DIVISION 2. - ICE CREAM VENDORS


Sec. 17-99. - Definitions.

For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them in this section:

Ice cream. The term "ice cream" shall mean and include ice cream, ice milk, frozen custards, sherbets, water ices and related foods and other similar products and those products manufactured or sold in semblance to or as substitutes therefor.

Ice cream vendor. The term "ice cream vendor" shall mean any person who shall go upon the streets and ways of the city to sell ice cream.

Vehicle. The term "vehicle" shall mean any device in, upon or by which any person or property is or may be transported or drawn upon a street or public way.

(Ord. No. 417, § 1; Code 1961, § 21A-1)

Sec. 17-100. - Food handler's card required.

It shall be unlawful for any ice cream vendor to sell or dispense any ice cream on a street or other public way, unless such vendor has a valid food handler's card issued pursuant to Article III of this chapter. A violation of this section shall constitute a Class 4 misdemeanor.

(Ord. No. 417, § 4; Code 1961, § 21A-5)

Sec. 17-101. - Vendors' vehicles—Signs and lamps.

In addition to the requirements of Chapter 26 of this Code, every vehicle used by ice cream vendors in dispensing or selling ice cream shall have the following equipment thereon and in operation:

(1)

A sign indicating "Frequent Stops" on the front and back of the vehicle, which shall be readable at a distance of one hundred (100) feet therefrom.

(2)

A sign indicating "Caution Children" on the front and back of the vehicle, which shall be readable at a distance of one hundred (100) feet therefrom.

(3)

Three (3) amber clearance lamps, twelve (12) inches apart, in a bar across the top of the vehicle, designed in such a manner as to show amber light to the front only, such lights to be visible a distance of five hundred (500) feet therefrom.

(4)

Three (3) red clearance lamps, twelve (12) inches apart, in a bar across the top of the rear of the vehicle, designed in such a manner as to show red light to the rear only, such lights to be visible a distance of five hundred (500) feet therefrom.

(Ord. No. 417, § 2; Code 1961, § 21A-2)

Cross reference— Motor vehicles and traffic, Ch. 26.

Sec. 17-102. - Same—Insurance.

Every person operating an ice cream vendor's vehicle shall, before operating such a vehicle within the city, secure, file and maintain with the city manager, or his designated representative, a current policy of insurance issued by a company authorized to do business in the state, in a form to be approved by the city attorney, providing liability coverage on such vehicle in the sum of at least fifty thousand dollars ($50,000.00) for bodily injury to or death of one (1) person and one hundred thousand dollars ($100,000.00) for bodily injury to or death of more than one person in any one (1) accident, and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one (1) accident.

(Ord. No. 417, § 5; Code 1961, § 21A-4: Ord. No. 2887-82)

Sec. 17-103. - Same—Operating regulations.

All drivers or operators of an ice cream vendor's vehicle shall comply with the following:

(1)

There shall be no operation of such vehicle after 10:00 p.m.

(2)

Such vehicle shall not be stopped to dispense or sell products therefrom on any street or public way having a speed limit above twenty-five (25) miles per hour.

(3)

Such vehicle shall not be parked on any street when the operator is not engaged in dispensing or selling products therefrom.

(4)

When stopping to dispense or sell products, the driver shall pull such vehicle to the curb of the street or shoulder of the road or public way and cut off the motor of such vehicle, except when the operation of the motor is necessary for producing the product. Such stop shall not be made within one hundred (100) feet of an intersection.

(5)

The only noisemaking device to attract customers which may be used on the vehicle shall be a bell. Reasonable use of such bell shall be made when the vehicle is in motion or while stopped. Continuous ringing of the bell for more then four (4) seconds at a time is prohibited.

(Ord. No. 417, § 3; Code 1961, § 21A-3)

Sec. 17-104. - Same—Violation of section 17-101, 17-102 or 17-103.

A violation of section 17-101, 17-102 or 17-103 shall constitute a Class 3 misdemeanor.

(Ord. No. 417, § 6; Code 1961, § 21A-6)