On council’s Monday agenda was the second reading of Ordinance 2249, which regulates food trucks and trailers in the city limits. Alderman Mickey Schneider, who has advocated for food trucks but stridently opposed this ordinance, was not as contentious but no less intransigent when it was time to discuss the ordinance.
She asked if anyone had been looking further into legalities regarding her objection to the restriction requiring food trucks and trailers to operate at least 100 ft. from any restaurant unless the restaurant owner gave permission.
Mayor Butch Berry answered that City Attorney Tim Weaver considers the ordinance to be okay.
Schneider again made her point that it was unfair in her view that restaurants can be side-by-side but a food truck, which is a mobile restaurant, must be 100 feet away.
Weaver stated the ordinance would withstand a judicial review, insisting cities have the right to regulate new land use, and the city considers food trucks a new land use, thus the reason for the ordinance.
“You’re showing bias,” Schneider responded.
Weaver said he could claim the ordinance shows a bias against his neighborhood because it does not allow a food truck to operate there. He reiterated his opinion the ordinance would stand up under a judicial challenge.
Alderman David Mitchell moved to put the ordinance on its second reading, and the vote to approve it was 4-1, Schneider voting No.