PROCEEDINGS OF THE MEETTING OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF BREAUX BRIDGE HELD AT CITY HALL, 101 BERARD STREET, AT 6:00 P.M. ON TUESDAY OCTOBER
8, 2024
Mayor Ricky Calais called the meeting to order, the invocation and the Pledge of Allegiance were
Recited.
Monthly budget-to-actual comparisons on the General Funds, Sales Tax Funds, Park and Recreation Fund and Utility Funds were distributed to the councilmen and Mayor.
Present: Scotty Borel, Albert Menard, Neil Melancon and Eddy Leblanc.
Absent: Ryan Breaux
Upon motion of Albert Menard, duly seconded by Neil Melancon and unanimously carried the minutes of the September 10, 2024 Mayor and Board of Aldermen meeting was approved.
Upon motion of Eddy LeBlanc, duly seconded by Albert Menard and unanimously carried, the Board of Aldermen authorized a project to install an 8 inch water line down Gary Drive from Champagne Boulevard to Doyle Melancon Extension, with an estimated cost of $350,000.00.
Upon motion of Albert Menard, duly seconded by Neil Melancon and unanimously carried, a public hearing was opened to discuss Ordinance 2306 ( An ordinance to amend Chapter 20 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and /or re-enactment Section 20-81.6 regarding the regulation of mobile food vehicle peddlers, and matters related thereto.)
Planning and Zoning Director Jeremy Broussard explained the changes in Ordinance 2306. The wording was changed in many places from truck to vehicle. He also added the cost of $200 for the permit. He also changed the operation window from 7 A.M. to 7 P.M.
Mayor Calais stated that they added Section 19. Now they needed to decide on the time limit to operate.
City Attorney Bart Hebert asked which section in the ordinance notes 4 hours of operation only?
Board of Alderman Neil Melancon questioned the hours from 7 A.M to 7 P.M.
Jeremy Broussard stated that there was a change from the 9 A.M. to 7 A.M. to accommodate the trucks that wish to serve breakfast.
Mayor Calais stated that the reason we have some restrictions is to protect the brick-and-mortar restaurants and coffee shops that are a permanent part of the community.
Jeremy Broussard stated that the hours of operation was already in the ordinance and if they wanted to change anything they could.
Alderman Albert Menard stated that as long as no one complains about it he would leave it the way it is. The only thing he wants to do is to make sure is that this ordinance does not have an impact on the Crawfish Festival.
City Attorney Bart Hebert discussed this issue with the Board of Aldermen and Mayor Calais to get the wording correct in the ordinance to protect Special events.
Jeremy Broussard discussed at length the other change in the ordinance in section 20, which regulates the number of Mobile Food Vehicles allowed on a lot at one time.
Alderman Neil Melancon discussed the number of Mobile Food Vehicles allowed to operate in Breaux Bridge. He would like to start with a low number.
Jeremy Broussard stated that he thinks 5 active Mobile Food Vehicles in a year would be a good number. They all discussed back and forth on this issue.
Alderman Eddy LeBlanc wanted to know the size of the “lot” that would be able to accommodate the truck or trucks.
Jeremy Broussard discussed the issues with having more than one per lot. This would fall in the Mobile Food Truck Park Ordinance, which has its own list of standards that would have to be met. He discussed the list of standards with the Board of Aldermen.
Alderman Neil Melancon wanted to know at the end of the year what happens if we have seven now would they have until January 31st? Or do they apply to this ordinance?
Jeremy Broussard discussed what happens once they sign the ordinance, a person has between December 31st to January 31st to renew their license. If they limit it to only 5, he only issues five licenses once we start the new year. First come First serve.
City Attorney Bart Hebert discussed with Alderman Albert Menard how he would word it in the ordinance for the Special Events, so that they would not be impacted by this ordinance.
Upon motion of Albert Menard, duly seconded by Eddy Leblanc and unanimously carried, the public hearing was closed.
Upon motion of Albert Menard, duly seconded by Eddy Leblanc and unanimously carried, Ordinance #2306 (An ordinance to amend Chapter 20 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment Section 20-81.6 regarding the regulation of mobile food vehicle peddlers, and matters related thereto.) was adopted with provisions for Special Events and to change the number from 10 to 7 Mobile Food trucks allowed to operate in Breaux Bridge in a year.
ORDINANCE NUMBER 2306
An ordinance to amend Chapter 20 of the Code of Ordinances, by the repeal, amendment, revision, enactment, and/or re-enactment Section 20-81.6 regarding the regulation of mobile food vehicle peddlers, and matters related thereto.
BE IT ORDAINED by the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana duly convened in regular session on the 8th day of October 2024, that:
The Code of Ordinances for the City of Breaux Bridge, Louisiana be amended by the repeal, amendment, revision, enactment, and/or re-enactment of Chapter 20 of the Code of Ordinance Section 20-81.6 regarding the regulation of mobile food vehicle peddlers, to read as follows:
Sec. 20-81.6 – Mobile Food Vehicle 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 Vehicle Peddlers, as such term is defined hereunder.
(b) Mobile Food Vehicle Peddler means a Peddler who operates, and serves or distributes victuals from, a vehicle or trailer 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 or trailer.
(c) Additional Requirements for Occupational License.
(1) No occupational license shall be issued until all requisite approvals by the state department of health and hospitals are finalized and received by the City of Breaux Bridge or its designee.
(2) Any occupational license that is issued to a Mobile Food Vehicle Peddler shall in each instance state the occasion for which it is issued and the date upon which it will expire. Occupational Licenses shall be issued on an annual basis and shall expire on December 31. Renewal applications shall be made by January 31. The occupational license shall be issued upon payment of $200.00. Nothing contained herein precludes the prorating of occupational license fees.
(3) The number of a Mobile Food Vehicle Peddler Occupational Licenses issued under this section shall at no time exceed seven (7) for the entire city.
(4) Mobile Food Vehicle Peddler Occupational Licenses shall be conspicuously displayed and affixed to the front windshield, lower comer, passenger side of the mobile food truck and be clearly visible from outside the mobile food Vehicle at all times during operation.
(5) At the time of application for, and prior to the issuance of, any Mobile Food Vehicle Peddler Occupational License pursuant to this section, each and every applicant shall provide written proof of commercial general liability insurance coverage. At the time of application for, and throughout the period of validity of, any Mobile Food Vehicle Peddler Occupational License issued to the applicant, the policy or policies must be in full force and effect and must be underwritten by a carrier licensed to do business in the State of Louisiana. Such insurance coverage shall provide liability coverage of not less than $500,000.00 for any and all claims against the applicant and/or the city arising out of or in any way connected to or associated with the Mobile Food Vehicle Peddler or any of its operations, including but not limited to bodily injuries, personal injuries, and injuries to property, and shall name the city as an additional insured. At the time of application for, and prior to the issuance of, any Mobile Food Vehicle Peddler Occupational License pursuant to this section, each and every applicant shall provide written proof of commercial vehicle insurance coverage in compliance with state law.
(6) The Mayor of the City of Breaux Bridge or his designee may prescribe such other policies and procedures as to the issuance of Mobile Food Vehicle Peddler Occupational Licenses as may be required to carry out the full intent and purpose of this section.
(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 Vehicle Peddlers operating pursuant to this section shall also be subject to the following provisions:
(1) All mobile food Vehicle shall be registered in the State of Louisiana. Any driver of a mobile food Vehicle shall possess a valid Louisiana Driver’s License.
(2) All Mobile Food Vehicle Peddlers shall comply with all applicable parking, traffic and vehicle safety laws, regulations and restrictions, but in no event shall any Mobile Food Vehicle Peddler remain in any one location for more than four hours, unless otherwise permitted by law.
(3) No Mobile Food Vehicle Peddler shall operate within 20 feet of any intersection.
(4) No Mobile Food Vehicle 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 Vehicle Peddler shall operate within six feet of any public or private driveway, wheelchair ramp or bicycle ramp.
(6) No mobile food Vehicle shall be more than 26 feet in length or eight feet in width.
(7) No Mobile Food Vehicle 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 Vehicle 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 Vehicle 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 Vehicle Peddlers shall provide a trash receptacle within three feet of the front or back of the mobile food Vehicle 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 Vehicle Peddlers shall be responsible for cleaning all debris and refuse generated by such operation within a 50 foot radius of the mobile food Vehicle upon ceasing operation. It shall be unlawful for any Mobile Food Vehicle 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 Vehicle Peddler or relating to the operation of the Mobile Food Vehicle 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 Vehicle Peddler to operate a mobile food Vehicle in any manner that impedes the flow of vehicular or pedestrian traffic.
(12) No Mobile Food Vehicle Peddler shall operate a mobile food Vehicle 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 Vehicle Peddler to operate a mobile food Vehicle that is in a defective, unsafe or unsanitary condition in violation of any applicable law or regulation.
(14) No Mobile Food Vehicle Peddler shall operate any horn, sound amplification system, or other sound-producing device or music system which can be heard outside the mobile food Vehicle when such mobile food Vehicle 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 Vehicle, except to post prices and to identify the name of the product or name of the lawful Mobile Food Vehicle Peddler.
(16) All Mobile Food Vehicle Peddlers must comply with all other applicable conditions and requirements imposed upon Mobile Food Vehicle 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 Vehicle Peddlers shall immediately notify the Mayor or his designee if the state department of health and hospitals revokes a Mobile Food Vehicle Peddler’s ability to operate.
(18) Mobile Food Vehicle Peddlers are not permitted to operate business during the annual Crawfish Festival.
(19) No Mobile Food Vehicle Peddler shall remain on permitted location or any other commercially zoned lot more than one (1) hour before being open or more than one (1) hour after being closed. Peddling shall be conducted only between the hours of 7:00 a.m. to 7:00 p.m.
(20) Only one Mobile Food Vehicle shall be allowed on a lot at a time other than a lot permitted for a Mobile Food Vehicle Park. Notwithstanding the foregoing, special event permits for limited duration may be issued by the City that permits Mobile Food Vehicles to operate in such locations and for such periods of time, only during the duration of such a special event, as the City deems appropriate.
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 Alderman for the City of Breaux Bridge, Louisiana, duly convened in regular session on the 8th day of October, 2024, that this ordinance shall become effective upon signature of the Mayor of the City of Breaux Bridge, Louisiana, the lapse of ten (10) days after receipt of the Mayor of the City of Breaux Bridge, Louisiana without signature or veto, or upon an override of a veto, whichever occurs first.
UPON MOTION of Albert Menard, seconded by Eddy LeBlanc, and upon verification and assurance that the foregoing ordinance was:
- Introduced on September 10, 2024, at the regular meeting of the Mayor and Board of Alderman for the City of Breaux Bridge, Louisiana;
- Disseminated to the Mayor and all Aldermen;
- 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
- Presented at a public hearing held on the 8th day of October 2024,
The Board of Aldermen, on the 8th day of October 2024, adopted Ordinance Number 2306 by virtue of the following votes:
YEAS: Scotty Borel, Albert Menard, Neil Melancon, Eddy LeBlanc
NAYS: None
ABSENT: Ryan Breaux
ABSENTIONS: None
ATTEST: APPROVED:
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KRISTI LEBLANC, RICKY CALAIS,
CITY CLERK MAYOR
______________________ ________________________
DATE DATE
Upon motion of Albert Menard duly seconded by Scotty Borel and carried, the rezoning was introduced on six lots located on Grant Street, Parcel ID 0601L2230, 06901L2223, 06901L2021, 06901L2020, 06901L1919 and approximately 60 feet of 06901L1615 from R-1, Single family residential, to 1-2, Heavy Industrial District. Alderman Neil Melancon recused himself from discussing the issue and voting due to this being family property.
Upon motion of Albert Menard duly seconded by Eddy LeBlanc and unanimously carried, the meeting was adjourned.
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Kristi LeBlanc, CMC Ricky J. Calais
City Clerk Mayor
