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Planning commission approves UDO edits to align Jenks with Food Truck Freedom Act
Summary
Commissioners approved updates to Articles 3, 5 and 11 to conform Jenks code to the state Food Truck Freedom Act, removing some local restrictions on food trucks but retaining the city's authority to address encroachment, nuisances and enforce fire and health requirements.
The Jenks Planning Commission voted unanimously to update portions of the Unified Development Ordinance so local food truck rules align with the state Food Truck Freedom Act enacted in 2025.
Planning staff explained the law prevents municipalities from treating food trucks differently from brick-and-mortar restaurants. "The Food Truck Freedom Act says you can't differentiate between a restaurant on wheels or brick and mortar," Miss Hilton said, and staff therefore removed provisions that would have restricted food trucks where restaurants are allowed by right. The draft retains food truck courts as a permitted use where appropriate and continues to require health and fire inspections.
Commissioners and members of the public asked how the statute affects downtown parking, whether food trucks must be on private property and whether the city can limit the number of trucks at a given private site. Hilton said food trucks must operate where a restaurant could locate (zoning permitting) and ordinarily must be on property with the owner's permission; the city cannot generally prohibit trucks on private property if the zoning and ownership allow it. The city can, however, act if trucks encroach into the right of way, create a nuisance, or violate fire/health rules.
Residents raised concerns that private parking behind downtown buildings could be used by food trucks, reducing public parking for local businesses. Hilton and other staff said they considered requiring a municipal permit or fee but decided against it because the state law limits restrictive local permitting, permit fees would be difficult to justify administratively, and staff capacity is limited. City staff said they will monitor for problems and can revisit the rules if nuisance or safety issues emerge.
Speaker 9 moved to approve the UDO updates; Speaker 3 seconded. The roll-call vote was unanimous in favor and the amendments passed. The changes will be forwarded to Jenks City Council for final adoption and any further legal review.
