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HomeMy WebLinkAbout2021-08-8699ORDINANCE NO. 2021-08-8699 AN ORDINANCE AMENDING CHAPTER 46 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH TO CREATE ARTICLE V RELATED TO MOBILE FOOD VEHICLE INSPECTIONS WHEREAS, the City of Paducah wishes to encourage the operation of Mobile Food Vehicles in the City of Paducah and McCracken County to create new jobs, increase quality of life and diversify dining options; and and WHEREAS, it is important that all Mobile Food Vehicles be inspected for fire safety; WHEREAS, the McCracken County Fiscal Court wishes to partner with the City of Paducah to create one fire safety inspection for Mobile Food Vehicles operating in the City of Paducah and McCracken County to ensure the same standards are met by all Mobile Food Vehicles operating in McCracken County; and WHEREAS, in order to recuperate staff time costs for inspections performed by the Paducah Fire Prevention Division, it is necessary to create a fee associated with Mobile Food Vehicle inspections; and WHEREAS, the City now desires to amend certain sections of the Paducah Code of Ordinances to create a new article for Mobile Food Vehicle Inspections to reflect the addition. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby creates Article V Mobile Food Vehicle Inspections of Chapter 46 Fire Prevention & Protection of the Paducah Code of Ordinances as follows: ARTICLE V. MOBILE FOOD VEHICLE INSPECTIONS. Sec. 46-105. Title. This article shall be known and may be cited as the Mobile Food Vehicle Inspections Code. Sec. 46-106. Purpose and Intent It is the purpose of this article to implement a fee for the inspection of Mobile Food Vehicles operating within the City of Paducah and McCracken County Kentucky. Sec. 46-107, Definitions Definitions shall be consistent with those in Section 126-87(b) of the Code of Ordinances of the City of Paducah, Kentucky. Sec. 46-108. Inspection Required — City Mobile Food Vendors. Pursuant to Section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky, Mobile Food Vendors must obtain an inspection by the Paducah Fire Prevention Division in order to vend within the City limits. Said inspections shall be valid for one (1) calendar year from the date of issuance, unless the Mobile Food Permit is revoked. See. 46-109. Inspection Authorized — County Mobile Food Vendors. The Paducah Fire Prevention Division is hereby authorized and empowered to perform inspections for Mobile Food Vehicles which operate outside of City limits, but within McCracken County, as required by the McCracken County Fiscal Court. Said inspections shall be valid for one (1) calendar year from the date of issuance. Sec. 46-110. Inspection Fee. A fee of $50 is hereby established for each Mobile Food Vehicle inspection performed by the Paducah Fire Prevention Division for City and County Mobile Food Vendors. Further, each subsequent renewal inspection shall be at a fee of $50 per inspection. Sec. 46-111. Penalty. Failure to obtain a Paducah Fire Prevention Division inspection or renewal inspection for a Mobile Food Vehicle which operates within Paducah City limits may result in penalties as outlined in Section 126-87 of the Code of Ordinances of the City of Paducah, Kentucky. Penalties for those Mobile Food Vehicles operating outside of Paducah City limits shall be promulgated and enforced by the McCracken County Fiscal Court, SECTION 2. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 3. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and of its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with applicable legal requirements. SECTION 4. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 5. Effective Date. This Ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. George Bray, Mayor d ATTEST: I Lindsay Parish, City Clerk Introduced by the Board of Commissioners, July 27, 2021 Adopted by the Board of Commissioners, August 10, 2021 Recorded by the City Clerk, August 10, 2021 Published by The Paducah Sun, August 13, 2021 ord\46-105 Mobile Food Vehicle Inspections