City Ordinance Revisions 2026/03/24 Mobile Food Vendor Ord. 2557

View the PDF version Google Docs PDF Viewer

                                        City of Muskegon
                                      Muskegon, Michigan
                                       Ordinance No. 2537


THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 50-304 of Chapter 50 of the Code of Ordinances of the City of Muskegon, Michigan,
concerning definitions related to Mobile Food Vendors is amended to read as follows:

Sec. 50-304. Regulations.

(a) No operator of a mobile food vehicle/trailer/ stand shall park, stand or move a vehicle and
conduct business within areas of the city where the license holder has not been authorized to
operate. Areas for mobile food vehicles/trailers/stands to operate on private property shall be set
by the Zoning Ordinance. The city commission shall by resolution identify those streets and public
areas where parking by mobile food vehicles/trailers/stands is permitted.

(b) The customer service area for mobile food vehicles/trailers/stands shall be on the side of the
truck that faces a curb, lawn or sidewalk when parked on a street or right-of-way. No food service
shall be provided on the driving lane side of the vehicle/trailer/stand when parked on a street or
right-of-way. No food shall be prepared, sold, or displayed outside of mobile food vehicles/trailers/
stands when located on a city street or right-of-way.

(c) No mobile food stand may be larger than ten feet by ten feet nor more than 75 square feet in
size. A five foot clearance must be maintained on all sides of the stand within the maximum space
allotted.

(d) Customers shall be provided with single service articles such as plastic utensils and paper plates
and a waste container for their disposal. All mobile food vehicle vendors shall offer a waste
container for public use which the vendor shall empty at its own expense. All trash and garbage
originating from the operation of mobile food vehicles/trailers/stands shall be collected and
disposed of off-site by the operators each day. Spills of food or food by-products shall be cleaned
up, and no dumping of gray water on the streets is allowed

(e) No mobile food vehicle/trailer/stand shall make or cause to be made any unreasonable or
excessive noise. The operation of all mobile food vehicles/trailers/stands shall meet the city noise
ordinance, including generators. No loud music, other high-decibel sounds, horns, or amplified
announcements are allowed.

(f) Signage is only allowed when placed on mobile food vehicles/trailers/stands. No separate
freestanding signs are permitted on city streets, right-of-ways, or city-owned property.

(g) No flashing or blinking lights, or strobe lights are allowed on mobile food vehicles/trailers/
stands or related signage when the vehicle/trailer/ stand is parked and engaged in serving
customers. All exterior lights with over 60 watts shall contain opaque, hood shields to direct the
illumination downward.
(h) Mobile food vehicles/trailers/stands when parked on public streets shall be parked in
conformance with all applicable parking restrictions, and shall not hinder the lawful parking or
operation of other vehicles.

(i) Unless granted temporary approval by the city clerk, a mobile food vehicle/trailer/stand shall
not be parked on the street or public property between the hours of 3:00 a.m. and 6:00 a.m. or left
unattended and unsecured at any time. Any mobile food vehicle/trailer/ stand found to be
unattended shall be considered a public safety hazard and may be ticketed and impounded.

(j) A vendor shall not operate on public or private property within 1,000 feet of any city approved
special event, farmer’s market during market hours, or leased park, unless the vendor has obtained
permission from the event -sponsor-and-or lessee.-This license also does not-allow for the sale of
goods or services at any city-owned park/facility or farmer's market without a permit from the city.

(k) The issuance of a mobile food vehicle/trailer/ stand license does not grant or entitle the vendor
to the exclusive use of any service route or parking space to the license holder.

(1) A vendor shall not operate on private property without first obtaining written consent to operate
from the affected private property owner. A private property owner shall not permit parking by a
mobile food vehicle/trailer/stand until a license has been obtained to allow for such use.

(m) No mobile food vehicle/trailer/stand shall use external signage, bollards, seating or other
equipment not contained within the vehicle when parked on city streets or right-of-ways. When
extended, awnings for mobile food vehicles/trailer/ stand shall have a minimum clearance of seven
feet between the ground level and the lowest point of the awning or support structure.

(n) Any power required for the mobile food vehicle/trailer/stand located on a public way shall be
self-contained and a mobile food vehicle/trailer/ stand shall not use utilities drawn from the public
right-of-way. Mobile food vehicles/trailers/stands on private property may use electrical power
from the property being occupied or an adjacent property, but only when the property owner
provides written consent to do so. All power sources must be self-contained. No power cable or
equipment shall be extended at or across any city street, alley sidewalk, or right-of-way.

(0) Mobile food vehicles/trailers/stands shall not be parked within 100 feet of an existing brick and
mortar restaurant’s lot line (as measured from the service window to the lot line)during the hours
when such restaurant is open to the public for business, or closer than 50 feet from another
approved mobile food vehicle/trailer/stand unless the vendor has obtained permission from the
restaurant or mobile food vehicle/trailer/stand.

(p) Subsection (j) shall not apply to a mobile food vendor operating on private property when all
of the following conditions are met:

    (1) The property shall not be used as a commercial kitchen permitted for the preparation of
        food, where such use constitutes more than fifty percent (50%) of the gross revenue
        generated on the property.


    (2) Any water supply or electrical service utilized by a mobile food vendor shall be provided
        only through utility connections that have been installed for use by a mobile food vendor
       and lawfully installed and maintained in compliance with all applicable building,
       plumbing, electrical, health, and safety codes.


   (3) The property owner or occupant in lawful possession of the property has allowed mobile
       food vendors to operate on the property for no fewer than ten (10) days during the thirty
       (30) day period immediately preceding the date the vendor operates on the property
       pursuant to this subsection; and


   (4) The vendor operates on the property with the express written permission of the property
       owner or occupant in lawful possession of the property.



This ordinance adopted:


Ayes: Kilgo, Keener, German, Jackson, Kochin, St.Clair, and Johnson
Nayes: None
Adoption Date: March 24, 2026
Effective Date: April 10, 2026
First Reading: March 24, 2026
Second Reading: N/A




                                                  CITY OF MUSKEGON




                                             aaron ve \N
                                                  Ann Marie Meisch, MMC, Its Clerk
                                          CERTIFICATE


      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
amended by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 24th day of March, 2026 at which meeting a quorum was present and remained
throughout, and that the original of said ordinance is on file in the records of the City of Muskegon.
I further certify that the meeting was conducted, and public notice was given, pursuant to, and in
full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and that minutes
were kept and will be, or have been made available as required thereby.


                                                       CITY OF MUSKEGON




Published: March 31, 2026                          oy. de NO, KW
                                                       Ann Marie Meisch, MCC
                                                       Clerk, City of Muskegon


 Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.
                                    CITY OF MUSKEGON
                                   NOTICE OF ADOPTION


TO: ALL PERSONS INTERESTED


       Please take notice that on March 24, 2026 the City Commission of the City of Muskegon
adopted an amendment to Section 50-304, summarized as follows:


Section 50-304 is amended to create an exception to the 1,000 prohibition on mobile food vendor
operation on public or private property within 1,000 feet of any city approved special event,
farmer’s market during market hours, or leased park, when certain criteria are met; more
specifically:


(p) Subsection (j) shall not apply to a mobile food vendor operating on private property when all
of the following conditions are met:

    (1) The property shall not be used as a commercial kitchen permitted for the preparation of
        food, where such use constitutes more than fifty percent (50%) of the gross revenue
        generated on the property.


   (2) Any water supply or electrical service utilized by a mobile food vendor shall be provided
       only through utility connections that have been installed for use by a mobile food vendor
       and lawfully installed and maintained in compliance with all applicable building,
       plumbing, electrical, health, and safety codes.


   (3) The property owner or occupant in lawful possession of the property has allowed mobile
       food vendors to operate on the property for no fewer than ten (10) days during the thirty
       (30) day period immediately preceding the date the vendor operates on the property
       pursuant to this subsection; and


   (4) The vendor operates on the property with the express written permission of the property
       owner or occupant in lawful possession of the property.


Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, 49440 during regular business
hours.


       This ordinance amendment is effective ten (10) days from the date of this publication.




                                                    CITY OF MUSKEGON


Published: March 31, 2026                           By: Ann Marie Meisch, MCC
                                                    Clerk, City of Muskegon

Go to the top of the page.


Sign up for City of Muskegon Emails