ORDINANCE NO. 884 AN ORDINANCE TO AMEND CHAPTER 1640, MISCELLANEOUS REGULATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF COLDWATER   WHEREAS, the City Council is vested with the policy-making powers of the City of Coldwater as provided in Section 4.1 of the City Charter and the legislative powers for the City as provided in Section 5.1 of the City Charter; and WHEREAS, the Fire Prevention Code, specifically MCL 29.2b, authorizes cities to designate a local Fire Marshal to be employed as a full-time fire inspector through an organized fire department and certified by the Bureau of Fire Services; and WHEREAS, the City of Coldwater has designated an employee as the local Fire Marshal and fire inspector; and WHEREAS, the City has adopted the National Fire Prevention Code (NFPA), which includes regulation of mobile and temporary cooking and authorizes the adoption of local permit requirements; and WHEREAS, county health department inspections of food trucks does not address fire safety standards outlined in the NFPA; and WHEREAS, the proliferation of food trucks operating within the City of Coldwater warrants adoption of a fire inspection requirement to ensure that all food trucks operating within the City are safe to the operators and the general public; NOW THEREFORE, THE CITY OF COLDWATER HEREBY ORDAINS: Section 1. Section 1640.07, Mobile Food Establishments, shall be added as follows: The purpose of this ordinance is to regulate temporary mobile food establishments to protect the health, safety, and welfare by requiring mobile food establishments within the City of Coldwater to meet certain fire safety standards. Section 2. Section 1640.08, Mobile Food Establishments Defined, shall be added as follows: (a) “Mobile Food Establishments” is defined as self-propelled structures with a motor, commonly referred to as a food truck, or trailer that is transported to a location in which food or beverage is prepared and served and that does not provide dining within the structure or trailer. (b) “Operating” as used in this ordinance shall mean preparing, serving or selling food from a mobile food establishment. Section 3. Section 1640.09, Fire Inspection Required, shall be added as follows: 1) Within thirty days of applying to the State of Michigan for a food establishment license or change in commissary under Michigan’s Food Law, MCL 289.1101 et. seq., and before operating any mobile food establishment within the City of Coldwater shall either: a) Schedule and pass an inspection by the Coldwater Fire Marshal, or b) Show proof of successful completion of an inspection by a Fire Marshal in another Michigan jurisdiction. 2) Inspections shall be conducted on an annual basis or whenever the mobile food establishment: a) Undergoes significant modification to its fire protection system, ventilation system, or cooking equipment; or b) Makes changes that impact the safety features of the mobile food establishment that are subject to fire safety regulation; or c) Undergoes any construction, alteration, modification, remodel or addition related to the fuel piping, electrical system, kitchen appliances, or fire suppression system; or d) Makes repairs that require a leak test for fuel piping or kitchen appliances. 3) In conducting these inspections the Coldwater Fire Marshal is authorized to any regional or statewide consortium to ease resource burdens and allow flexibility for mobile food establishments. Additionally, inspections may be done in conjunction with any county health department inspections. 4) Upon completion a copy of the inspection report shall be provided to the license holder, the county health department and any other agency or organization determined necessary by the Fire Marshal. 5) Inspections shall be subject to a fee set by City Council via resolution. Section 4. Section 1640.10, Additional Requirements, shall be added as follows: a) A mobile food establishment shall park in a manner that does not impede traffic, block sidewalks or fire lanes, or create a hazard. b) Discharge in to any public sewer or storm drain is strictly prohibited. Section 5. Section 1640.99, Penalty, shall be added as follows: A person who violates any provision of this Chapter is responsible for a municipal civil infraction and shall be subject to a fine of not less than $50.00, plus costs and other sanctions. Any subsequent offense within a one-year period shall be subject to a civil fine of not less than $100.00, plus costs and other sanctions. Section 6. Effective Date. This Ordinance shall be effective 21 days after adoption and after publication as prescribed by law.   The foregoing ordinance was duly adopted at a regular meeting of the Council of the City of Coldwater at which a quorum was present on March 9, 2026. /s/ Shauna Chávez, Clerk