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(a) The owner or operator of a pushcart unit commits an offense if the pushcart is operated in violation of any provision of this division. An offense as defined under this division is a misdemeanor punishable by a fine not to exceed $2,000 in accordance with § 1-6(c). Each separate occurrence of a violation or each day that a violation continues shall constitute a separate offense. If an offense defined under this division does not include a culpable mental state, then intent, knowledge, or recklessness suffices to establish criminal responsibility.
(b) The city's code compliance department shall have the authority to enforce any and all provisions of this division.
(c) It shall be within the power and discretion of the code compliance department to suspend or revoke any permit issued hereunder for continued or repeated violation or infraction of any provision of this division or any rule, direction or regulation of the code compliance department.
(Ord. 22242-05-2016, § 4, passed 5-24-2016; Ord. 23569-02-2019, § 2, passed 2-12-2019, eff. 2-23-2019)
Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of the division, other than for an offense or violation, may file an appeal in writing with the city manager or that individual's authorized representative. An appeal must be filed within five 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 15 days after receipt of the letter of appeal unless extended by mutual agreement of the parties. Appellant shall be given at least five days' notice of the time and place of the hearing. The city manager or authorized representative 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 health agency 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 health agency. The city manager or authorized representative shall make his or her determination and shall notify the appellant in writing of his or her determination. The decision of the city manager or authorized representative shall be final.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) With the exception in subsection (b) below, a pushcart body shall not exceed four feet in height, three feet in width, or six feet in length.
(b) A pushcart for selling frozen ice cream and popsicles in a residential zone shall not exceed these pushcart body dimensions: two feet in height, two feet in width and three feet in length. It may have one attached nonabsorbent container that does not exceed 16 gallons in size, if maintained in good condition and clean, to display and store additional approved foods.
(c) Pushcarts operating outside the downtown area which are on commercial or industrial private property, within 20 feet of the public entrance or exit to an operating commercial or industrial business, and not within 100 feet of the public right-of-way may also have the following allowed accessories which shall be limited to:
(1) Coolers;
(2) Attached counters;
(3) Canopies;
(4) Up to two stools for use by employees; and
(5) Trash cans for use by pushcart operators and customers.
(6) Allowed accessories must be kept in close proximity to the pushcart body.
(d) When placed for operation, the pushcart body, allowed attachments and allowed accessories shall be limited to a total combined area not to exceed ten feet in height, six feet in width, or ten feet in length.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
(a) Pushcarts which operate in residentially zoned areas shall be governed by the following requirements:
(1) Pushcarts shall operate only between the hours of 7:00 a.m. through sunset and shall operate from and on sidewalk areas, except as otherwise provided in this division.
(2) Products sold from pushcarts shall be limited to fresh produce, packaged non-potentially hazardous foods, packaged frozen ice cream and popsicles. All foods other than produce shall be labeled according to the requirements of the Texas Food Establishment Rules.
(3) A pushcart may have attached one nonabsorbent container that does not exceed 16 gallons in size to display and store approved foods as long as size does not exceed dimensions in § 16-183(a).
(4) No pushcart may be located on a vacant lot. However, a pushcart may be permitted to operate on a vacant lot in a nonresidential district with written permission from the property owner and the director. In a residential area or district, a pushcart shall not be permitted to operate on a residentially used lot or vacant lot, but shall be permitted to operate on a lot with an existing nonresidential use such as a church or school with permission from the property owner and the director.
(b) Pushcarts may operate from commercially or industrially zoned private property, not in the public right-of-way, and which is located outside of the downtown area with the advance approval of the owner or duly authorized representative of said property. Pushcarts shall not, however, be permitted on private property in the downtown area.
(c) 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, or within 500 feet of any school property, nor on any municipal recreation facility, except as specifically provided herein or with the written approval of the director based upon special circumstances. No sale or offering to sell shall be made from any pushcart within a city park, except that sales may be made from the sidewalks on the perimeter of city parks.
(d) During special events, pushcarts that are in accordance with the special event permit may operate during the prescribed location and hours of the special event, notwithstanding any provision of this section to the contrary.
(e) On lots or properties where pushcarts are allowed under this section, no more than one pushcart shall be permitted at one time. Schools, however, shall not be subject to this limitation so long as the school has provided permission to the pushcart operators.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
Flower pushcarts. Pushcarts which stock and sell flowers shall be governed by the following requirements.
(a) A cleanable canopy shall extend over the cart and cover the top surface of the cart.
(b) Food and/or beverages shall not be sold from carts selling flowers nor shall flowers be sold from carts selling food and/or beverages.
(c) Flower carts shall have a holding facility to retain water or fluids used to keep flowers fresh.
(d) 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 equipment and facilities which by their very nature have no application.
(Ord. 22242-05-2016, § 4, passed 5-24-2016)
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