Loading...
HomeMy WebLinkAboutCC ORD 1996-2127 Adds § 9.06.115, ice cream trucks (9.06)ORDINANCE NO. 9 6-212 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING SECTION 9.06.115 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING TO THE REGULATION OF ICE CREAM TRUCKS BE IT ORDAINED by the City Council of the City of National City that Section 9.06.115 is hereby added to the National City Municipal Code, to read as follows: 9.06.115 Ice Cream Trucks -- Regulations. For purposes of this Section, "ice cream truck" shall mean any motor vehicle requiring a license from the California Department of Motor Vehicles from which is sold, given away, displayed or offered for sale, at retail, any frozen dairy or water -based food products, in addition to other prepackaged food products. In addition to the provisions of this Chapter applicable to prepared food vending vehicles (as defined in Section 9.06.010(A)), ice cream trucks shall be subject to the following provisions: A. Place of Operation -- Stopping. 1. Sales from ice cream trucks shall be limited to streets that have speed limits of thirty (30) miles per hour or less. 2. No sales shall be made while an ice cream truck is parked within seventy-five (75) feet of any intersection with any public street or streets as measured along the traveled way. 3. No sales shall be made from an ice cream truck which is within two hundred (200) feet of another ice cream truck which has already stopped to vend. 4. An ice cream truck's standard warning flashers shall be in operation immediately upon the truck stopping to vend and cease operation as the truck begins to move after vending. B. Hours of Operation. Sales from ice cream trucks shall be limited to the hours of 10:00 a.m. to 7:00 p.m. or one-half hour after sunset, whichever occurs first. Continued on Page Two Ordinance No. 96-2127 Page 2 of 4 C. Noise Restrictions. 1. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary. 2. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after 7:00 p.m. or one-half hour after sunset, whichever occurs first. 3. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner as to create a violation of any of the provisions of Title 12, "Noise Control." D. Restrictions on Riders. 1. No one other than one driver and one additional person shall be allowed to ride on an ice cream truck that is in operation. The additional person may be: a. An employee of the ice cream truck business owner, if said employee is an individual other than the driver, b. The ice cream truck business owner if the owner is an individual other than the driver, or c. A trainee. E. Vehicle Inspection; Certification. 1. All ice cream trucks shall be inspected by the City Engineer or his/her designee, who shall notify the Finance Department of the results of the inspection. 2. Upon successful completion of the ice cream truck inspection, the ice cream truck business owner shall apply to the Finance Department for certifica- tion. It shall be unlawful for an ice cream truck business owner who does not have a current, valid certification issued by the Finance Director or his/her designee to operate an ice cream truck on City streets. Continued on Page Three Ordinance No. 9 6 - 212 7 Page 3 of 4 3. The ice cream truck business owner shall biennially present each ice cream truck for inspection by the City Engineer or his/her designee, and certification by the Finance Director or his/her designee. 4. At or prior to the time of the inspection, the ice cream truck business operator shall present payment of the certification fees as set forth by the Schedule of Fees established by City Council Resolution. 5. The ice cream truck business operator shall maintain each ice cream truck in such condition that: a. All doors, windows, hood and trunk shall open and close securely; b. The inside of the ice cream truck shall be clean and free of litter and trash; c. There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash; d. The exterior of the ice cream truck shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five (5) feet or more from the truck; e. Advertising decals and price lists shall be placed only on the vending side of ice cream trucks and shall use a maximum area of twenty four (24) square feet. 6. The ice cream truck business owner shall have and maintain in clean operating condition on each ice cream truck, the following safety equipment: a. Signs painted or mounted on the front and back of each truck using black four (4) inch tall letters on a yellow background with a black one (1) inch border around each sign. The sign on the front and back of each truck shall read "CHILDREN CROSSING" and be eight (8) inches high by forty eight (48) inches wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read "WARNING" in English and Spanish using the same size letter and paint requirements. Continued on Page Four Ordinance No. 96-2127 Page 4 of 4 b. Standard warning flashers. c. Any other safety equipment required by the California Vehicle Code. 7. The Finance Director or his/her designee shall affix a suitable certificate on each certified truck, identifying the truck as having successfully passed vehicle inspection. 8. Each business owner shall maintain an identification number, provided by the Finance Director or his/her designee, painted on the sides and back of each ice cream truck. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of ten (10) feet. PASSED and ADOPTED this 26 th day of November , 1996. ,fie L`5 George�aters, Mayor ATTEST: Lo Anne Peoples, Cit Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 26, 1996, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City Cl- k of the City of National Ci , California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on November 12, 1996 and on November 26, 1996. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 96-2127 of the City Council of the City of National City, passed and adopted by the Council of said City on November 26, 1996. City Clerk of the City of National City, California By: Deputy