O627ORDINANCE NO. 627
AN ORDINANCE AMENDING CHAPTER 10 "HEALTH AND HUMAN
SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF
KENNEDALE, TEXAS BY ADDING A NEW DIVISION 4 "MOBILE FOOD
ESTABLISHMENTS" TO ARTICLE II "FOOD "' TO ESTABLISH
REGULATIONS FOR MOBILE FOOD ESTABLISHMENTS; AMENDING
ARTICLE III "HEALTH NUISANCES" TO RENUMBER EXISTING
SECTIONS 10 -71 AND 10 -72; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS
HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution
and Chapter 9 of the Local Government Code; and
WHEREAS, in order to protect the health, safety and welfare of its citizens, the
City Council deems it appropriate to provide for regulation of mobile food
establishments to be located in the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE, TEXAS THAT:
SECTION 1.
Chapter 10 "Health and Human Services" of the Kennedale City Code is
amended by adding a new Division 4 "Mobile Food Establishments" to Article II "Food"
to read as follows:
DIVISION 4— MOBILE FOOD ESTABLISHMENTS
Sec. 10 -71. – Definitions.
Mobile food establishment. A vehicle- mounted food establishment that is
designed to be readily moveable at all times and from which food is distributed,
sold, or served to an ultimate consumer. The term does not include pushcarts,
booths, or stands. Categories of mobile food establishments are catering truck,
ice cream truck, lunch truck, mobile food preparation vehicle, and produce truck.
Catering truck. A mobile food establishment used to deliver food prepared offsite
(not in the vehicle) to a catered operation.
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Ice cream truck. A mobile food establishment that sells some or all of the
following: pre- wrapped and sealed ice cream, frozen dairy products, ice
confection products, canned soft drinks, packaged candy, chips, and pickles.
Lunch truck. A lunch truck is a mobile food establishment which serves a
construction work -site and from which only the following foods and beverages
are served, sold, or distributed, in such a manner that the vendor does not have
direct contact with the food or beverages being sold:
1. Food that is prewrapped, bottled, or otherwise packaged in
individual servings and typically intended for immediate consumption.
2. Beverages that are not time /temperature controlled for safety and
are dispensed from covered urns or other protected equipment or are sold
in bottles or cans.
Mobile food preparation vehicle. A mobile food establishment in which ready -to-
eat food is cooked, wrapped, packaged, processed, or portioned for service,
sale, or distribution.
Produce truck. A mobile food establishment from which only raw vegetables and
fruits are served, sold, or distributed. The produce sold is in its original form and
has not been altered or cooked in any other way inconsistent with it coming fresh
from the fields and /or gardens in which it was grown. Slicing, dicing, and
chopping of vegetables, fruits, or other food items for sale is prohibited.
Sec. 10 -72. - General requirements for all mobile food establishments.
(a) Permit required. Any person desiring to operate as a mobile food establishment
within the city must receive a permit to do so after submitting a written application
on forms provided by the city, except that ice cream trucks, catering trucks, and
mobile food preparation vehicles serving residential districts do not require a
permit. Failure to provide all required information or falsifying information
required may result in denial or revocation of the permit. Renewals of permits are
required on an annual basis. A mobile food establishment permit shall expire on
December 31 on the calendar year it was issued.
(b) Food establishment rules. Every mobile food establishment is required to be in
compliance with all applicable local and state laws and regulations, including, but
not limited to, Chapter 10, Article Il, Division 3 "Food Establishment Rules" of the
Kennedale City Code, as amended, and 25 Texas Administrative Code, Chapter
228, as amended.
(c) Valid driver's license required. A mobile food establishment is required to have
onsite, at all time, at least one employee or representative who has a valid
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driver's license to operate the vehicle and who is authorized to move the vehicle
if required.
(d) Vehicle requirements. All mobile food establishments shall have a valid vehicle
registration, motor vehicle operator's license, proof of vehicle liability insurance,
and a Texas Sales Tax Permit.
(e) Drive - through service. Drive - through service is prohibited for mobile food
establishments.
(f) Hours of operation. If permitted to operate from a fixed location by this code, no
mobile food establishment shall operate from the same location for longer than
eight (8) consecutive hours. No mobile food establishment may remain on a
particular site after the end of the establishment's business day or after eight (8)
consecutive hours. No mobile food establishment may operate between 1 AM
and 7 AM. In addition, no mobile food establishment operating within 300 feet of
a residential use may operate between the hours of 10 PM and 7 AM.
(g) Lighting. Exterior lighting on a mobile food establishment must be hooded or
shielded so that the light source is not directly visible to a residential use.
(h) Location.
(1) Mobile food establishments are not permitted to park in or operate in a
public right -of -way or street, except that ice cream trucks are permitted to
stop and serve customers from the right -of -way or public street when the
customer has signaled for the ice cream truck to stop for a sale. This
provision does not prohibit mobile food establishments from operating in a
public- right -of -way or on public property during a special event sponsored
by the city, if permission has been obtained in writing from the city.
(2) No mobile food establishment shall be permitted to operate on any
property unless permission, in writing and on a form supplied by the city,
has been granted by the property owner.
(3) Mobile food establishments are not permitted to operate:
a. within five (5) feet of any drive way or sidewalk;
b. within 300 feet of a school during school hours;
C. within any area, or in any manner, that impedes, endangers, or
interferes with pedestrian or vehicular traffic.
(i) Mobility required. Mobile food establishments must be mobile and able to be
moved within one (1) hour of close of business or upon request by the city.
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Q) Obstructing fire lanes or hydrants prohibited. Mobile food establishments must
not block or obstruct any fire lane or be located within fifteen (15) feet of a fire
hydrant.
(k) Parking on improved surface required. Mobile food establishments are only
permitted to locate on and operate from an asphalt or concrete surface.
(I) Removal of trash and debris. The area around the mobile food establishment
must be clear of litter, trash, and debris at all times
(m) Signs Mobile food establishments may use sandwich board signs in accordance
with the requirements of Article 14 of the Unified Development Code.
(n) Sound. No mobile food establishment may emit music or other sounds in
violation of the city's nuisance regulations.
Sec. 10 -73. — Produce trucks.
Produce can only be displayed on the body of the vehicle and on a
maximum of one (1) table, which must be removed at the close of the business
day. Placing produce on the ground is prohibited.
Sec. 10 -74. — Lunch trucks.
Lunch trucks are not permitted to serve the general public and must serve only
those employees working at the site visited by the lunch truck unless the lunch truck
operator satisfies all of the requirements of mobile food preparation vehicles in section
10 -75.
Sec. 10 -75. — Mobile food preparation vehicles.
(a) Site plan required. A site plan must be submitted with the mobile food
establishment permit application. A site plan and location permit shall be valid for
one year from the date of issuance, provided no changes are made to the site
plan and all property owner permissions and required licensing remain in effect.
The site plan must show the proposed location, the number and location of
customer parking spaces for the mobile food establishment, the number and
location of parking spaces reserved for the primary use onsite, the location of all
drive ways, drive approaches, sidewalks, fire lanes, and fire hydrants. In addition,
if residential uses are located within 300 feet of the proposed mobile food
establishment location, then these uses must also be shown on the site plan. City
permit staff may request additional information to be shown on the site plan if
needed to determine compliance with city regulations.
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(b) Operational requirements.
(1) Outdoor seating. Outdoor seating may be provided with the following
restrictions:
a. Outdoor seating must be totally removed from the site by the
mobile food establishment at the close of business each day.
b. Outdoor seating shall not block any driveways, fire lanes, fire
hydrants, dumpsters, or parking required for the main use of the
property.
C. Outdoor seating shall not obstruct visibility of intersections or
roadways.
(2) Permission to use restrooms required. For any property on which the
mobile food preparation vehicle is to be parked for the purposes of
preparing or serving food, the mobile food establishment is required to
have permission in writing from the owner of the primary business on site
allowing the food establishment's employees and customers to use the
restroom facilities of the primary business. The mobile food establishment
shall be open only during hours the primary business is also open, except
the establishment may remain open one (1) hour after the primary
business has closed for the day.
(3) Operation restricted in single family and duplex residential districts. Mobile
food preparation vehicles are permitted in single family and duplex
residential districts to provide food for residents or guests attending a
catered event at a property within that district. Food shall not be sold to
the general public. Only one mobile food preparation vehicle is permitted
at a particular location for a catered event.
Secs. 10- 76- 10 -80. - Reserved.
SECTION 2.
Chapter 10 "Health and Human Services" of the Kennedale City Code is
amended by amending the section numbers of Article III "Health Nuisances" to read as
follows:
Sec. 10 -81. - Enumeration.
Any and all of the following conditions are hereby specifically declared to be nuisances
dangerous to the public health:
(1) Any condition or place allowed to exist in populous areas which
constitutes a breeding place for flies;
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(2) Any spoiled or diseased meats intended for human consumption;
(3) Any restaurant, food market, bakery or other place of business or any
vehicle where food is prepared, packed, stored, transported, sold or
served to the public which is not constantly maintained in a sanitary
condition;
(4) Any place, condition or building controlled or operated by any
governmental agency, state or local, which is not maintained in a sanitary
condition;
(5) All sewage, human excreta, wastewater, garbage or other organic wastes
deposited, stored, discharged or exposed in such a way as to be a
potential instrument or medium in the transmission of diseases to or
between any person or persons;
(6) Any vehicle or container used in the transportation of garbage, human
excreta or organic material which is defective and allows leakage or
spilling of contents;
(7) Any collection of water in which mosquitoes are breeding within the limits
of the city;
(8) Any condition which may be proved to injuriously affect the public health
and which may directly or indirectly result from the operations of any bone
boiling, fat rendering, tallow or soap works or other similar establishments;
(9) Any place or condition harboring rats;
(10) The presence of ectoparasites (bedbugs, lice, mites, etc.) suspected to be
carriers of disease in any place where sleeping accommodations are
offered to the public; and
(11) The maintenance of any open surface or pit privy, cesspool or of any
overflowing septic tank, the contents of either of which may be accessible
to flies.
Sec. 10 -82. - Abatement.
(a) Every person possessing any place in or on which there is a health nuisance
shall, as soon as its presence comes to his knowledge, proceed at once and
continue to abate the nuisance.
(b) The city health officer, when information and proof of the existence of a nuisance
within the city is received, shall issue a written notice to any person responsible
for the nuisance and order the abatement of same. He shall at the time send a
copy of the notice to the city attorney. Such notice shall specify the nature of the
nuisance and shall designate a reasonable time within which such abatement
shall be accomplished. If the notice is not complied with within the specified time,
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the city attorney shall be so advised by the health officer and he shall
immediately institute proceedings for the abatement thereof.
SECTION 3.
This ordinance shall be cumulative of all provisions of the City of Kennedale,
Texas, except where the provisions of this ordinance are in direct conflict with the
provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if a
phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of a court of competent jurisdiction,
such unconstitutionality shall not affect the remaining phrases, clauses, sentences,
paragraphs, and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of the unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists the enforcement of any of the provisions of this ordinance
shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Kennedale are expressly saved as to any
and all violations of the provisions of Chapter 10 of the Code of Ordinances of the City
of Kennedale, as amended, or any other ordinance regarding the regulation of food
establishments that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
The City Secretary of the City of Kennedale is hereby directed to publish in the
official newspaper of the City of Kennedale the caption, the penalty clause, the
publication clause, and the effective date clause of this ordinance as provided by
Section 3.10 of the Charter of the City of Kennedale.
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SECTION 8.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 15th DAY OF MAY, 2017.
/
MAYOR,
ATTEST:
A YSACNETART, LESLIE GALLOWAY
EFFECTIVE: 5 K n . ° .........• < G '
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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