(a) Licensing. It is unlawful for any person to act as an ice cream street vendor as defined by Section 5-201(f) without first having obtained a license as provided for in Section 5-202 of this chapter.
(b) Operating Regulations.
(1) Liability Insurance. There shall be filed with the city clerk a certificate of insurance covering all vehicles operated under this article in such form as the city clerk may deem proper, issued by an insurance company approved by the state insurance commissioner and authorized to do business in the state, insuring the public against injury, loss or damage resulting to persons or property from the use, maintenance and operation of any vehicle operated under this article for which such permit is granted, in an amount of not less than fifty thousand dollars ($50,000.00) for injury to any one (1) person and an amount of not less than one hundred thousand dollars ($100,000.00) for injury to all persons injured in any one (1) occurrence; and property damage not less than ten thousand dollars ($10,000.00) per each occurrence; and
(2) Operator’s License Required. No person, other than the authorized operator of a vehicle and other persons expressly authorized by the owner or lessee of a vehicle shall be in or upon said vehicle.
(3) Unauthorized passengers. No person, other than the authorized operator of a vehicle and other persons expressly authorized by the owner or lessee of a vehicle, shall be in or upon said vehicle.
(4) Inspection of Vehicle. Each vehicle used in the operation of an ice cream street vendor shall be required to pass an annual inspection by the appropriate state or local health agency and the department of general services before a license may be issued or renewed. Any vehicle that has been inspected by the city within ninety (90) days prior to renewal need not be re-inspected.
(5) Hours of Sale. It is unlawful to operate a vehicle in the business of an ice cream street vendor between 8:30 p.m. of each day and continuing until 10:00 a.m. the following day.
(6) Routes. It is unlawful for any vendor to sell or attempt to sell along any particular route more than three (3) times during a twenty-four period.
(7) Sales Near Schools. It is unlawful for a transaction to occur within one hundred twenty-five (125) feet from the boundaries of public or private school property for a period commencing thirty (30) minutes before the regular school day of any such school and continuing until thirty (30) minutes after the adjournment of the regular school day of any such school.
(8) Speed of Vehicle. It is unlawful for any such vehicle to exceed a speed of fifteen (15) miles per hour when cruising neighborhoods seeking sales or when attempting to make a sale.
(9) U-Turns. It is unlawful for any such vehicle to make au-turn on any block.
(10) Driving Backwards. It is unlawful for any such vehicle to drive backwards to make or attempt any sale.
(11) Sound Devices. No sound device or bell shall be allowed or used by any such vehicle except that amplified music or chimes are allowed provided that such are not audible any distance greater than three hundred (300) feet and that they be turned off when he vehicle is stationary for the purpose of making sales or otherwise; provided, that the use of amplified music or chimes is prohibited before 10:00 a.m. and after 8:30 p.m. of each day.
(12) Marking and Lighting on Vehicle. It is unlawful for any such vehicle to be operated unless there is clearly marked upon such vehicle a prominent sign visible to both front and rear with the wording “Caution Children,” and one or more flashing amber caution lights visible from front, rear and both sides.
(13) Parking to Dispense Products. It is unlawful for an operator to stop, stand or park such vehicle in any street, alley, avenue, boulevard or sidewalk or other public right-of-way for the purpose of dispensing its products to customers, so as to obstruct the free flow of traffic in the street; provided that an operator may stop, stand or park such vehicle with its right wheels next to the curb, but that no vehicle will remain standing in any one location for a period exceeding ten (10) minutes.
(14) Selling Near an Intersection. It is unlawful for the operator of any such vehicle to dispense its products within fifty (50) feet of any street intersection.
(15) Vehicle Stationary During Sale. Every vehicle shall be stationary while in the process of selling or dispensing its products while upon a public street, alley, avenue, boulevard or other public right-of-way within the city.
(16) Sales from Vehicle. It is unlawful for any operator to sell to any person who is standing in the street. All sales must occur on the side of the vehicle next to the curb.
(17) It is lawful to dispense products in city parks, provided that it is unlawful for any such vehicle to operate or to dispense products while located within two hundred fifty (250) feet of the municipal swimming pool.
(c) Suspension, Revocation, Appeals.
(1) Permit and License Suspension or Revocation. Any permit or license issued under this chapter may be revoked or suspended by the city clerk, after notice and hearing, for any of the following reasons:
(A) Fraud, misrepresentation or false statement contained in the application for a permit or license;
(B) Fraud, misrepresentation or false statement made by the permittee in the course of peddling, soliciting or vending;
(C) Peddling, soliciting or vending in violation of this chapter or contrary to the provisions contained in the permit or license;
(D) Conviction for any crime involving moral turpitude; or
(E) Peddling, soliciting or vending in such a manner as to create a public nuisance, constitute a breach of the peace, endanger the health, safety or general welfare of the public, or otherwise, in violation of local, state or federal law. The city clerk may immediately suspend any permit or license, pending the suspension or revocation hearing, if the public health safety or welfare is best served by such a temporary suspension.
(d) Notice and Hearing. Notice of a hearing for suspension or revocation of a permit or license issued pursuant to this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed suspension or revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee or licensee at the address shown on the permit application or at the last known address of the permittee or licensee.
(e) Appeals.
(1) Any person aggrieved by the decision of the city clerk to deny a permit or license applied for under this article shall have the right to appeal the decision to the city Mayor within ten (10) days after the notice of the decision has been mailed to the person.
(2) Any person aggrieved by the action or decision of the city Mayor to deny, suspend or revoke a permit applied for under this article shall have the right to appeal such action or decision to the City Council within ten (10) days after the notice of the action or decision has been mailed to the person.
(3) An appeal to either the city Mayor or City Council shall be taken by filing with the city clerk a written statement setting forth the grounds for the appeal.
(4) A hearing shall be set not later than ten (10) working days from the date of receipt of the appellant’s written statement.
(5) Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
(6) The decision of the City Council on the appeal shall be final and binding on all parties concerned.
(f) Penalty. Unless otherwise stated, any person violating any of the provisions of this chapter is guilty of a misdemeanor unclassified violation, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00).
(Ord. 682; Code 2016)