PROCEEDINGS OF THE MEETING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT THE CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY, JULY 14, 2020.

Monthly budget-to-actual comparisons of the General Fund, Sales Tax Funds, Park and Recreation Fund, and Utility Funds were distributed to the Councilmen and Mayor.

Mayor Ricky Calais called the meeting to order, the Invocation and Pledge of Allegiance were recited.

PRESENT:      Scotty Borel, Ernest “E.J.” Ledet, Neil Melancon and Eddy Leblanc.

ABSENT:       Ryan Breaux

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the minutes of the June 9, 2020 City Council meeting were approved.

Upon motion of Neil Melancon duly seconded by Ryan Breaux and unanimously carried, the Board of Aldermen opened a Public Hearing on Ordinance #2264 (An ordinance to amend Chapter 20, Article II, Division 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the enactment of Section 20-81.6, relative to itinerant vendors of food trucks within city limits).

Planning and Zoning Director Amanda LeBlanc explained that this ordinance would amend the City’s ordinance on peddler’s licenses.  Prior to this amendment, the City had no regulations in place for food trucks.  

Upon motion of Neil Melancon, duly seconded by Scotty Borel and unanimously carried, and having no further input from the council or public, the Board of Aldermen closed the Public Hearing on Ordinance #2264.

Upon motion of Neil Melancon, duly seconded by Eddy LeBlanc and unanimously carried, the Board of Aldermen adopted Ordinance #2264 (An ordinance to amend Chapter 20, Article II, Division 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the enactment of Section 20-81.6, relative to itinerant vendors of food trucks within city limits).

ORDINANCE NUMBER  2264

            An ordinance to amend Chapter 20, Article II, Division 4 of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the enactment of Section 20-81.6, relative to itinerant vendors of food trucks within city limits.

            BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of July, 2020, that the Code of Ordinances for the City of Breaux Bridge, Louisiana, is hereby amended to add a new section to be numbered Section 20-81.6, which said section shall read as follows:

Chapter 20, Article II, Division 4.

Sec. 20-81.6 – Mobile Food Truck Peddlers; Additional Regulations.

(a)        In addition to the requirements, restrictions, regulations, fines and penalties set forth in Sections 20-81 through 20-81.5 for Peddlers, the following shall apply to Mobile Food Truck Peddlers, as such term is defined hereunder.

(b)        Mobile Food Truck Peddler means a Peddler who operates, and serves or distributes victuals from, a double-axle vehicle that is completely mobile with no permanent fixed location, the vendor of which prepares all or most of its victuals on board the vehicle to serve or distribute to customers (such preparation to be in conformity with all requirements of the state department of health and hospitals), in a form suitable for immediate ingestion or consumption. This definition excludes vendors selling only fresh, uncooked or unprepared produce or seafood, or farmers selling their own produce or value-added products (oils, jams, jellies, etc.) directly to customers from motor vehicles.

(c)        Additional Requirements for Occupational License.

(d)        In addition to all other applicable laws pertaining to permits and franchises, and the ordinances of the City of Breaux Bridge relating to Peddlers, all Mobile Food Truck Peddlers operating pursuant to this section shall also be subject to the following provisions:

(1)        All mobile food trucks shall be registered in the State of Louisiana. Any driver of a mobile food truck shall possess a valid Louisiana Driver’s License.

(2)        All Mobile Food Truck Peddlers shall comply with all applicable parking, traffic and vehicle safety laws, regulations and restrictions, but in no event shall any Mobile Food Truck Peddler remain in any one location for more than four hours, unless otherwise permitted by law.

(3)     No Mobile Food Truck Peddler shall operate within 20 feet of any intersection.

(4)     No Mobile Food Truck Peddler shall operate within 20 feet of any stop sign, flashing beacon, yield sign or other traffic control signal located on the side of a roadway.

(5)     No Mobile Food Truck Peddler shall operate within six feet of any public or private driveway, wheelchair ramp or bicycle ramp.

(6)     No mobile food truck shall be more than 26 feet in length or eight feet in width.

(7)     No Mobile Food Truck Peddler shall sell alcoholic beverages, controlled substances, or any other item the possession or use of which is deemed illegal under any federal, state or local law.

(8)     No Mobile Food Truck Peddler shall sell goods, wares or other items of merchandise other than victuals, which for the purposes of this section shall mean food of any kind that is prepared, packaged or in a form that is suitable for immediate ingestion or consumption by human beings. This definition excludes the selling of fresh produce or raw or cooked seafood sold in bulk or by weight that has not been prepared, packaged or served with other prepared foods as part of a menu item.

(9)     No Mobile Food Truck Peddler shall place any chairs, stools, tables or other fixtures, furniture or other obstructions on any portion of any public street, sidewalk or right-of-way.

(10)      All Mobile Food Truck Peddlers shall provide a trash receptacle within three feet of the front or back of the mobile food truck on the public street, which shall be large enough to contain all refuse generated by operation. The location shall be kept clean and free of trash and debris. All Mobile Food Truck Peddlers shall be responsible for cleaning all debris and refuse generated by such operation within a 50 foot radius of the mobile food truck upon ceasing operation. It shall be unlawful for any Mobile Food Truck Peddler to leave any location without first picking up, removing and properly disposing of all trash or refuse remaining at a location. Any trash, garbage, refuse or other debris generated by the Mobile Food Truck Peddler or relating to the operation of the Mobile Food Truck Peddler shall be disposed of at approved locations. Nothing contained herein shall permit the placement of a trash receptacle on any sidewalk or public right-of-way.

(11)   It shall be unlawful for any Mobile Food Truck Peddler to operate a mobile food truck in any manner that impedes the flow of vehicular or pedestrian traffic.

(12)   No Mobile Food Truck Peddler shall operate a mobile food truck in any manner that impedes the ingress or egress of a building or structure during its business/operating hours.

(13)   It shall be unlawful for any Mobile Food Truck Peddler to operate a mobile food truck that is in a defective, unsafe or unsanitary condition in violation of any applicable law or regulation.

(14)   No Mobile Food Truck Peddler shall operate any horn, sound amplification system, or other sound-producing device or music system which can be heard outside the mobile food truck when such mobile food truck is moving, stopped, standing or parked, or is being operated as allowed under this section.

(15)   No advertising shall be permitted on any mobile food truck, except to post prices and to identify the name of the product or name of the lawful Mobile Food Truck Peddler.

(16)  All Mobile Food Truck Peddlers must comply with all other applicable conditions and requirements imposed upon Mobile Food Truck Peddlers under the law, and must comply with all applicable city and state health laws and regulations and shall make such sales tax returns and other reports as required by provisions of the Code of the City of Breaux Bridge.

(17)   All Mobile Food Truck Peddlers shall immediately notify the Mayor or his designee if the state department of health and hospitals revokes a Mobile Food Truck Peddler’s ability to operate.

(18)      Mobile Food Truck Peddlers are not permitted to operate business during the annual Crawfish Festival.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that all other ordinances and provisions of the Code of Ordinances for the City of Breaux Bridge, Louisiana, that are in conflict with the provisions hereof are hereby declared to be repealed to the extent any such conflict exists.

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, that the provisions of this ordinance are hereby declared to be severable, and if any provision, word, phrase, or clause of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the validity of the remaining portions thereof           .

BE IT FURTHER ORDAINED by the Board of Aldermen for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 14th day of July, 2020, that this ordinance shall become effective immediately upon the signature of the Mayor.

            UPON MOTION of Neil Melancon seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:

  1. Introduced on June 9, 2020 at the regular meeting of the Mayor and Board of Aldermen for the City of Breaux Bridge, Louisiana;
  2. Disseminated to the Mayor and all Aldermen;
  3. Published, by title, in the official journal of the city of Breaux Bridge, Louisiana, together with the notice of the time and place of its consideration for formal adoption; and
  4. Presented at a public hearing held on the 14th  day of July, 2020, the Board of Aldermen, on the 14th day of July, 2020, adopted Ordinance Number 2264 by virtue of the following votes:

YEAS: Scotty Borel, Ernest Ledet, Neil Melancon, Eddy LeBlanc

NAYS:  None

ABSENT:  Ryan Breaux

ABSTENTIONS:  None

ATTEST:                                                                                APPROVED:

______________________                                                     ________________________

KRISTI LEBLANC,                                                                RICKY CALAIS,

CITY CLERK                                                                          MAYOR

DATE                                                                                      DATE

Upon motion of Eddy LeBlanc, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen introduced Ordinance #2265 (An ordinance to amend Chapter 6, Article II of the Code of Ordinances for the City of Breaux Bridge, Louisiana, by the repeal, amendment, revision, and/or re-enactment of 6-20, all relative to the adoption and promulgation of a fee schedule, an effective date thereof and all matters related thereto).

Upon motion of Neil Melancon, duly seconded by Scotty Borel and unanimously carried, the Board of Aldermen accepted the recommendation of Chief Cantu to promote Steven David from patrol officer to sergeant.

Upon motion of Neil Melancon, duly seconded by Ernest Ledet and unanimously carried, the Board of Aldermen accepted the recommendation of the Planning and Zoning Board to rezone the property abutting Bear Creek subdivision: a 27 acres of a 52-acre lot with mixed usage from Commercial-5 to Residential-2 along Rees Street Extension.

Upon motion of Ernest “E. J.” Ledet, duly seconded by Eddy LeBlanc and unanimously carried, the meeting was adjourned.

____________________________                ____________________________

          Kristi LeBlanc, CMC                                    Ricky J. Calais, Mayor