Ordinance No. 13,440ORDINANCE NO . 13,440
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS , AMENDING CHAPTER 42 "HEALTH AND SANITATION ,"
ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS ,"
DIVISION 1 "GENERALLY," SECTION 42-153 "MOBILE FOOD
ESTABLISHMENTS ," SUBSECTION (C) "APPLICATION,"
SUBPARAGRAPH (3) "LOCATIONS OF OPERATION" AND
SUBPARAGRAPH (5) "ACCESS TO TOILETS" OF THE CODE OF
ORDINANCES , BAYTOWN, TEXAS , TO INCREASE THE LENGTH OF
TIME A MOBILE FOOD UNIT MAY REMAIN IN ONE PLACE AND TO
INCREASE THE DISTANCE BETWEEN MOBILE FOOD UNITS AND
TOILETS ; PROVIDING A REPEALING CLAUSE ; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO
THOUSAND AND N0/100 DOLLARS ($2,000 .00); AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 42 "Health and Sanitation," Article N "Food and Food
Service Establishments ," Division 1 "Generally," Section 42-153 "Mobile food establishments ,"
Subsection (c) "Application," Subparagraph (3) "Locations of operation" and Subparagraph (5)
"Access to toilets" of the Code of Ordinances , Baytown, Texas , are hereby amended to read as
follows :
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
DIVISION 1. GENERALLY
Sec. 42-153. Mobile food establishments.
(c) Application .
(3) Locations of op eration. Prior to the issuance of any permit, the operator of a
mobile food unit , other than a restricted operations mobile food unit, shall submit
to the department a list of locations where the mobile food unit will be in
operation. No mobile food unit may operate on public rights-of-way or public
property without the prior written consent of the city unless operating on property
within the ACE zoning district designated by the city for use by mobile food
units . No mobile unit may operate for more than six (6) hours at any location
other than city-designated mobile food unit areas within the ACE zoning district
of the City of Baytown. The operator shall also give written notice at least two
(2) business days prior to beginning operations at or relocating operations to any
location not currently included on the list of active locations submitted to the
department.
(5) Access to toilets. Prior to the issuance of a permit, the operator of a mobile food
unit, other than a restricted operations mobile food unit, to be operated on private
property shall submit to the department proof of availability of restroom s with
flushable toilets for the use of the mobile food unit employees . Such restrooms
must be located in a business establishment within 300 feet of each location where
the mobile food unit will be in operation. Proof of availability of adequate
facilities shall be in the form of a written statement from the owner or authorized
agent , which must include the following :
a. the name , address , email and telephone number of:
1. property owner or authorized agent or
2. if the property owner is a partnership or corporation, one of the
partners or officers.
b. the type of business and hours of operation during which the restrooms
will be av ailable to the applicant.
A copy of the statement shall be displayed in the mobile food unit in a conspicuous
place in plain view of the public at all times . The operator of a mobile food unit
shall immediately cease operations and remove the mobile food unit from the
property upon receipt of a notice of a violation of this subsection.
Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed ; provided , however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 3: If any provision, section , exception , subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances , shall for any reason be held unconstitutional , void or invalid , such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of thi s ordinance are declared to be
severable .
Section 4 : Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and , upon conviction, shall be punished by a fine not exceeding
2
TWO THOUSAND AND N0/1 00 DOLLARS ($2,000 .00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense.
Section 5: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be publi shed in the official newspaper of the City of Baytown at
least twice within ten (1 0) days after passage of this ordinance.
INTRODUCED , READ , and PASS ED by the affirmative vot
City of Baytown, this the 13th day of April , 2017 .
ayor
ATTEST :
APPROVE.Q AS TO FORM:
\\cobfsO I \legal\Karen\Fil es \C ity Counc il \Ordina nces\20 17\A pril 13\Mobil eFoodVend orsAmendm ent.docx
3