[1]
Editor’s note – Former division 6 pertained to similar subject matter and derived from Ordinance 3689, adopted 4/26/2021; Ordinance 3792, adopted 5/17/2023.
When specifically used in this article, the following words and terms, unless the context indicates a different meaning, shall have the meaning assigned to them below. If there is any conflict between divisions 1—5, and this division 6, the definition specifically set forth in this division 6 shall control during the time this division is in effect.
Mobile food unit (MFU)
means a vehicle-mounted food service establishment or a food service establishment pulled behind a vehicle to be readily moveable.
Person
means an operator or registered owner of a vehicle that qualifies as a mobile food unit, whether permitted or unpermitted.
Property owner
means the owner or tenant of the property where the mobile food unit, whether permitted or unpermitted, is operating.
(Ordinance 3815, § 1, adopted 9/11/2023)
No person, company, or corporation shall operate, maintain, or park a mobile food unit (MFU) within the City of North Richland Hills without a permit issued by Tarrant County in compliance with chapter 437A of the Texas Health and Safety Code.
(Ordinance 3815, § 1, adopted 9/11/2023)
(a) 
Public or private property.
Mobile food units may operate upon properties with the permission of the property owner or an authorized agent for the property owner. It shall be unlawful for a mobile food unit to vend:
(1) 
From a vacant property, stand or other temporary structure;
(2) 
Upon an area not paved by an asphalt or concrete surface;
(3) 
Within a visibility triangle as defined by section 118-714, and illustrated in Article IX, Illustration Figure I.9, of the North Richland Hills Code of Ordinances;
(4) 
Within 50 feet of an intersection;
(5) 
Within an area within which the standing or parking of vehicles is prohibited;
(6) 
From a public street, right-of-way, sidewalk or other adjacent public or private property, unless such street, right-of-way, sidewalk or other property is designated by the City of North Richland Hills as an approved MFU location and for the timeframes specified by the city for such location;
(7) 
From an area other than the side of the MFU;
(8) 
Upon a premise holding a Texas Alcohol and Beverage Commission license in which alcoholic beverage consumption is prohibited.
(b) 
Special event permit. Mobile food units that have obtained the permit required by section 18-280 of this code may operate in conjunction with a special event permit as issued by neighborhood services department of the City of North Richland Hills.
(1) 
Commercial or industrial property. Mobile food units may operate on private commercial or industrial property, properly zoned and with the written notarized permission of the property owner and/or landlord if the mobile food unit has access to approved flush type toilet facilities, connected to an approved type sewage system on the private commercial or industrial property and within 150 feet from the MFU. Mobile food units must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site.
(2) 
Residential property. Mobile food units may operate on residential private property up to two times per year with written notarized permission from the property owner and with a special event permit, if required by the City of North Richland Hills. They must be parked on a paved surface and are not allowed to discharge wastewater or grey water on site.
(c) 
All mobile food units shall comply with this Code as well as with state and federal law; Nothing in this article shall exempt a food vendor from zoning ordinances.
(Ordinance 3815, § 1, adopted 9/11/2023)
The hours of operation of any mobile food unit are subject to the following restrictions, which such restrictions are in addition to all other restrictions included in the permitting process:
(a) 
A mobile food unit may operate in a residential zoned area from 7:00 a.m. Central Standard Time (CST) until 9:00 p.m. CST.
(1) 
MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or authorized agent of the property.
(2) 
MFU must adhere to the noise level restrictions described in the City of North Richland Hills Code of Ordinances Chapter 34-33 (23) - Specific Nuisances.
(3) 
The MFU must leave the location at the end of the service and may not remain parked or stored at the location overnight even with the permission of the property owner.
(b) 
A mobile food unit may operate in a commercially zoned area during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 7:00 a.m. CST nor later than 11:00 p.m. CST.
(1) 
MFU may only operate at the location following the issuance of the MFU permit by the regulatory authority and with written permission of the property owner or landlord of the property.
(2) 
MFU may only operate in the area of the property designated in the application submitted by the property owner or landlord of the property.
(3) 
The MFU must leave the location each day and may not remain parked or stored at the location overnight even with the permission of the property owner.
(4) 
MFU must adhere to the noise level restrictions described in the City of North Richland Hills Code of Ordinances Chapter 34-33 (23) - Specific Nuisances.
(c) 
A mobile food unit may operate in a mixed use/transit oriented zoned district during the normal hours of operation for the business location on which it is permitted to be parked however, under no circumstances can the MFU operate earlier than 6:00 a.m. CST or after 11:00 p.m. CST.
(1) 
If parked on commercial property within the district it may only operate during the hours of operation for the business.
(2) 
If parked in a street parking spot approved for an MFU within the district it may operate for no more than three consecutive hours.
(3) 
The MFU must leave the location at the end of the three hour timeframe for operation and may not remain in the parking spot overnight.
(4) 
The total noise level of any mobile food unit shall comply with NRH Code of Ordinances Section 34-33(23), Specific nuisances. The mobile food unit shall turn off all music and recorded messages while stationary, except when stopped at a controlled intersection.
(Ordinance 3815, § 1, adopted 9/11/2023)
(a) 
Mobile food units shall not utilize any required business parking spaces or park in a designated or marked fire lane.
(b) 
Mobile food units shall not park, stop or stand in areas designated or marked as "no parking areas" or park in violation of North Richland Hills Code of Ordinances, Ch. 54.
(c) 
Mobile food units must comply with North Richland Hills Code of Ordinances, Ch. 34, as it relates to public nuisances.
(d) 
Mobile food units may operate at locations where on premise alcohol consumption is allowed as permitted by Texas Alcohol Beverage Code.
(e) 
Mobile food units may not erect a tent or supply tables or chairs to be used outside the vehicle or trailer.
(f) 
At no time shall there be more than one mobile food unit per location or within 300 feet of another mobile food unit unless operating pursuant to a North Richland Hills Special Event permit, or as otherwise permitted by City ordinance.
(Ordinance 3815, § 1, adopted 9/11/2023)