HomeMy WebLinkAboutOrdinance 9880 ~~
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ORDINANCE N0. ~~(J
AN ORDINANCE ESTABLISHING DIVISION 2 OF ARTICLE IV OF
CHAPTER 20 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS
(1986), AS AMENDED, TO PROVIDE FOR THE REGULATION AND
CONTROL OF THE SALE OF CERTAIN FOODS AND FLOWERS FROM
PUSHCARTS WITHIN THE CITY OF FORT WORTH; DEFINING TERMS;
PROVIDING PERMITS; PROVIDING PERMIT FEES; PROVIDING
LOCATIONS FOR VENDING; PROVIDING FOR HOURS OF OPERATION;
PROHIBITING ATTENTION GETTING DEVICES; REQUIRING EMPLOYEES
TO COMPLY WITH THE HEALTH CODE; PROVIDING FOR THE SALE OF
SINGLE SERVICE ARTICLES; SETTING SPECIFICATIONS FOR
PUSHCART DIMENSIONS; REQUIRING THAT PUSHCARTS OPERATE FROM
A COMMISSARY; REQUIRING SERVICING AREAS AND SERVICING
OPERATIONS; PROVIDING FOR WASTE RETENTION AND DISPOSAL;
PROVIDING FOR WATER SYSTEMS ON CERTAIN PUSHCARTS; PROVID-
ING PENALTIES FOR VIOLATION HEREOF PROVIDING FOR APPEALS;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; PROVIDING FOR ENGROSSMENT AND
ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it has become known to the City of Fort Worth that the
public is interested in having available for purchase certain foods
from street vendors; and
WHEREAS, modern technology and equipment can be outfitted to
prevent the onset of spoilage and contamination in food; and
WHEREAS, the City of Fort Worth and its citizens have been
engaged in efforts to revitalize the downtown area and to promote
tourism in Fort Worth; and
WHEREAS, pushcarts would contribute to the economy by promoting
the sale of certain foods and flowers in the downtown and tourist
areas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
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SECTION 1.
The title of Article IV "Itenerant Vendors" of Chapter 20 of
the"Code of the City of Fort Worth (1986), as amended, is hereby
amended to be "Vendors", and that Sections 20-141 through 20-148 are
hereby codified as Division 1, "Itenerant Vendors".
SECTION 2.
That a new Division 2 of said Article be established, which new
Division 2 shall read and be as follows:
DIVISION 2
PUSHCARTS
SEC. 20-161. Definitions.
For the purposes of this Division, the following words and
phrases shall have the meanings respectively assigned to
them by this section unless their use in this text clearly
demonstrates a different meaning.
a) "ABANDONED SLOT" shall mean a slot which has a desig-
nated user who has failed to make use of his slot for
a period of two months without having first informed
the director of environmental health in writing of
the reason for nonuse.
b) "ATTENTION-GETTING DEVICES" shall mean any mechanical
or electronic sound producing device or lighting
device employed to attract patrons to any pushcart.
c) "AVAILABLE SLOT" shall mean one of the permissible
slots available for use.
d) "BEVERAGE" means soft drinks, water, citric acid
beverages, or other acceptable beverages from pres-
surized containers.
e) "CITY MANAGER" shall mean the City Manager for the
City of Fort Worth or his designated representative.
f) "COMMISSARY" shall mean a fixed food service estab-
lishment permitted and regularly inspected by a
regulatory health agency.
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g) "DIRECTOR" shall mean director of the Fort Worth
Public Health Department or his designee.
h) "DOWNTOWN AREA" shall mean the area lying within the
boundaries of the Fort Worth Improvement District
No. 1 which boundaries are delineated as follows:
Jones Street on the East; Lancaster Avenue on the
South; Texas Street, Macon, Fourth Street, .Burnett
Street, Belknap Street and Taylor Street on the West;
the Trinity river and the East 100 and East 200
blocks of Bluff Street on the North.
i) "EMPLOYEE" means any person selling, offering for
sale, vending or serving any edible or potable sub-
stance from a pushcart.
j) "FOOD" shall mean any edible or potable substance
prepared in accordance with the requirements of this
division and the regulatory authority.
k) "NONPOTENTIALLY HAZARDOUS FOOD" shall mean food that
has little or no potential for spoilage or contamina-
tion. The following list is exemplary of such food
and shall not be construed to be exclusive of any
other nonpotentially hazardous food:
popcorn
peanuts
pretzels
1) "PERSON" shall mean any individual, group of
individuals, firm or corporation.
m) "POTENTIALLY HAZARDOUS FOOD" shall mean such food
items which have the potential to spoil or become
contaminated either through preparation or improper
handling and storage. Potentially hazardous foods
shall include the following:
prepackaged sandwiches
hot dogs
tamales
nachos
ice cream
This list is exemplary and shall• not be construed to
be exclusive of any other potentially hazardous food
items.
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n) "PUSHCART" shall mean a nonself propelled vehicle
from which food and beverages or fresh cut flowers
may be sold.
o) "REGULATORY AUTHORITY" means the Department of Public
Health of the City of Fort Worth.
p) "SANITIZER" shall mean any approved chlorine or
ammonia compound or disinfectant used for the steril-
ization of utensils.
q) "SERVICING AREA" shall mean a designated area pro-
vided for the supplying, cleaning or servicing of
pushcarts.
r) "SINGLE SERVICE ARTICLES" shall mean those articles
which may not be reused for the purpose of serving or
eating food or beverages. Examples of single service
articles include paper plates, paper cups, plastic
forks, etc. This list is exemplary and shall not be
construed to be exclusive of any other single service
.articles not mentioned herein.
s) "SLOT" shall mean a designated location for the
placement of a pushcart in a downtown area park and/
or on a sidewalk abutting and immediately adjacent to
such a park.
SEC. 20-162. Requirements.
All pushcarts operating within the corporate city limits
of the City of Fort Worth shall comply with the require-
ments of this ordinance except as otherwise provided in
this Division and in Division 1 of Article IV of
Chapter 16 of the Code of the City of Fort Worth. The
regulatory authority may impose additional requirements to
protect against health hazards related to the pushcart
operation, may prohibit the sale of some or all potenti-
ally hazardous food, and when no health hazard will
result, may waive or modify requirements of this division
relating to physical facilities.
SEC. 20-163. Permits.
a) It shall be unlawful to sell, offer for sale, vend
operate, maintain or serve any item from a pushcart
without a valid permit.
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1) Application for a vending permit shall be made
in written form to the Director.
2) Permits for pushcarts shall only be available
under the terms of this ordinance. The
Encroachment Committee shall have no authority
to grant encroachment permits for pushcarts for
any reason except as prescribed and approved
hereunder by the Director or the City Council.
3) All pushcarts and required attendant facilities
shall be inspected by the regulatory authority
prior to the issuance of a vending permit.
4) In the interest of public health and safety, all
vending permits shall be issued to a specific
location. Vendors shall locate in compliance
with the. noted location so that the regulatory
authority may conduct inspections in compliance
with city ordinances and investigate reports of
unsanitary conditions or food borne illnesses.
5) Acceptance of a vending permit is an express
acknowledgment and consent to the terms and
restrictions set by the regulatory authority.
The use of a permit is a privilege, not a right,
subject to reasonable restrictions as set out
herein or as may be promulgated by the regula-
tort' authority.
6) As an express condition of the acceptance of a
permit hereunder for an available slot in a
downtown area park and/or adjacent sidewalk,
recipient agrees to police for trash and debris,
an area within a twenty-five foot radius (25) of
the pushcart location.
b) Insurance and Indemnification.
1) No permit shall be issued to an applicant ven-
ding in a downtown area park and/or adjacent
sidewalk, or on a residential sidewalk unless
verification of insurance may be confirmed by
the Risk Management Division of the Department
of Personnel. The applicant shall have filed in
the City Secretary' s off ice a certificate show-
ing that the applicant has secured and agrees to
keep in force during the term of the permit a
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policy providing for bodily injury and property
damage insurance in the amounts as follow:
Property Damage, per accident $100,000
Personal injury or death, per person $100,000
Personal injury or death, per accident $300,000
Product liability $300,000
Such insurance policy shall provide that it can-
not be cancelled or amended without at least
thirty (30) days' notice in writing to the
Director of Public Health.
2) As an express condition of the acceptance of
such permit, the permit holder thereby agrees to
indemnify and save harmless the City, its
officers, agents, servants and employees against
any loss or liability or damage, including ex-
penses and costs for bodily or personal injury,
and for property damage sustained by any ,person
as a result of the operation, use or maintenance
of a pushcart, within the City of Fort Worth.
3) As a further condition, permit holder by accep-
tance of the permit expressly agrees to indem-
nify and hold harmless and defend the City, its
officers, agents, servants and employees, from
and against any and all claims or suits for
personal injury, including death, of whatsoever
kind or character, whether real or asserted,
arising out of or in connection with the con-
sumption of food products sold on any public
property herein described.
c) Any pushcart which rests in whole or in part upon any
public sidewalk, public park, public property, pri-
vate property or public or private right-of-way shall
comply with the following standards:
1) no pushcart body shall exceed four (4) feet in
height, three ( 3 ) feet in width or six (6 ) feet
in length;
2) no pushcart shall display advertising or be used
to display information other than a valid per-
mit, list of items served, the prices thereof
and the name of the vendor, all of which must be
contained on the body of the pushcart. Nor shall
any canopy be used to display any kind of ad-
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vertising or writing or artwork or display of
anything other than the canopy in its natural
state.
d) The number of permits available for vending in
downtown area parks and/or adjacent sidewalks shall
be determined by the City Council after receiving the
comments and recommendations of the City Manager, the
Director of Health and the Director of Parks and
Recreation. The site selection process and the
process for reassigning abandoned sites shall also be
subject to the prior approval of the City Council.
SEC. 20-164. Permit Fees.
a) After inspection and approval by the Public Health
Department of each pushcart, each pushcart shall be
assessed a permit fee. Permits shall be valid for one
year from the date of issuance and may be renewed
upon reinspection and payment of the permit fee.
b) Permits shall be issued in accordance with the
application procedures and as follows:
1) Annual permits shall be $150 per pushcart;
except;
2) Any person operating more than one pushcart
shall pay $150 for the first pushcart and $50
for each additional permitted pushcart
SEC. 20-165. Locations.
a) No sale or offering to sell shall be made from any
pushcart of any edible or potable substance on any
property which is used or zoned for residential
purposes, within 500 feet of any public or private
school property; nor on any municipal recreation
facility, except as specifically provided herein.
1) Pushcarts operating from private property not in
the public right-of-way may be located in front
of commercially or industrially zoned property
with the advance approval of the owners or duly
authorized representatives of said property.
Pushcarts shall not, however, be permitted on
private property in the downtown area.
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2) Pushcarts using liquefied petroleum gas shall
not be permitted inside of buildings.
b) It shall be permissable for pushcarts to operate
within the following designated areas:
1) Designated slots in downtown area parks and/or
adjacent sidewalks, with the advance written
approval of the City Council. The City Council
shall receive the comments and recommendations
of the City Manager and Director of Parks and
Recreation before acting upon requests for
pushcart permits in such downtown area
locations.
2) At temporary special events with a special event
permit.
3) Pushcarts may operate from other locations on
properly zoned private property which is not in
the downtown area with the proper permits and
written permission from the owner of the prop-
erty as shown by deed records or tax assessor
records or from a lessee or other party who is
entitled to possession of the property.
c) Slots Non-Transferable.
Use of a designated slot in a downtown area park
and/or adjacent sidewalk is a privilege, not a prop-
erty right. Such a designated slot shall not be
transferable; it shall be available only to the
person designated by permit..
1 ) It shall be unlawful to attempt to sell, lease,
or otherwise transfer the use of such a desig-
nated slot from the original permitee to any
other person natural or unnatural. Such action
shall result in automatic revocation of the
permits of the parties involved and those
parties shall be banned from operating within
the City limits for one year from the date of
revocation. Such revocation shall not preclude
any other legal action.
d) It is expressly understood that from time to time,
the City of Fort Worth through the regulatory autho-
rity, may designate certain dates, times and loca-
tions from which vending shall be restricted due to
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potential conflict with public events, street repair
or some governmental purpose or function and that the
city shall not be liable for any loss of profit or
other loss resultant therefrom.
e) Any pushcart which rests in whole or in part upon any
of the aforementioned permissible locations shall be
situated in accordance with these provisions:
1) No pushcart shall project onto; into, or over
any part of the roadway of any public street.
2) No pushcart shall be located or situated:
a) within three ( 3 ) feet of any marked cross-
walk;
b) within twelve ( 12 ) feet of the curb return
of any unmarked crosswalk;
c) within five (5) feet of any fire hydrant,
fire call box, police call box or other
emergency facility;
d) within five (5) feet of any driveway;
e) within three (3) feet ahead or fifteen (15)
feet to the rear of any sign marking a
designated bus stop;
f) within three (3) feet of the outer end of
any bus stop bench;
g) at any location whereby the clear space for
the passageway of pedestrians is reduced to
less than eight (8) feet;
h) in a manner which restricts sight easements
of vehicular traffic.
i) in a manner which obstructs traffic control
devices or traffic signs.
j) no pushcart shall be permanently affixed to
or upon public property.
SEC. 20-166. Hours of Operation.
a) No sale or offering to sell shall be made from any
pushcart at any time between 9:00 p.m. and 7:00 a.m.
b) During special events, pushcarts with special event
permits may operate during the prescribed hours of
the special event.
SEC. 20-167. Attention-getting devices.
a) No mechanical or electronic sound producing device
shall be employed by a pushcart.
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b) Hawking and solicitation are strictly forbidden.
c) Lights of sufficient illumination for vendors to
operate during night time or darkness shall be per-
missible in addition to safety reflectors and lights
required by traffic ordinances. Lights shall not be
used as attention getting devices.
SEC. 20-168. Employees.
No person shall sell or offer to sell, any edible or
potable substance from a pushcart unless such person be in
compliance with the applicable portions of Sections
16-111, 16-112, 16-113, and 16-114 of the City Code.
SEC. 20-169. Single service articles.
Pushcarts shall provide only single service articles for
use to the consumers.
SEC. 20-170. Pushcart specifications.
All pushcarts shall meet minimum health and safety stan-
dards as prescribed by the regulatory authority. In
particular pushcarts shall comply with the following
requirements:
a) Each pushcart shall have a supply of paper towels,
soap and detergent which shall be conveniently acces-
sible.
b) Separate space shall be set aside from areas where
food is served or prepared for nonfood related items
which are displayed on pushcarts.
c) Each pushcart shall have a stainless steel hand sink
with a minimum of two compartments with adequate
amounts of hot and cold water under pressure. Each
pushcart shall also have adequate drainboard space.
d) Each pushcart shall provide and have available for
the public, a fly proof, lidded trash container for
the disposal of refuse. Such trash container may be
either on the pushcart or located conveniently near
by.
e) Each pushcart employing butane or propane tanks shall
comply with any and all applicable Fire Department
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regulations. Ground fault interrupters may be re-
quired by the Fire Department as a safety feature to
prevent electrical shock. Each pushcart shall be
equipped with an approved fire extinguisher with a
2A 10BC rating.
SEC. 20-171. Nonpotentially hazardous foods.
Pushcarts which stock and sell only nonpotentially hazard-
ous food shall be governed by the following requirements:
a) A cleanable canopy shall extend over the pushcart and
cover the top surface of the pushcart.
b) Food shall be stored, displayed and serviced in a fly
and rodent-proof manner. Foods shall be protected by
a properly installed sneeze guard shield.
c) All food and condiments shall be dispensed in a sani-
tary manner.
d) Bulk food items shall be properly labeled and dis-
pensed through sanitary devices or utensils.
Canned or bottled beverages where no ice is consumed by
the purchaser, commercially packaged nonpotentially haz-
ardous single portion snack items and commercially wrapped
candy shall be excluded from the above requirements.
SEC. 20-172. Potentially hazardous foods.
Pushcarts which stock and sell potentially hazardous foods
shall be governed by the following requirements:
a) A cleanable canopy shall extend over the pushcart and
cover the top surface of the pushcart.
b) Potentially hazardous foods must be stored, displayed
and served in a fly and rodent-proof manner. Properly
installed sneeze guard shields shall be used during
food preparation. Scooped ice cream sellers shall
have a running water dipper well.
c) All food and condiments shall be dispensed in a
sanitary manner.
d) Pushcart operators and their staff shall not cook on
or adjacent to a pushcart unless such activity is in
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conjunction with another facility permitted and in-
spected by the regulatory authority..
e) Each compartment or area used for storage, display or
service of potentially hazardous food shall be main-
tained at proper temperatures for the food item
stored therein. Hot foods shall be kept at 140°F or
above; cold foods shall be kept at 45°F or below and
frozen foods shall be kept at 0°F or lower. Unbreak-
able thermometers shall be located conspicously in
each of the above applicable areas.
f) Bulk food items shall be properly labeled and dis-
pensed through sanitary devices or utensils.
SEC. 20-173. Specialty Pushcarts.
a) Flowers.
Pushcarts which stock and sell flowers shall be governed
by the following requirements:
1) A cleanable canopy shall extend over the cart and
cover the top surf ace of the cart.
2) Food and/or beverages shall not be sold from carts
selling flowers nor shall flowers be sold from carts
selling food and/or beverages.
3) Flower carts shall have a holding facility to retain
water or fluids used to keep flowers fresh.
4) Flower carts shall be subject to the same operation,
permitting, spacing and location requirements as
other pushcarts, except that flower carts shall be
exempt from those provisions with reference to equip-
ment and facilities which by their very nature have
no application.
b) Residential Pushcarts.
Pushcarts which operate in residential areas shall be
governed by the following requirements:
1) Except as specified herein, residential pushcarts
shall be subject to all other applicable sections of
this ordinance. In no case shall a residential push-
cart be exempt from operating from an approved
commissary facility.
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2) Residential pushcarts shall only be permitted to
operate in specifically designated geographical
locations within the residential districts of the
City. They shall operate only between the hours of
11:00 a.m. and 6:00 p.m. and shall only operate from
and on sidewalk areas.
3) No residential pushcart body shall exceed these
dimensions, two (2) feet in height, two (2) feet in
width and three (3) feet in length.
4) Residential pushcarts shall be constructed of a
smooth and cleanable material and be constructed in a
manner in which cleaning can be easily accomplished.
5) Products sold from residential pushcarts shall be
limited to frozen ice cream and frozen popsickles
which shall be properly packaged and labelled to show
all ingredients.
SEC. 20-174. Commissary.
a) All pushcarts shall operate from an authorized
storage facility, commissary, or other fixed food
service establishment permitted and regularly
inspected by a regulatory health agency.
b) The commissary or base of operations shall be
constructed and operated in compliance with the
requirements of this ordinance and regulations of
pertinent regulatory departments.
SEC. 20-175. Servicing area.
a) All pushcarts shall have a servicing area which shall
have overhead protection, location(s) for draining
and flushing liquid wastes and location(s) for load-
ing and unloading of food and related supplies.
b) The surface of the service area shall be constructed
of a smooth nonabsorbent material graded to drain,
and shall be kept in good repair.
SEC. 20-176. Servicing operation.
a) Potable water servicing equipment shall be installed
and maintained in a manner that protects the water
and equipment from contamination.
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b) Pushcart liquid waste., containers shall be thoroughly
flushed and drained during servicing operations.
c) Flushing and draining activities shall be conducted
in the required servicing areas. No flushing or
draining of liquid waste shall be permitted on public
streets or in any area other than the required
servicing area.
SEC. 20-177. Waste retention.
a) All liquid waste shall be stored in a retention tank
that shall have a minimum capacity of 7.5 gallons or
that is at least 15 percent larger in capacity than
the fresh water supply tank, whichever is greater.
Liquid waste shall only be discharged into a sanitary
sewer disposal system. Waste connections shall be
located lower than the water inlet connection in a
manner to preclude contamination of the potable water
system.
b) Solid waste shall be contained in an easily
cleanable, self-closing, lidded trash receptacle
which shall be kept on the pushcart at all times.
SEC. 20-178. Water system.
All pushcarts shall provide not less than 5 gallons of
water under pressure at all times for use in utensil
cleaning, sterilization and handwashing. One water inlet
shall be located so as not to be contaminated by waste
discharge. Such inlet shall be capped at all times except
when being filled, and shall contain only potable water.
Connection or direct hookup to water sources other than
those on the pushcart shall be approved by the regulatory
authority.
SEC. 20-179. Enforcement.
a) The City's Health Department shall have the authority
to enforce any and all provisions of this ordinance.
b) It shall be within the power and discretion of the
Health Department to suspend or revoke any vendor
permit issued hereunder for continued or repeated
violation or infraction of any provision of this
Ordinance or any rule, direction or regulation of the
Health Department.
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SEC. 20-180. Appeal.
Any person or entity aggrieved by a finding, determina-
tion, notice or action taken under the provisions of the
ordinance may file an appeal in writing with the City
Manager. An appeal must be filed within five (5) days
after receipt of notice of any protested decision or
action by filing with the office of the City Manager a
letter of appeal briefly stating therein the basis for
such appeal. A hearing shall be held on a date no more
than fifteen (15) days after receipt of the letter of
appeal unless extended by mutual agreement of the
parties. Appellant shall be given at least five (5) days
notice of the time and place of the hearing. The City
Manager shall give the appellant, and any other affected
party, a reasonable opportunity to be heard, in order to
show cause why the determination of the regulatory autho-
rity should not be upheld. In all such cases the burden of
proof shall be upon the appellant to show that there was
no substantial evidence to support the action taken by the
regulatory athority. The City Manager shall make his
determination and shall notify the appellant in writing of
his determination. The decision of the City Manager shall
be final .
SECTION 3.
This ordinance shall be cumulative of all provisions of ordi-
nances and of the Code of the City of Fort Worth, Texas ( 1 986) , as
amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code
are hereby repealed. In no event shall this ordinance be construed
to repeal or alter Section 24-6, of the Code of the City of Fort
Worth.
SECTION 4.
It is hereby declared to be the intention of the City Council
that the sections, paragraphs, sentences, clauses and phrases of
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this ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared unconstitu-
tional 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 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 pertaining "to fire safety,
zoning, or public health and sanitation, including dumping of
refuse, shall be f fined not more than• One Thousand Dollars ( $1 , 000 )
for each offense and shall be fined not more than Two Hundred
Dollars ($200) for all other violations. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are
expressly saved ,as to any and all violations of the provisions of
the Code of the City of Fort Worth, Texas, and of any other ordi-
nances, which have accrued at the time of the effective date of this
ordinance; and, as to such accrued violations and all pending liti-
gation, both civil and criminal, whether pending in court or not,
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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 Fort Worth is hereby directed
to engross and enroll this ordinance by~copying the Caption and
Sections 5, 8 and 9 in the minutes of the City Council and by filing
the ordinance in the ordinance records of the City.
SECTION 8.
The City Secretary of the City of Fort Worth, Texas, is hereby
directed to publish the Caption and Sections 5, 8 and 9 of this
ordinance for two (2 ) days in the official newspaper of the City of
Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil
Statutes of Texas.
SECTION 9.
This ordinance shall take effect and be in full force and
effect from and after its passage and publication as required by
law, and it is so ordained.
A ROVED AS TO FORM ND LEGALITY:
,' City Attorney
Date : ~ ' ~ S
`ADOPTED: ~C '~ ~~
EFFECTIVE:
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DATE REFERENCE
NUMBER SUBJECT PAGE
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TM~M~~/S7 G-7098 PUSHCART ORDINANCE , of 1
CREATION i~
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance which would
permit pushcarts to operate in the f ollowing locations
1) In Mall Shopping Centers, with the permission of the owner of the Center,
2) In downtown area parks, with the approval of the City Manager and the
Director of the Park and Recreation Department,
3) At temporary special events with a special event permit, and
4) On private property, with the written permission of the owner.
5) Residential pushcarts would be permitted only on sidewalks and only in
specially designated geographical locations.
BACKGROUND
In the past, the sale of foods and flowers from pushcarts has been prohibited.
Pouch of the disapproval for thi s type of vendi ny was attri buted to a 1 ack of
adequate safeguards for the preservation of f ood and the high risks of
contamination and the spread of disease. Advances in f ood preservation
technologies have made it possible to safely permit the sale of foods which meet
strict health guidelines. The revitalization of the Downtown and St ockyard areas
and enthusiasm and support for pushcarts have resulted in this ordinance.
This ordinance encompasses a broad range of considerations and will be
supplemented by administrative regulations. Pushcart vendors will be required t o
meet high quality control and operations standards and will be permitted t o a
specific location for ease in tracking alleged food-related illnesses. Start-up
costs i ncl ude the f of 1 owi ng fees
Annual Health Permit $150.00
Plan Review Fee for Commissary, if necessary $ 65.00-$400.00
All pushcarts must operate from a permitted and regularly inspected commissary.
Strict guidelines ensure that pushcart locations will result in minimal
disruption of pedestrian and vehicular traffic. In an effort to preserve the
peace and protect the environment, pushcart vendors will be prohibited from
hawking or using attention-getting devices and will be required t o police for
trash and debris within the immediate vicinity of their appointed location(s).
Residential pushcarts would be permitted t o sell only pre-packaged frozen ice
cream and popsicles in specifically designated residential areas of the city.
The Health Department will be responsible for overseeing the enfor ment of this
~
~P'ROVED BY.
ordinance.
Adopted ordinance No. ~~~ C~UI~G~L
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CITY MANAGER'S
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OFFICE B ~,
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ORIGINATING
DEPARTMENT HEAD- Wad C T R DESCR E)
CITY SECRETARY
FOR ADDITIONAL INFOq MATT N,
6130
CONTACT Hnn ~i vel e I vL !Cti(~
DATE
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City of Fors Worih, Texct&