” he noted.

“You could relax enforcement (of the city’s parking regulations) during this temporary time,” he told aldermen, or grant the restaurants a temporary license allowing them to park on the streets for the time being.

“There’s not a lot of activity down there right now.”

Aldermen said they wanted to have an ordinance drawn up, and Eberhardt said he would base it on Sheboygan’s.

Aldermen are expected to take up the matter again when they meet next month.