OR 2002- 983 Mobile Vending OrdinanceORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2002-983
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
SECTION 6-2-11, SUBSECTION (F) AND CHAPTER 9, SECTION 9-11-3,
SUBSECTION (N) TO PROHIBIT SELL OR OFFER FOR SALE ANY
FOOD, DRINK, CONFECTION, MERCHANDISE OR SERVICES BY
MOBILE VENDERS AND TO AMEND CHAPTER 9, SECTION 9-11-8,
SUBSECTION (A) BY PROVIDING EXCEPTIONS TO PERMITTED
SPECIAL PERMITS; PROVIDING AN EXCEPTION; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City parks are a place for recreation and to enjoy the quality of life
without traffic congestion and annoyance of persons selling or offering to sell food, drinks,
confections, merchandise, or other services; and
WHEREAS, such vending within the City parks can pose a health, safety and welfare
concern for the citizens of the City and persons utilizing the park; and
WHEREAS, such vending tends to disrupt the pastoral, peace and quiet of the parks
and/or nature area;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Section 6-2-1 i(F) to read as follows:
"Sec. 6-2-11. Sale of merchandise on public right-of-way; city parks; mobile vendors.
F. No person may sell or offer for sale any food, drinks, confections,
merchandise, or services by mobile vending within the limits of any city park except
as provided in Sec. 9-11-3(N)."
SECTION 2. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 9, Section 9-11-3 (N) to read as follows:
"Sec. 9-11-3. General regulations.
Within the limits of any park, it shall be unlawful .....
N. to sell or offer for sale any food, drinks, confections, merchandise, or
services, except a concession operated by the City, sports association under a
licensing agreement, or a City authorized special event."
SECTION 3. That the Code of Ordinance of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 9, Section 9-11-8 (A) to read as follows:
"Sec. 9-11-8. Special permits.
A. Special permits as required by this article must be applied for in writing no later
than three working days prior to the date for which the permit is request. However, in no
event shall a special permit be issued for provisions contained in Sec. 9-11-3 (K), (M), and
(P), and Sec. 9-11-4 (D) of this code. Such written request must clearly, concisely, and
accurately state the purpose for which the permit is requested, the time or times and dates for
which the permit is requested, the person or persons who intend to utilize such permit, and
the person or persons requesting such permit. The director or a duly authorized
representative of the director should make every effort to act upon such request within two
working days of receipt of such request.
SECTION 4. That all provisions of the Code of Ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid,
the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof
other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the
validity of the Code of Ordinances as a whole.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 7. That any person, firm or corporation violating any of the provisions or terms
of this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be
subject to a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and
each and every day such violation is continued shall be deemed to constitute a separate offense.
SECTION 8. That this ordinance shall take effect immediately from and after its passage
and the publication of the caption, as the law and charter in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day of
April, 2002.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
(REH/edb 04/16/02)
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