HomeMy WebLinkAboutOrd 2026-5029_amends Chapter 106 for mobile food vendorsORDINANCE NO. 2026 - 5029
AN ORDINANCE AMENDING CHAPTER 106 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY ADOPTING REGULATIONS FOR
THE OPERATION OF MOBILE FOOD VENDORS WITHIN THE CITY OF LA PORTE,
TEXAS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 106, "Zoning," Article III. "Districts", Division 1 "Generally", of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended by adding new Section 106-
312 "Mobile Food Vendors" which section shall hereinafter read as follows:
"Sec. 106-312. Mobile Food Vendors.
(a) Purpose and applicability. The purpose of this section is to establish regulations and guidelines for
mobile food vendors to operate on private property in the MS, GC, BI, LI, and HI zoning districts
within the city, for the protection of the health, safety, and general welfare of the public.
1. This section does not apply to mobile food vendors: 1) operating at a permitted mobile food
vendor food court, 2) providing services at a special event sponsored by the City of La Porte, Harris
County, or La Porte ISD., or 3) operating the mobile beverage cart at the Bay Forest Golf Course.
2. Mobile food vendors are permitted to operate for a period of time of two (2) hours or less in the
LL, R-1, R-2, and R-3 zoning districts. Mobile food vendors operating in the LL, R-1, R-2, or R-3 zoning
districts under this exception are exempt from subsections 106-312(c)1., 106-312(c)2., and 106-
312(c)5 below.
(b) Definitions.
Mobile concession _trailer means a mobile food vending unit selling items defined as edible goods,
which is pulled by a motorized unit and has no power to move on its own.
Mobile food cart or concession cart means a mobile food vending unit, selling items defined as
edible goods, that must be moved by non -motorized means.
Mobile food truck means a self-contained motorized unit selling items defined as edible goods.
Mobile food vending unit means a mobile food truck, mobile food cart, concession cart, or mobile
concession trailer.
Mobile food vendors means any business that operates or sells food or beverages for human
consumption, hot or cold, from a mobile food vending unit.
Mobile food vendor food court means a site designed for the operation of one or more mobile food
vendors as the primary use.
(c) Regulations for mobile food vendors.
1. Mobile food vendors, outside of a permitted mobile food vendor food court, are permitted on
private property in the MS, GC, BI, LI, and HI zoning districts. The private property must contain an
existing permanent business operating in a building with a certificate of occupancy at all times while
the mobile food vending unit occupies the property.
2. No mobile food vendor shall operate within 200 feet of a residential structure.
3. Any lighting shall be directed away from adjacent rights -of -way and property lines.
4. No mobile food vendor operated outside of a permitted mobile food vendor court shall be located
within 250 feet of another mobile food vendor.
5. Mobile food vendors shall not operate within a public park, public right-of-way, publicly owned
property or site without permission from the city, unless participating in a city, county, or ISD
sponsored event.
6. Mobile food vendors must meet all fire safety regulations applicable to mobile food vendors as
described in the most recently adopted edition of the International Fire Code (IFC) or any
amendments thereto.
7. Mobile food vendors shall provide covered garbage and storage facilities for employee and
customer use, of sufficient size that refuse is fully contained in a manner that prevents litter and
remains insect- and rodent -proof. The mobile food vendor is responsible for the disposal of all
subject refuse prior to leaving the point of sale site.
8. The mobile food vending unit must meet the following plumbing standards:
a. All liquid waste shall be discharged to an approved sanitary sewage disposal system at a
commissary or through an authorized service provider. All used fats, oil, or grease shall be
discharged to an approved grease interceptor at the commissary or through an authorized service
provider.
b. Connections to a water or sewage system on site is prohibited, unless discharging into an
approved grease trap.
9. Electricity shall be supplied from a generator, unless the mobile food vendor is connected to a
dedicated utility post or building electrical outlet with written authorization from the owner of
the property or the owner's authorized agent. In all cases the mobile food vendor shall utilize
electrical cords not exceeding 25 feet in length and in conformance with the National Electrical
Code (NEC) and International Fire Code (IFC), as adopted and amended by the city.
10. Mobile food vendors shall not set up or be located in fire lanes or parking spaces that are required
for use of an existing business.
11. The mobile food vending unit and any parking areas used by the mobile food vendor or its
customers, shall be located on a paved surface, or an alternative dust -free all-weather surface, as
approved by the Director of Planning and Development or designee, unless participating in a city,
county, or ISD sponsored event.
12. The only signage permitted for a mobile food vending unit shall permanently affixed to the mobile
food vending unit.
13. Mobile food vendors must comply with all applicable city ordinances, including but not limited to
Chapter 34, Article III. Noise Pollution.
14. Drive -through service from mobile food vendors is prohibited."
Section 2. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 3. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof
shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the
remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been
passed alone.
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent
of such conflict only.
Section 5. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law preceding
this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to
the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies,
approves and confirms such written notice and the contents and posting thereof.
Section 6. This Ordinance shall be effective fourteen (14) days after its passage and approval. The
City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to
be published in the official newspaper of the City of La Porte at least once within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED this the 9tn day of February 2026.
CITY OF LA PORTE, TE
By:
Rick Helto , Mayor
APPROVED AS TO FORM:
T
Clark Askins, City Attorney