§ 2-19-24. Operating restrictions.

Beginning April 1, 2008, an ice cream truck shall not be operated in violation of the following restrictions:

(a)

An ice cream truck operator shall:

(1)

Not vend before 10:00 a.m. or after sunset;

(2)

Not vend on public roads where the speed limit exceeds thirty (30) miles per hour;

(3)

Vend only at locations where the view of the roadway is clear and unobstructed for at least two hundred (200) feet both ahead of and behind the vehicle;

(4)

Not vend within five hundred (500) feet of any property used as a school from one hour before the start of the regular school day to one hour after the end of the regular school day; except on days when school is not attended by children or when such vending occurs on school property pursuant to the written approval of the school's principal or other chief administrator;

(5)

Vend only when the ice cream truck is lawfully parked or stopped pursuant to this section and all other applicable laws;

(6)

Vend only from the side of the truck away from moving traffic and as near as possible to the curb or edge of the public road;

(7)

Not vend to a person standing in the roadway; and

(8)

Not stop on the left side of any public road to vend or attempt to vend.

(b)

The operator of an ice cream truck that is stopped on a public road for the purpose of vending shall actuate the signal lamps and extend the "Slow Children Crossing" signal arm required by section 2-19-22(c)(1) and (2). Such lights and signal arm shall not be used when the truck is in motion nor at any time the truck is stopped for a purpose other than vending.

(c)

An ice cream truck operator shall not back the truck during or immediately following any vending activities or when there is a child within fifty (50) feet behind the vehicle.

(d)

Sound amplification, if used, shall be restricted to the playing of nonvocal music, shall not be used while the vehicle is stopped or parked, shall not be audible at a distance exceeding five hundred (500) feet, and shall not be used within five hundred (500) feet of hospitals, schools, or churches or other houses of worship.

(Ord. No. 07-74, § 2, 9-25-07)