HomeMy WebLinkAboutOrdinance 16721-12-2005ORDINANCE N0.16721 12-2005
AN ORDINANCE AMENDING THE CODE OF THE CITY
OF FORT WORTH, BY AMENDING CHAPTER 20,
`LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS, ARTICLE IV `VENDORS, DIVISION 2,
`PUSHCARTS, AMENDING SECTIONS 20-161, 20-163
AND 20-165 TO EXPAND THE LOCATION PUSHCARTS
ARE ALLOWED TO INCLUDE OPEN/PUBLIC GREEN
.SPACE PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A PENALTY CLAUSE, PROVIDING A
SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Fort Worth has heretofore enacted provisions allowing pushcart
vendors to engage in business wrthm the Crty as provided m Chapter 20 `Licenses and
Miscellaneous Business Regulations" of the Fort Worth Crty Code; and
WHEREAS, Section 20-165 `Locations" of the ordinance allows pushcarts m designated
downtown areas with advance approval by the City Council, and
WHEREAS, currently Crty Council has designated seven locations wrtlun the downtown
area m which locations for pushcarts are permitted and the hours m which operation is
permitted, and
WHEREAS, the City Council received a request to expand the locations where pushcart
vendors are allowed to operate and the times that pushcart vendors are allowed to operate•
and
WHEREAS, the Crty Council directed staff to meet with pushcart vendors and other
interested parties, such as Downtown Fort Worth Inc., Sundance Square, downtown business
owners and residents ("Committee '), to discuss issues related to the location of pushcart
vending units and their hours of operation in the downtown area, and
WHEREAS after several meetings, the consensus from the Committee on the issue of
locations was to amend the downtown locations where pushcarts are permissible to include
one new location and revise a currently designated location, and
WHEREAS on the issue of expanded operational hours, the consensus of the Committee
was to leave the hours in which operation is allowed unchanged for the following reasons
after hours vending would require the creation of new locations and would add to loitering,
sidewalk congestion, and noise and
WHEREAS the City Council deems it necessary to expand the areas of downtown
where pushcarts may be located to include other downtown areas as designated by City
Council in order to reflect the continued revitalization of the downtown area and the support
for pushcarts m such locations,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS
Section 1
The Code of the City of Fort Worth, Texas (1986) as amended, Chapter 20 `Licenses
and Miscellaneous Business Regulations, Article IV `Vendors, Division 2,
`Pushcarts, is amended by amending Section 20-165 as set out below so that hereafter
said Division 2 shall read as follows
Section 20-161 Definitions.
Slot shall mean a designated location, as approved by the City Council, for the
placement of a pushcart in a downtown area park, a sidewalk abutting and immediately
adjacent to such a park, and/or other downtown area sidewalks abutting and immediately
adjacent to publicly-owned green spaces.
Section 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.
6) As an express condition of the acceptance of a permit hereunder for an
available slot m a downtown area park, adjacent sidewalk, and/or a
downtown area sidewalk adjacent to publicly-owned green space,
recipient agrees to police for trash and debris, an area within a twenty five
foot radius of the pushcart location.
(b) Insurance and Indemnification.
1) No permit shall be issued to an applicant vending in a downtown area
park, adjacent sidewalk, and a downtown area sidewalk adjacent to
publicly-owned green space or on a residential sidewalk unless
verification of insurance is confirmed by a representative from the Risk
Management Division of Finance The applicant shall have filed in the
City Secretary's Office a certificate showing that the applicant has secured
and agrees to keep in force during the term of the permit a policy
providing for bodily injury and property damage m the amounts as follow
(d) The number of permits available for vending m downtown area parks, adjacent
sidewalks, and other downtown area sidewalks adjacent to publicly-owned green
spaces shall be determined by the City Council after receiving comments and
recommendations by the City Manager the Director of Health and the Director of
Parks and Community Services. The site selections process and the process for
reassigning abandoned sites shall also be subject to the prior approval of City
Council.
Section 20-165. Locations.
(b) It shall be permissible for pushcarts to operate within the following designated
areas
1) Designated slots m downtown area parks, sidewalks adjacent to
downtown area parks and/or other designated downtown area sidewalks
abutting or adjacent to publicly-owned green spaces, with the advance
approval of the City Council The City Council shall receive the
comments and recommendations of the City Manager and Director of
Parks and Community Services before acting upon requests for pushcart
permits m such downtown area locations
(c) Slots nontransferable Use of a slot as approved by City Council m a
downtown area park, sidewalk adjacent to a downtown area park and/or other
downtown area sidewalk adjacent to publicly-owned green space is a
privilege, not a property right. Such a designated slot shall not be
transferable it shall be available only to the person designated by permit.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are m 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.
SECTION 3
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 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 m this ordinance of any such unconstitutional phrase, clause sentence,
paragraph or section.
SECTION 4
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 Five Hundred Dollars ($500 00) for each offense Each day
that a violation exists shall constitute a separate offense
SECTION 5.
All rights and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of Ordinance No 3011 Ordinance No 13896 or any
other ordinances affecting zoning which 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.
That the Crty Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52 013
SECTION 7
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
sy~ t~
Assistant Crty Attorney
ADOPTED ~~ LQ~ ~ ~ (p , a,®Q~
EFFECTIVE ~CQ~~J~ ( , a~~
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved As Amended on 12/6/2005 Ordinance No 16721 12 2005
._~
DATE Tuesday December 06 2005
LOG NAME 12PUSHCARTS REFERENCE NO G 15029
SUBJECT
Adoption of an Ordinance Amending Chapter 20 Division Two 'Pushcarts in Order to Expand the
Locations that Pushcarts are Allowed to Operate in the Downtown Area to Include Sidewalks
Adjacent to or Abutting Publicly Owned Green Space
RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending Chapter 20 Division Two Pushcarts,
Section 20-161 Definitions, 20-163 Permits and 20-165 Locations to expand the areas within the downtown
area where pushcarts are allowed to operate and reflect that change in the above named sections.
DISCUSSION
On June 4 1987 the City Council adopted Ordinance No 9880 which permitted pushcarts to operate in
certain locations in the downtown area with the advanced written approval of the City Council Currently
the sites designated by Council where pushcarts are permitted to operate in downtown area are limited to
downtown area parks and/or adjacent sidewalks
Since 1987 downtown Fort Worth has seen revitalization in both residential and commercial areas. As a
result of this revitalization the current areas in which pushcarts may be located in the downtown area may
not adequately reflect the public support for such vendor operations. City staff in conjunction with
Downtown Fort Worth Inc. pushcart vendors and local residents, propose amending the current ordinance
to expand the areas in downtown where pushcarts are allowed to operate to include not only downtown
area parks and/or sidewalks adjacent to downtown area parks, but also sidewalks adjacent or abutting
publicly owned green spaces. Vendors would be allowed to operate in these locations only if the location
has been approved by City Council
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office ~ Richard Zavala (Acting) (6222)
Originating Department Head David Yett (7623)
Additional Information Contact: Melinda Ramos (7631)
http.//www.cfwnet.org/council~acket/Reports/mc~rint.asp 12/12/2005