Ord 084-83 7/5/1983 • r
ORDINANCE NO. 84-83
ORDINANCE AMENDING SECTION 8-15 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS,
TO ALLOW FOOD VENDING WITHIN A CERTAIN DESIGNATED
AREA IN THE DEPOT SQUARE HISTORICAL DISTRICT, AND
ADDING ARTICLE VIII, VENDING -- DEPOT SQUARE
HISTORICAL DISTRICT, TO CHAPTER 8 .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1 . Section 8-15 of the Code of Ordinances shall be
amended by adding the following:
" (c) Nothing in this section or Sections 8-2 , 8-16 or 27-5
shall prohibit food vendors from carrying on their business in the
certain designated area of the Depot Square Historical District,
provided all regulations set forth in Chapter 8 , Article VIII ,
Section 8-171, et seq. of the Code of Ordinances, have been complied
with. "
SECTION 2 . Article VIII is hereby added to Chapter 8 of the
Code of Ordinances and shall read as follows:
"ARTICLE VIII . FOOD VENDORS -- DEPOT SQUARE HISTORICAL DISTRICT.
Sec . 8-171 -- Compliance with Article .
It shall be unlawful for an individual to operate a mobile
food vending unit or vend food items afoot in the designated area
in the Depot Square Historical District without complying with
the provisions of this article .
Sec . 8-172 -- Definitions.
For purposes of this ordinance, the following definitions
shall apply:
(a) Designated area means the public sidewalk of the 700 and 800
blocks of Ohio Avenue and the 500 block of Eighth Street within the
Depot Square Historical District .
(b) Depot Square Historical District means that area defined
in Chapter 2 , Division 5, Section 2-160 .7 (2) (b) , Code of Ordinances .
(c) Food means all matters, including beverages, intended for
human consumption, whether simple, a mixture or compound.
Sec . 8-173 -- Permits .
No person shall vend food items from a mobile vending unit or
vend food items from afoot in the designated area who does not
possess a peddler ' s license required by Sec . 8-14 of the Code of
Ordinances and all applicable health permits which may be required
under the ordinances of the City of Wichita Falls . No permit will
be issued which would allow the sale of fruits or vegetables in
the designated area.
Sec . 8-174 -- Prohibited Conduct.
No vendor shall:
(a) Park a mobile vending unit in any area other than that area
bounded by the street curb (or edge of the pavement if no curb is in
existence) and the property line abutting the street right-of-way
line, notwithstanding the provisions of Section 29-114 of the
Code of Ordinances .
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(b) Park a mobile food vending unit or sell any items within
25 feet of the street corner of an intersection.
(c) Park a mobile food vending unit within 10 feet of a driveway
or alley and its approach.
(d) Operate a mobile food vending unit in such a manner as to
obstruct or hinder the movement of pedestrian traffic. A food vendor
shall maintain a clear path with a minimum width of four feet at all
times .
(e) Leave any mobile food vending unit unattended.
(f) Store, park or leave any mobile food vending unit overnight
on any street or sidewalk, or park any mobile food vending unit in any
location other than in a lawful parking place in conformance with
City and State parking regulations .
(g) Sell food for immediate consumption unless he has available
for public use his own trash receptacle which is available for his
patrons ' use.
(h) Leave any location without first picking up, removing,
and disposing of all trash or refuse remaining from sales made by him.
(i) Set up, maintain or permit the use of any table, carton,
rack, or any other device or item to increase the selling or display
capacity of his mobile food vending unit.
(j ) Solicit or conduct business with persons in motor vehicles,
other than motor vehicles which are legally parked.
(k) Sell anything other than that which he is licensed to vend.
(1) Employ or permit the use of artificial lighting devices
on mobile food vending unit, which would create a hazard to motorists .
Sec . 8-175 -- Limitation on Mobile Food Vending Units .
(a) A mobile food vending unit shall be no larger than four feet
wide, five feet long, and four feet tall, excluding a shade umbrella,
if any.
(b) All equipment installed or stored in any part of the mobile
food vending unit shall be secured in order to prevent movement during
transit and to prevent detachment in the event of an overturn or
collision.
Sec . 8-176 -- Health and Sanitation Requirements for Food Vendors .
All food vendors shall comply with all applicable federal and
state statutes and regulations, and with all applicable city health
ordinances .
Sec. 8-177 -- No Vested Right to Location.
A food vendor shall have no vested right to any location in the
designated area.
Sec . 8-178 -- Advertising.
No advertising shall be permitted on any mobile food vending
unit, except for the posting of prices, the identification of the
name of the product and the name of the vendor.
Sec . 8-179 -- Suspension and Revocation of Permits .
(a) Causes .
Any permit may be suspended or revoked for any of the following
causes:
(1) Fraud or misrepresentation contained in the application
for license.
(2) Fraud or misrepresentation made in the course of carrying
on the business of vending .
(3) Conduct of the licensed business in such a manner as to
create a public nuisance or constitute a danger to the public health,
safety, welfare or morals .
(4) Conduct which is contrary to the provisions of this
ordinance.
(b) Procedure.
Any permit held by a food vendor shall be subject to suspension
or revocation by the Assistant City Manager for any of the above
causes . If the Assistant City Manager discovers any of such causes,
he will notify the food vendor in writing of the violation and in the
written notice shall:
(1) Describe each cause .
(2) Describe what remedial action must be taken and establish
a specific reasonable period of time allowed for correction of each
cuase, not to exceed twenty-four (24) hours .
(3) State that the permit is subject to suspension or
revocation, and that the permit will be suspended or revoked if the
notice is not complied with.
(c) Appeal of Suspension or Revocation.
Any food vendor shall have the right to appeal a suspended or
revoked permit. The appeal shall be made in writing to the City
Manager within ten (10) days of the suspension or revocation.
Notification to the food vendor shall be in writing and may be served
by hand delivery or by sending the notice by certified mail, return
receipt requested, addressed to the owner in whose name the permit
is granted. Said notice shall state that the person receiving the
notice may appeal the suspension or revocation to the City Manager
within ten (10) days and not thereafter.
(d) Procedure for Suspension and Revocation Cumulative .
The procedure for suspension and revocation set out in this
section is cumulative of all other such remedies contained in other
city ordinances . "
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SECTION 3 . Separability .
If any section , subsection, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions .
SECTION 4 . Penalty .
Any person who shall knowingly violate any of the provisions
of this ordinance shall be deemed to be guilty of a misdemeanor,
and shall, upon conviction, be punished by a fine not exceeding
Two Hundred Dollars ($200 .00) . Any person shall be deemed guilty
of a separate offense for each day or portion thereof during which
any violation of any of the provisions of this ordinance is committed,
continued or permitted.
SECTION 5 . Emergency .
This ordinance is declared to be an emergency measure on the
ground of urgent public need for the preservation of the peace,
health and safety of property of the City, and it shall become
effective on its passage .
PASSED AND APPROVED this the 5th day of July, 1983 .
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Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
ORDINANCE NO. 82-83 {{`` July
ORDINANCE WAIVING On this 20 day of
SECTION 22-1, SEBSECTION
(a) (9) OF THE CODE OF
TO ALLOW 1983
ADVERTISING SIGNS AT A.D personally appeared before me,the undersigned authority
HAMILTON PARK TENNIS
CENTER DURING THE Toni Belvedere
W I C H I T A FALLS bookkeeper
COLLEGIATE CLASSIC
TENNIS TOURNAMENT.
ORDINANCE NO. 83-83
AN ORDINANCE MAKING for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
AN APPROPRIATION FROM
THE CIVIC/COMMUNITY Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and
PROMOTION FUND TO
ACCOUNT NUMBER LISTED
BELOW, AND DECLARING upon being duly sworn by me,on oath states that the attached,advertisement is a true
AN EMERGENCY.
ORDINANCE NO. 84-83 ONE(1)
ORDINANCE AMENDING and correct copy of advertising published issues
SECTION 8-15 OF THE CODE
OF ORDINANCES OF THE thereof on the following dates:
CITY OF WICHITA FALLS,
TEXAS, TO ALLOW FOOD
VENDING WITHIN A 1983
CERTAIN DESIGNATED July 20,
AREA I N THE DEPOT
SQUARE HISTORICAL
DISTRICT, AND ADDING
ARTICLE V I I I VENDING �2- : (D E P O T O T S Q U A R E`
HISTORICAL DISRICT, TO Bookkeeper for Times Publishing Company
CHAPTER 8.
ORDINANCE NO. 85-83 of Wichita Falls
AN ORDINANCE MAKING
AN APPROPRIATION FROM
T L E G E N E R A L
OBLIGATION BOND FUND Subscribed and sworn to before me this the day and year first above written.
TO ACCOUNT NUMBER
LISTED BELOW, AND
D E C L A R I N G A N
EMERGENCY. `�` /31 \
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