§ 2-19-22. Ice cream truck inspections.

Beginning April 1, 2008, no vending activities shall occur from any ice cream truck unless and until such ice cream truck has been inspected and certified to ensure the vehicle complies with the requirements of this section and other applicable regulations.

(a)

Inspection. The required inspection shall be completed by the sheriff's office, which shall establish standard procedures by which such inspections are completed.

(b)

Fee. Any fee for inspections required pursuant to this subsection shall correspond to the costs of inspection, shall be established by resolution of the board of county commissioners, and shall be retained by, or an equivalent amount budgeted for, the sheriff's office. If no such resolution is enacted, there shall be no fee.

(c)

Equipment requirements for ice cream trucks. In addition to all other equipment required by law, every ice cream truck engaged in vending activities in the county shall be equipped with:

(1)

Signal lamps. Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be at least five (5) inches in diameter and shall display two (2) alternately flashing amber lights visible from a distance at least five hundred (500) feet to the front and rear in normal sunlight upon a straight level highway.

(2)

Signal arm. A signal arm that can be extended horizontally from the left side of the vehicle. This arm shall be yellow with black lettering and contain two (2) alternately flashing amber lights three to five inches in diameter and visible at three hundred (300) feet to the front and rear of the vehicle in normal sunlight upon a straight level highway. The bottom of the signal arm shall be no less than forty-two (42) inches above the highway upon which the vehicle stands. An example of the design, size, and specifications for such a signal arm is shown on Figure 1, below.

Signal Arm

(3)

Exterior mirrors. Each ice cream truck shall be equipped with a system of exterior mirrors meeting the following requirements:

a.

A front-view mirror system providing the driver, while seated in the driver's seat, with indirect vision of the blind spot otherwise obscured by the hood and fenders of the vehicle. The front-view mirror system shall allow the driver of an ice cream truck to see any persons or objects across the entire width of the vehicle from ground level up and from the front wheels forward to the point where the driver can see by direct vision.

b.

A rear-view mirror system providing the driver, while seated in the driver's seat, with indirect vision of the area directly behind the vehicle. The rear-view mirror system shall allow the driver to see any persons or objects across the entire width of the vehicle from ground level up to a height of thirty-six (36) inches and from the rear wheels back to a point at least thirty-six (36) inches directly behind the center of the vehicle.

c.

A side-view mirror system providing the driver, while seated in the driver's seat, with indirect vision of the right and left sides of the vehicle. The side-view mirror system shall allow the driver to see any persons or objects along the entire side of the vehicle from ground level up and to a distance at least two hundred (200) feet to the rear of the vehicle. The side-view mirror system shall cover the entire area from that covered by the front-view mirror system to that covered by the rear-view mirror system, and together with the front-view and rear-view mirror systems, the side-view mirror system shall allow the driver to view the areas around the right and left front and rear corners of the vehicle from ground level up to a height of thirty-six (36) inches or to the point where the driver can see by direct vision, whichever is lower.

d.

Alternatively, to the above-described mirror(s), video camera(s) that allow the driver, while seated in the driver's seat, to view the identical spaces and areas required to be visible in the respective mirror(s) described above, which video camera(s) shall have a display area of adequate size, not less than three (3) inches by three (3) inches, to allow a child within the field of vision to be easily discernible to the driver.

(4)

Warning signs. Signs or decals on both the front and the rear of the vehicle containing the words "ICE CREAM TRUCK" and "SLOW CHILDREN CROSSING" in lettering at least six (6) inches in height and visible from a distance at least three hundred (300) feet to the front and rear in normal sunlight upon a straight level highway.

(5)

Identification signs. A sign or decal on each of the driver and passenger sides of the vehicle containing the name, business address, and telephone number of the owner of the ice cream truck in contrasting lettering at least two (2) inches in height.

(6)

Parental warning signs. A sign or decal on each of the driver and passenger sides of the vehicle containing the words "PARENTS: PLEASE WATCH YOUR CHILDREN AND KEEP THEM SAFE" in contrasting lettering at least six (6) inches in height.

(7)

Exhaust system. An exhaust system which complies with Section 316.272, Florida Statutes, as amended.

(8)

Audible reverse warning device. An audible reverse warning device that automatically emits a beeping sound when the vehicle's transmission is in "reverse".

(9)

Fire extinguisher. A minimum five (5) pound "ABC" type fire extinguisher with a current inspection certificate.

(d)

Insurance required. In addition to complying with any other insurance requirements imposed by law, the owner of an ice cream truck to be operated in the county shall procure and maintain a liability insurance policy for the vehicle issued by an insurance company authorized to do business in the State of Florida and providing for at least fifty thousand dollars ($50,000.00) per occurrence in combined bodily injury liability insurance and property damage liability insurance.

(1)

Such insurance shall be maintained at all times while the ice cream truck is being used for vending activities within the county.

(2)

Proof of insurance shall be kept in the ice cream truck for which it was issued while any vending activities are occurring and shall be produced upon demand of any law enforcement officer or code enforcement officer.

(e)

Cleanliness of vehicle. The interior and exterior of an ice cream truck, including all equipment therein, shall be kept clean and sanitary and maintained in good repair at all times. The vehicle must have a trash receptacle to dispose of all litter that is generated from products sold from the ice cream truck.

(f)

Expiration and reinspections. A certificate issued pursuant to this subsection shall expire one year from the date of issuance. Reinspections shall be handled in the same manner as initial inspections.

(g)

Inspection certificate automatically voided. An inspection certificate shall be automatically deemed void should the vehicle owner fail to maintain the standards for approval at any time prior to the certificate's expiration.

(h)

General terms applicable to all inspected ice cream trucks.

(1)

Issuance of an inspection certificate for an ice cream truck shall not relieve any ice cream truck operator of meeting the operator permit requirement.

(2)

An inspection certificate shall be vehicle-specific and nontransferable.

(3)

The original inspection certificate shall be kept in the ice cream truck for which it was issued while any vending activities are occurring and shall be produced upon demand of any law enforcement officer or code enforcement officer. In addition to the original inspection certificate, the sheriff may issue a decal to be affixed to the vehicle evidencing its successful inspection and indicating the month and year by which the vehicle must be reinspected.

(4)

Copies of all inspection certificates shall be retained by the county administrator or his or her designee and by the sheriff's office.

(5)

The requirements of this subsection are in addition to any and all legal requirements imposed by the federal, state, and/or local government for motor vehicles, and particularly for ice cream trucks.

(Ord. No. 07-74, § 2, 9-25-07)