Rising Sun leaders clarify food-truck rules after social-media uproar

A public comment and a lengthy mayoral statement at the Town of Rising Sun’s April 26 meeting clarified the town’s approach to food trucks after an article raised questions and social-media posts amplified confusion.

Resident Emily Kleiner asked whether food trucks operating on the Ace Hardware property were renting space and whether the town could charge a fee if vendors were not using town services. Town Administrator explained that the town’s zoning code designates the site as central commercial and that restaurants are permitted in that district. He said zoning and licensing checks (health permits, fire safety, buffer and parking requirements) apply to private properties as well as public lots. The administrator described the intent as “leveling the playing field,” ensuring mobile food vendors meet the same safety, parking and licensing expectations as brick-and-mortar establishments rather than imposing an ad hoc ban.

The administrator noted the town already requires a $75 annual zoning certificate for businesses in town and said vendors must carry the same basic permits (health license, business license) and comply with parking and buffer rules; nonprofits and community groups that provide services without profit are treated differently. He said any fee adjustments discussed earlier were a change to the fee schedule (not a new ordinance) and that no resolution had been drafted or passed.

Mayor addressed the board at length to underline process expectations and criticize public mischaracterizations of staff proposals. He said the proposal to change transient-business fees was introduced by staff as a concept for discussion, not as a law, and he urged elected officials to legislate in public meetings rather than on social media. “When you went on Facebook and stated you were opposed to any new regulation regarding food trucks...you knew this was not new regulation and you undermined the legislative process,” the mayor said, criticizing posts that he said misled residents about the town’s intent. He urged staff to resolve legacy ordinance language that could be interpreted to prohibit vendors and to bring clear, written proposals to the board.

Several commissioners and staff said the town will not charge nonprofits for typical community activities (for example, Boy Scouts flower sales) and that the town’s priority is public safety, compatibility with neighbors and equitable treatment of businesses.

The board did not vote on a fee change during the meeting; staff said they will return with clarifying language and any needed draft ordinance or resolution for public review and formal action.