HomeMy WebLinkAboutOrdinance No. 2015-2148 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2015- c2 I qj
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY
REPEALING IN ITS ENTIRETY CHAPTER 6, ARTICLE VI, SECTION
6-168, ENTITLED "MOBILE FOOD TRUCK," AND REPLACING IT
WITH A NEW CHAPTER 6, ARTICLE VI, SECTION 6-168, ENTITLED
"MOBILE FOOD TRUCK," BY ESTABLISHING RULES AND
REGULATIONS REGARDING MOBILE FOOD TRUCKS; AND BY
REPEALING IN ITS ENTIRETY APPENDIX A, SECTION 10D-2300, OF
THE COMPREHENSIVE ZONING CODE OF THE CITY OF THE
COLONY, TEXAS, ENTITLED "MOBILE FOOD TRUCK," PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council has discussed and considered such revisions and has
determined that it is in the best interest of the City to repeal the current Chapter 6, Article VI,
Section 6-168 entitled "Mobile food trucks," and replace it with a new Chapter 6, Article VI,
Section 6-168 entitled "Mobile food trucks," to regulate mobile food trucks within the City of
The Colony, Texas.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. That the Code of Ordinances of the City of The Colony, Texas be, and the
same is, hereby amended by repealing in its entirety Chapter 6, Article VI, Section 6-168,
entitled "Mobile Food Truck," and replacing it with a new Chapter 6, Article VI, Section 6-168,
entitled "Mobile Food Truck," which shall read as follows:
"Sec. 6-168.—Mobile Food Truck
(a) Generally. Mobile trucks to include (hot/cold), mobile lunch trucks, and ice cream
trucks.
(b) Permit required. It shall be unlawful for any mobile food truck to operate without a valid
health permit issued by the city.
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(c) All trucks must operate from a base of operation such as a commissary or other fixed
food establishment. All foods must be from an approved source. No home prepared
foods will be allowed.
(d) Submittal of notarized approval from the property owner.
(e) Any additional requirements located in the Comprehensive Zoning Code of the Code of
Ordinances See, Section 10-100, Schedule of Uses, Section 10-300.
Mobile... truck
(a) Location
City wide.
(b) Duration
Shall not remain in any given location for more than three (3) hours, unless
part of a special event, allowed by planned development (PD), or specific use
permit (SUP).
(c) Approval
Administrative approval, through the mobile food truck permit process (site
plan required). Review required by the health department for a health permit.
(d) Health
Required. Refer to the currently adopted Code of Ordinances for health
Department
department requirements and applicable building codes.
Requirements
(e) Sanitary
Required. The vendor must secure permission from the host property to allow
Facilities
vendor access to a commercially plumbed public restroom on site or provide
an approved portable sanitary facility. Adequate trash receptacles must also
be provided.
(fl Permit
Health Permit Required
(g) Fee
Yes, as listed in the adopted City Master Fee Schedule.
SECTION 3. That Appendix A, Section IOD -2300 of the Comprehensive Zoning
Ordinance of the City of The Colony, Texas, entitled "Mobile food truck" is hereby repealed in its
entirety.
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions
of this Ordinance; and the City Council hereby declares it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
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SECTION 5. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and
all other provisions of the Ordinances of the City not in conflict with the provisions of this
Ordinance shall remain in full force and effect.
SECTION 6. Any person, firm, or corporation violating any of the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court
of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a
separate offense.
SECTION 7. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY,TEXAS,THIS /4 day of f]1,t _ ,2015.
� G
J McCourry, Mayor
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istie Wilson, City Secretary
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APPROVED AS TO FORM: AL _
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-ff Mo.re City AttorneyrEX AS
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