City Code: 406:0

Section 406 Ice Cream Vendors

Section 406:01. Definitions. As used in this ordinance, the following terms shall have the meaning ascribed to them:

(a.) "Ice cream vending vehicle" means every motor vehicle in which ice cream, popsicles, ice sherbets, frozen desserts of any kind or other confections are carried for the purposes of selling at retail sale on the city streets.

(b) "Vend" or "vending" means offering ice cream, popsicles, ice sherbets, frozen desserts or other confections for sale from a motor vehicle on the city streets.

(c) Operator includes any person, firm or corporation who owns, leases, contracts or in any other fashion permits a person to operate upon the city streets any ice cream vending vehicle for the purpose of vending, or the person driving or operating any such vehicle.

Section 406:02. License Required.

Subdivision l. No operator shall vend from an ice cream vending vehicle while on the public streets of the City unless a license to do so is obtained from the City. The fee for an annual license shall be in an amount as established by the City Council from time to time. Upon payment of the fee and issuance of the license, the Operator shall be entitled to vend from one such vehicle for the period of April I to March 31 of the following year. For each additional individual vehicle utilized by an operator, an additional license fee shall be established by the City Council and paid.

Subdivision. 2. The City Administrator shall issue an identification tag for each vehicle licensed hereunder which shall be displayed by the operator on the left rear portion of the vehicle.

Section 406:03. Insurance.

(a) No license shall be issued hereunder to an operator unless a certificate is furnished to the City showing that the operator is carrying the following minimum amounts of insurance: public liability insurance, including automobile liability insurance, in the amount of not less than $500,000 for personal injury, death or property damage resulting from any one occurrence, combined single limit.

(b) A certificate naming the City as an additional insured shall contain an acknowledgement signed by the insurer that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Administrator by said insurance company.

Section 406:04

Section 406:04. Equipment Required for an Ice Cream Vending Vehicle. In addition to other equipment required by law, every such vehicle shall be equipped with:

(a) Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be of a size approved by the Owatonna Police Department. These lamps shall display two alternately flashing yellow lights on the front and two alternately flashing yellow lights on the rear of the vehicle. Both lights must be visible at five hundred feet in normal sunlight upon a straight level street;

(b) A convex mirror mounted on the front so the operator in his normal seating position can see the area in front of the vehicle obscured by the hood; and,

(c) An audible alarm which is activated when the vehicle is in motion backwards.

Section 406:05. Use of Special Lights. The operator of an ice cream vending vehicle while stopped on a street for the purpose of vending shall actuate the special flashing lights required by section 406:04 of this code. The lights shall not be used when the vehicle is in motion nor at any time the vehicle is stopped for a purpose other than vending.

Section 406:06. Inspection. Every ice cream vending vehicle shall be inspected by the police department once each year prior to its use in the city for the purpose of determining whether it complies with this ordinance and other state and local laws. In addition, said vehicle shall be inspected by the State Health officer to determine compliance with any law relating to the sale of food products.

Section 406:07. Training of Operators. An applicant for a license shall provide a description with his application for license of any operator training program, including documentary material used in said program.

Section 406:08. Restrictions on Vending Activity.

(a) An operator shall vend only when the ice cream vending vehicle is lawfully stopped.

(b) An operator shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or side of the street.

(c) An operator shall not vend to any person standing in the roadway.

(d) An operator shall not stop on the left side of a one-way street to vend.

(e) The operator of any ice cream vending vehicle which traverses the streets of the city for the purpose of vending shall submit to the city engineer of the city prior

Section 406:09

to April 1 of each year hereafter a detailed listing of the streets on which vending is planned to occur. The City engineer shall approve or disapprove of the use of any such street or streets for that purpose within thirty days thereafter. In making said determination, the city engineer shall take into consideration factors such as the classification of the street, the amount and character of the traffic carried thereon, and any special hazards to the public which may be created by permitting vending activity thereon. A street not approved by the city engineer shall not be utilized by said operator for vending.

(f) The operator shall not drive on any permitted street more than one time between 9:00 a.m. and noon. The operator shall not drive on any permitted street more than one time between noon and 8:00 p.m.

(g) An operator shall not vend on a street within or immediately adjacent to any park or public facility maintained by the department of park and recreation, nor in the central business district of the city.

(h) No vending activity shall occur between the hours of 8:00 p.m. and 9:00 a.m. the day following.

(i) An operator shall not vend in a single location for a period to exceed 15 minutes. For purposes of this subsection, a single location shall be deemed to be a place 500 feet or more from the last sale.

Section 406:09. Sound Amplification Devices. No operator while vending shall use a sound amplification device playing music or emitting other sound, or a bell or horn, any of which is audible for a distance of more than 500 feet from the vehicle. No such device shall be used within 500 feet of any church or place of worship, hospital, or courthouse.

Section 406:10. Backing of Ice Cream Vending Vehicle Restricted. The operator of an ice cream vending vehicle shall not back up the same to make or attempt a sale.

Section 406:11. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be guilty of a penal offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

City Code Index