Ordinance No. 15,018 ORDINANCE NO. 15,018
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," SECTION 42-131 "DEFINITIONS"
AND SECTION 42-153 "MOBILE FOOD ESTABLISHMENTS" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO INCLUDE THE USE OF FOOD SERVICE
TRAILERS; TO INCREASE THE HOURS OF OPERATION; 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 IV "Food and Food Service
Establishments," Section 42-131 "Definitions" of the Code of Ordinances, Baytown, Texas, is hereby
amended to expand the definition of"mobile food unit," which definition shall read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
Sec.42-131. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Mobilefood unit shall mean a food service establishment that is a vehicle-mounted,self-propelled
unit or an enclosed trailer used for the preparation,sale,or donation of onsite prepared food and is capable
of being readily moveable.
Section 2: That Chapter 42 "Health and Sanitation," Article IV "Food and Food Service
Establishments," Section 42-153 "Mobile food establishments," Subsection (c)(3) of the Code of
Ordinances,Baytown,Texas,is hereby amended to read as follows:
CHAPTER 42. HEALTH AND SANITATION
ARTICLE IV. FOOD AND FOOD SERVICE ESTABLISHMENTS
Sec.42-153. Mobile food establishments.
(c)Application.
(3) Locations ol'operation. 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 ACT zoning district designated by the city for use by mobile
food units. No mobile unit may operate for more than 12 hours at any location other than
city-designated mobile food unit areas within the ACE zoning district of the city. The
operator shall also give written notice at least two 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.
Section 3: 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 4: 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 this ordinance are declared to be severable.
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 published in the official newspaper of the City of Baytown at least twice within ten (10)
days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of
Baytown, this the 27"day of January, 2022.
NDON CAPETILLQ ayor
T ST: OF6PYTO.�,�1,T
ANGELA TKCKSON, Ci
APPR VEED AS TO FORM:
W" I ? _
TREVOR FANNING, Interim City Attorney
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