Council talks food truck regulations ordinance
The mobile food vendor ordinance has been in front of the Cape Coral City Council seemingly forever and many draft ordinances have been considered and dropped for one reason or another.
On Wednesday, Cape Coral City Council gave City Manager Rob Hernandez its blessing to bring forward an ordinance to regulate mobile food vehicles in a manner similar Lee to County codes.
The code also would take food courts into consideration, as they have not been regulated in the city or by the county. Hernandez said some of those regulations would be similar to Bonita Springs.
City code currently does not address regulations for mobile food vendors as prior attempts to do so were unsuccessful.
HB1193, approved by the State Legislature in 2020, preempts most local regulation of food trucks. The city cannot ban mobile food vendors.
Draft regulations were first developed in August 2021 and redrafted in January 2022. In April, Council expressed satisfaction with the Lee County code.
Changes to the code as discussed include requiring that such businesses leave the site when not vending daily, prohibit tents, tarps, seating and permanent utility connections, a limit signs. Eleven of the 17 codes proposed are identical or adapted from Lee County’s code.
Mobile food courts would Require a “vending space” which is a designated location with utility connections for each truck, onsite parking — three per mobile food vendor proposed onsite, onsite bathrooms based on building code and a site plan and full improvements.
If an food truck violates the codes and is located within city property, including rights of way, police could warn or ticket. If on private property, code enforcement could issue citations or notice of violations to the offending food truck operator, the property owner, or both.
If Planning & Zoning approves the plan at its next hearing on Oct. 6, it can potentially move to the city council for two public hearings and a vote on Nov. 9, before a new Council takes over.
The proposed ordinance has an effective date 90 days after adoption to allow for communication and outreach to food truck operators who will need to come in compliance with the new regulations.
Councilmember Gloria Tate said there was no better time than the present to address the issue.
“It is truly getting out of hand downtown and the only thing I would add is a fine if food trucks don’t comply after 90 days,’ Tate said. “I’m truly ready to support this.”
In other business:
– Councilmember Keith Long brought forth a waterway navigation preservation ordinance to prevent boaters on canals or narrow waterways to park their boats illegally in a way to block navigation.
– City staff had updates to council on the GO Bond for city parks, public works and capital improvements, and reports on economic and business development, grants management and Fiscal year 2022 initiatives.
– An update on EnerGov permitting system was presented. Council was told that nearing the midway point of its 60-day Action Plan, everything staff has been tasked to do by that point have been completed.
The 2021 version of the EnerGov software is getting ready to launch with testing and further prep work. Staff also is preparing for the three-day focus session with the Cape Coral Construction Industry Association starting Sept. 19. In regards to staffing, nearly all the positions are in the process of being filled.
To reach CHUCK BALLARO, please email news@breezenewspapers.com