HomeMy WebLinkAboutOrdinance No. 2025-2628CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2025- 2102$
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING APPENDIX A, SECTION 10 OF THE
CODE OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
AMENDING APPENDIX A, SECTION 10 OF THE CODE OF
ORDINANCES OF THE CITY OF THE COLONY, TEXAS, AMENDING
SECTION 10-200, ENTITLED "SCHEDULE OF USES BY DISTRICT," BY
REMOVING "MOBILE FOOD VENDOR" AND REPLACING IT WITH A
NEW LAND USE ENTITLED "MOBILE FOOD UNITS" AMENDING
APPENDIX A, SECTION 10-300, ENTITLED "DEFINITIONS AND
EXPLANATIONS APPLICABLE TO USE SCHEDULE" BY REMOVING
SUBSECTION (205), DEFINITION FOR "MOBILE FOOD VENDOR" AND
ADDING A NEW DEFINITION ENTITLED "MOBILE FOOD UNITS";
AND AMENDING APPENDIX A, SECTION IOD -700 ENTITLED
"TEMPORARY USE DEFINITIONS," BY REMOVING THE DEFINITION
FOR "MOBILE FOOD TRUCK" AND ADDING A NEW DEFINITION FOR
"MOBILE FOOD UNITS." PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, HB 2844 (2025) added Chapter 437B of the Texas Health and Safety Code
and pre-empts certain municipal regulations and creates a state regulatory scheme for mobile
food vendors; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section 10-200, entitled "Schedule of
Uses by District" by removing "mobile food vendor" from the schedule of uses and replacing it
with a new land use entitled "mobile food unit"; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section 10-300, entitled "Definitions
and explanations applicable to use schedule" by removing the definition of "(205) mobile food
vendor" and adding a new definition entitled "(205) mobile food unit"; and
WHEREAS, the City Council of the City of The Colony, Texas, is of the opinion that
Appendix A, Section 10 should be amended by amending Section l OD -700 entitled "Temporary
use definitions" by removing the definition of "mobile food truck" and adding a new definition
entitled "mobile food unit."
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 amending Appendix A, Section 10-200 entitled "Schedule of Uses by
District" by amending or adding uses for mobile food unit as attached hereto as Exhibit A, and is
incorporated herein for all purposes, and removing subsection (205) entitled "mobile food unit"
from the Schedule of Uses by District.
SECTION 3. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby amended by amending Appendix A, Section 10-300 entitled "Definitions and
explanations applicable to use schedule," by removing subsection (205) "mobile food vendor";
and adding a new definition to the land use entitled "(205) mobile food unit" which shall read as
follows:
Section 10-200: "Schedule of Uses by District,"
Existing language: "[205] Mobile Food Vendor"
Proposed language "[2051 Mobile Food Units"
Section 10-300: "Definitions And Explanations Applicable To Use Schedule"
Existing language: "(205) Mobile food vendor: An person or persons who operate and
sell food from a motorized or non -motorized unit including a mobile food truck for a period
of fifteen 15 days or greater per ear."
Proposed language: "12051 Mobile Food Units: Has the same meaning as defined in
Section 6-160 of the Code of Ordinances as amended and established by the Texas
Food Establishment Rules TFER as amended"
SECTION 4. That the Code of Ordinances of the City of The Colony, Texas, be, and the
same is, hereby adding Appendix A, Section IOD -700 entitled "Temporary Use Definitions,"
which shall read as follows:
"10D-700 Temporary Use Definitions.
Section IOD -700: "Temaorary Use Definitions,"
Existing language: "Mobile Food Truck. An enclosed commercially manufactured
motorized mobile unit in which ready to eat food is cooked wrapped, packaged, processed
or portioned for service. sale or distribution and designed for the transportation storage
and preparation of foods."
Proposed language: "Mobile Food Units: Has the same meaning as defined in Section
6-160 of the Code of Ordinances, as amended, and established by the Texas Fond
Establishment Rules (TITER), as amended"
SECTION 5. 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.
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 immediately upon its passage and
publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 8th DAY OF OCTOBER 2025.
ATTE
Tina Stewart, TRMC, CMC City Secretary
APPROVED AS TO FORM:
City Attorney
Richard Boyer, Mayor
City of The Colony, Texas
ExhibitA
[Use Chart]
SF D TH M1 M2 I M3 M4 MH PD A P 01 02 NS SC GR LC HC I BP
Mobile
205 Food
Unit