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(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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