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GARLAND
POLICY REPORT

Work Session Item 4.c.

City Council Work Session Agenda

Meeting Date:

12/04/2023

Item Title: Ordinance Amendments Concerning Ice Cream Trucks

Submitted By:

Mandy Pippen

Council Goal:

Safe, Family-Friendly Neighborhoods

ISSUE

Ice cream trucks have been prohibited in Garland for many years, until an ordinance change in June of 2023, removed the prohibition. House Bill 2878, effective September 1, 2023, delegates permitting authority of mobile food to Dallas County, but does not delegate zoning and noise regulation. Therefore, the Garland City Ordinance must be amended to regulate the manner in which ice cream trucks and ice cream carts may operate.

OPTIONS

1. Adopt ordinance amendments to Section 228.231 of GCO 22.26 as presented.
2. Make changes to proposed ordinance amendments as presented and then adopt.

RECOMMENDATION

Staff recommends adoption of the proposed amendments to GCO 22.26, Section 228.231.

BACKGROUND

Garland City Ordinance prohibited ice cream trucks from at least 2007 until June 2023. On June 6, 2023, City Council passed an amendment to repeal Section 228.231 of GCO Section 22.26, thus removing the prohibition, effective immediately. While rules to regulate ice cream trucks were being developed, state law changed. House Bill 2878 delegated Dallas County as the permitting authority for all municipalities within the county, effective September 1, 2023. HB 2878 only regulates the health aspects of mobile food, so zoning and noise issues can be regulated locally.

CONSIDERATION

Unless otherwise directed by Council, this item will be scheduled for formal consideration at the December 12, 2023, Regular Meeting.

Attachments

Ice Cream Trucks-PPT

Ordinance Amendment-Ice Cream Trucks