(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)