HomeMy WebLinkAboutOrdinance 3815 ORDINANCE NO. 3815
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING AND RESTATING CHAPTER 18, ARTICLE IV, DIVISION 6,
OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES, FOOD AND
FOOD ESTABLISHMENTS, MOBILE FOOD UNITS; PROVIDING A
PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES AND REPEAL OF CONFLICTING
PROVISIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of North Richland Hills ("City") 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 Texas Local Government Code;
and
WHEREAS, On April 26, 2021 , the City Council enacted a temporary ordinance to
address changes affecting the mobile food vendor industry due to partial
closures and/or limited capacity for occupancy caused by the COVID-19
Pandemic; and
WHEREAS, On May 17, 2023, to assist local businesses and to ensure compliance with
the rules and regulations of the Texas Department of State Health Services,
the City Council enacted Ordinance No. 3792 amending and restating
Division 6 of Chapter 18, Article IV, of the North Richland Hills, Texas Code
of Ordinances, to include permanent administrative and enforcement
requirements for mobile food unit operations; and
WHEREAS, On June 13, 2023, the Governor of the State of Texas signed House Bill
2878, creating chapter 437A of the Texas Health and Safety Code which
requires mobile food service establishments in a county with a population
of more than 2.1 million in which is located partially or wholly: an airport
operating under Subchapter D, Chapter 22, Transportation Code, and an
airport owned by the principal municipality in the county that does not offer
commercial air service to obtain a permit from the county; and
WHEREAS, House Bill 2878 states that such permit issued by a county must authorize
a mobile food service establishment to operate in any municipality located
in the county; and
WHEREAS, Tarrant County is a county with a population of more than 2.1 million in
which is located partially or wholly: an airport operating under Subchapter
D, Chapter 22, Transportation Code, and an airport owned by the principal
municipality in the county that does not offer commercial air service; and
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WHEREAS, To remove any conflict between state law and North Richland Hills, Texas
Code of Ordinances, the City Council wishes to amend and Division 6 of
Chapter 18, Article IV to remove those provisions which are in conflict with
state law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That Chapter 18, Article IV, Division 6, Mobile Food Units, of the North
Richland Hills Code of Ordinances, shall be amended and restated in its
entirety to read as follows:
DIVISION 6. - MOBILE FOOD UNITS.
Sec. 18-279. Definitions.
When specifically used in this article, the following words and terms, unless the
context indicates a different meaning, shall have the meaning assigned to them below. If
there is any conflict between Divisions 1- 5, and this Division 6, the definition specifically
set forth in this Division 6 shall control during the time this ordinance is in effect.
Mobile food unit (MFU) means a vehicle-mounted food service establishment or a
food service establishment pulled behind a vehicle to be readily moveable.
Person means an operator or registered owner of a vehicle that qualifies as a mobile
food unit, whether permitted or unpermitted.
Property Owner means the owner or tenant of the property where the mobile food
unit, whether permitted or unpermitted, is operating.
Sec. 18-280. - Permit required.
No person, company, or corporation shall operate, maintain, or park a Mobile Food Unit
(MFU) within the City of North Richland Hills without a permit issued by Tarrant County in
compliance with chapter 437A of the Texas Health and Safety Code.
Section 18-281. Approved Locations; Operations.
(a) Public or private property. Mobile Food Units may operate upon properties with
the permission of the Property Owner or an authorized agent for the Property
Owner. It shall be unlawful for a mobile food unit to vend:
(1) From a vacant property, stand or other temporary structure;
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(2) Upon an area not paved by an asphalt or concrete surface;
(3) Within a visibility triangle as defined by Section 118-714, and illustrated
in Article IX, Illustration Figure 1.9, of the North Richland Hills Code of
Ordinances;
(4) Within fifty (50) feet of an intersection;
(5) Within an area within which the standing or parking of vehicles is
prohibited;
(6) From a public street, right-of-way, sidewalk or other adjacent public or
private property, unless such street, right-of-way, sidewalk or other
property is designated by the City of North Richland Hills as an approved
MFU location and for the timeframes specified by the city for such
location;
(7) From an area other than the side of the MFU;
(8) Upon a premise holding a Texas Alcohol and Beverage Commission
license in which alcoholic beverage consumption is prohibited.
(b) Special event permit. Mobile food units that have obtained the permit required
by section 18-280 of this code may operate in conjunction with a Special Event
Permit as issued by Neighborhood Services Department of the City of North
Richland Hills.
(1) Commercial or industrial property. Mobile food units may operate on
private commercial or industrial property, properly zoned and with the
written notarized permission of the Property Owner and/or landlord if the
mobile food unit has access to approved flush type toilet facilities,
connected to an approved type sewage system on the private commercial
or industrial property and within one hundred and fifty feet from the MFU.
Mobile food units must be parked on a paved surface and are not allowed
to discharge wastewater or grey water on site.
(2) Residential property. Mobile food units may operate on residential private
property up to two times per year with written notarized permission from
the Property Owner and with a Special Event Permit, if required by the
City of North Richland Hills. They must be parked on a paved surface and
are not allowed to discharge wastewater or grey water on site.
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(c) All mobile food units shall comply with this Code as well as with state and federal
law; Nothing in this article shall exempt a food vendor from zoning ordinances.
Section 18-282. Hours of operation.
The hours of operation of any mobile food unit are subject to the following restrictions,
which such restrictions are in addition to all other restrictions included in the permitting
process:
(a) A mobile food unit may operate in a residential zoned area from 7:00 a.m. Central
Standard Time (CST) until 9:00 p.m. CST.
(1) MFU may only operate at the location following the issuance of the MFU
permit by the regulatory authority and with written permission of the Property
Owner or authorized agent of the property.
(2) MFU must adhere to the noise level restrictions described in the City of
North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific
Nuisances.
(3) The MFU must leave the location at the end of the service and may not
remain parked or stored at the location overnight even with the permission
of the Property Owner.
(b) A mobile food unit may operate in a commercially zoned area during the normal
hours of operation for the business location on which it is permitted to be parked
however, under no circumstances can the MFU operate earlier than 7:00 AM CST
nor later than 11:00 PM CST.
(1) MFU may only operate at the location following the issuance of the MFU
permit by the regulatory authority and with written permission of the Property
Owner or landlord of the property.
(2) MFU may only operate in the area of the property designated in the
application submitted by the Property Owner or landlord of the property.
(3) The MFU must leave the location each day and may not remain parked or
stored at the location overnight even with the permission of the Property
Owner.
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(4) MFU must adhere to the noise level restrictions described in the City of
North Richland Hills Code of Ordinances Chapter 34-33 (23) — Specific
Nuisances.
(c) A mobile food unit may operate in a Mixed Use/Transit Oriented Zoned District
during the normal hours of operation for the business location on which it is
permitted to be parked however, under no circumstances can the MFU operate
earlier than 6:00 a.m. CST or after 11:00 p.m. CST.
(1) If parked on commercial property within the district it may only operate
during the hours of operation for the business.
(2) If parked in a street parking spot approved for an MFU within the district it
may operate for no more than three (3) consecutive hours.
(3) The MFU must leave the location at the end of the three (3) hour timeframe
for operation and may not remain in the parking spot overnight.
(4) The total noise level of any mobile food unit shall comply with NRH Code of
Ordinances Section 34-33 (23), Specific nuisances. The mobile food unit
shall turn off all music and recorded messages while stationary, except
when stopped at a controlled intersection.
Sec. 18-283. - Restricted operations.
(a) Mobile food units shall not utilize any required business parking spaces or park in a
designated or marked fire lane.
(b) Mobile food units shall not park, stop or stand in areas designated or marked as "no
parking areas" or park in violation of North Richland Hills Code of Ordinances, Ch.
54.
(c) Mobile food units must comply with North Richland Hills Code of Ordinances, Ch.
34, as it relates to public nuisances.
(d) Mobile food units may operate at locations where on premise alcohol consumption
is allowed as permitted by Texas Alcohol Beverage Code.
(e) Mobile food units may not erect a tent or supply tables or chairs to be used outside
the vehicle or trailer.
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(f) At no time shall there be more than one mobile food unit per location or within 300
feet of another mobile food unit unless operating pursuant to a North Richland Hills
Special Event permit, or as otherwise permitted by City ordinance.
SECTION 2: Any Person, firm, corporation, or Property Owner 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 Five
Hundred Dollars ($500.00) for each offense. provided, however, that a
penalty for the violation of a rule, ordinance or police regulation that governs
fire safety, zoning, or public health and sanitation, including dumping of
refuse, shall be a fine not exceeding $2,000.00. Each day that a violation is
permitted to exist shall constitute a separate offense.
SECTION 3: This Ordinance shall be cumulative of all provisions of the Code of
Ordinances of the City of North Richland Hills, except where the provisions
of this Ordinance are in direct conflict with the provisions of such ordinances
and such Code, the provisions in this Ordinance shall control.
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 any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality 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 unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 4: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances in the
Code of Ordinances of the City of North Richland Hills 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 6: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty of this ordinance one time
in the official City newspaper.
SECTION 7: This ordinance shall become effective from and after its passage and
publication as required by Section 6 herein.
Ordinance No. 3815
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AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 11th day of September, 2023.
CITY NORT CHLAND HILLS
By: `
�,r;,n,l : /,,,,,,,��>> Osba evi , Mayor
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ATTEST: ` 'E • ?.,1
lak L-4-6...). AD-L-A1- &''.4*°? dAeAk-)'e'-::-
Alicia Richardson y�`•., h .'y
CitySecretary/ Chief Gover an`c Of;F
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APPROVED AS TO FORM AND LEGALITY:
J
Maleshia B. McGinnis, City Attorney
APPROVAL RECOMMENDED:
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Stef e Martinez 3
Dire or of Neighborhood Services
Ordinance No.3815
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