Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the ordinance be passed.

Upon call of the roll on the question of the motion, the following vote was recorded:

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that two ordinances were introduced at the June 6 meeting to update the City’s Business Regulation Code with respect to food trucks. The first was an ordinance that will allow “mobile food vehicles,” or food trucks, to operate on public rights-of-way in the City.

After that ordinance was introduced, City Council heard from a number of residents concerned about food trucks on residential streets, particularly near the schools and public parks. For example, what if a vendor decides that a location in front of a particular house is a good business location, and they want to operate there every day for one hour at a time? Or if several food truck operators decide to surround Oakwood High School every day at lunch time? The consistent theme heard is that residents do not necessarily dislike food trucks, but are concerned that the ordinance would create an “open” system that allows licensed vendors to decide when, where, and how often they will open for business in the City.

Council is receptive to, and shares, these legitimate concerns. For that reason, Council is withdrawing the ordinance introduced last month. In its place, Vice Mayor Byington introduced an alternate food truck ordinance that Council asked the Law Director to prepare. This new ordinance will allow food truck operation in the City, but does so with an event-based permit system instead of the “open” system in the prior ordinance.

This new ordinance includes a number of provisions to protect the residential character of the Oakwood community. Highlights include the following:

• Permits are always required for food truck operation, whether on public or private property.
• Permits will only be issued in connection with a specific party, rally, or other event sponsored or hosted by an Oakwood property owner. There will be no blanket permits or annual licenses.
• Permits will be issued for a specific location during a specific time.
• All operators will be required to display their permit on the dashboard or hung from the rear view mirror during the permitted event.
• Permits will be issued on a first-come-first-served basis. No more than 3 permits will be available for a particular event, although the City Manager will have limited discretion to increase the number of available permits for larger events in locations that can accommodate more food trucks.
• The city retains the right to deny or impose conditions on permits as needed to minimize traffic and parking congestion; to protect public safety; to ensure that access to public buildings and facilities is not impeded; and to ensure that there is no interference with the delivery of governmental or emergency services.

Provisions carried forward from the prior ordinance include:

• All operators and facilities must be in full compliance with all state and county requirements for mobile food service, and must have all necessary licenses, permits, certificates, and inspections.
• All operators and facilities must be in full compliance with all local ordinances, including noise ordinances.