TO: Mayor and Commissioners
FROM: Lynn Gelin, City Attorney
DATE: November 17, 2026
Title
ORDINANCE NO. 41-26: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING CHAPTER 120, “OPERATION AND SALE OF FOOD FROM MOBILE FOOD TRUCKS,” BY REVISING AND CLARIFYING REGULATIONS RELATED TO THE OPERATION OF MOBILE FOOD TRUCKS; AUTHORIZING MOBILE FOOD TRUCKS IN THE CENTRAL BUSINESS (CBD) DISTRICT AS DEFINED HEREIN; ESTABLISHING A LIMITED-DURATION PILOT PROGRAM FOR THE OPERATION OF MOBILE FOOD TRUCKS IN CERTAIN ZONING DISTRICTS; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
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Recommended Action:
Recommendation
Motion to Approve Ordinance No. 41-26.
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Background:
At the June 2, 2026 City Commission Workshop, the City Commission directed staff to prepare amendments to the City’s mobile food truck regulations to accommodate the use more broadly. The City has limited authority to regulate food trucks due to state preemption. Nevertheless, in accordance with the authority granted under Section 509.102, Florida Statutes, the City desires to amend its mobile food truck regulations to expand the zoning districts wherein they are permitted to operate, expand their hours of operation, and clarify existing regulations. In addition, this Ordinance revises operational requirements related to where food trucks can park to ensure that pedestrian and vehicular circulation is not impeded.
City Attorney Review:
Approved as to form and legal sufficiency.