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HomeMy WebLinkAboutOrdinance 2958ORDINANCE NO. 2958 AN ORDINANCE AMENDING SECTIONS 18-191 AND 18-277 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY CHANGING THE DEFINITION OF WEEKEND FOOD VENDORS AND INCREASING THE MINIMUM SIZE OF BUILDINGS ON SITES WHERE WEEKEND FOOD VENDORS ARE ALLOWED TO BE LOCATED RESTRICTING THE TIMES AND LOCATIONS FOR WEEKEND FOOD VENDORS; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, in order to further the health and safety of its residents and others within its confines, finds it necessary to restrict the locations and times for the operation of establishments known as weekend food vendors; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: Section 18-191 of the North Richland Hills Code of Ordinances is hereby amended by amending the definition of the term "Weekend food vendor" to read as follows: "Weekend food vendor means a food establishment which operates for no more than three (3) consecutive days over a weekend at a single business with a minimum of 100,000 square feet of building space and ten feet of space in front of such business for such vendor." Section 2: Section 18-277 of the North Richland Hills Code of ordinances is hereby amended to read as follows: "Sec. 18-277. Weekend food vendors. Weekend food vendors must have a separate license for each location they serve and must provide, in writing, a statement of the location of the commissary that is used by the vendor to store food and equipment associated with the food, which must be inspected by the state department of health, or a Texas city or county health department. All food and equipment must be removed from the site where the food is sold to the public by 10:00 p.m. each night. No operations shall be permitted in any fire lane and at least four feet of walkway into the building must remain open and unobstructed. No weekend food vendor shall operate in any zoning district other than retail or commercial. All zoning and fire regulations must be complied with. Weekend food vendors shall not be allowed to operate except within the ten feet closest to the front of the business building and shall not be allowed to operate unless the primary business building is open to the public." Ordinance No. 2958 Page 1 of 2 Section 3: Any person violating any provision of Article IV of Chapter 18 of the North Richland Hills Code of Ordinances as herein amended shall be deemed guilty of a misdemeanor and fined in an amount not to exceed Two Thousand Dollars ($2,000). Each day any such violation shall exist shall constitute a separate offense punishable hereunder. Section 4: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of 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 any such invalid phrase, clause, sentence, paragraph or section. Section 5: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 6: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED this 12th day of November, 2007. a ~~~ ~ AT~~ST: ~~~` ~>~~. ~~~~~~~?'lL Patricia Hutson, City Secretary CITY N RTH R H AND HILLS By: Oscar Trevino, Mayor AP R O M AND LEGALITY: George . Staple , City ttorney APQROVED AS TO CONTENT: n Stout, Director of Neighborhood Services Ordinance No. 2958 Page 2 of 2