5.12.060   Mobile Food Vending Vehicle Operations.
Special requirements for mobile food vending vehicle operations shall apply as follows:
   A.   Equipment Requirements for Mobile Food Vending Operations. In addition to other equipment required by law, every mobile food vending vehicle shall be equipped with:
      1.   Signal lamps mounted at the same level and as high and as widely space laterally as practicable. These lamps shall be five (5) to seven (7) inches in diameter and shall display two (2) alternately flashing amber lights visible at five hundred (500) feet to the front and rear in normal sunlight upon a straight level street. The light output of each indicator shall not be less than five (5) candle power nor more than fifteen (15) candle power at any time;
      2.   A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured by the hood;
      3.   An audible warning device to indicate vehicle backing automatically activated and audible at a distance of one hundred (100) feet to the direct rear of the vehicle.
   B.   Use of Special Lights on Mobile Food Vending Vehicles.
      1.   The driver of a mobile food vending vehicle stopped on the street for the purpose of vending shall actuate the special amber flashing lights required by Subsection A.1. of this Section;
      2.   These lights 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.   Inspection Required. Every mobile food vending vehicle shall be inspected by the Chief of Police or designee once each year prior to its use in this City for the purpose of retail sales of frozen dairy products. The department shall inspect each mobile food vending vehicle to determine whether it complies with this Chapter and other state and local laws. Notice from the captain or designee shall be made to the business license officer prior to issuance of a City business license.
   D.   Vending Restrictions.
      1.   A person shall not vend within five hundred (500) feet of any property used as a grade school, junior high school or middle school, either public or private, from one (1) hour before the regular school day to one (1) hour after the regular school day; provided, this Subsection shall not apply on days when school is not attended by children or on school property when vending has been approved in writing by the principal.
      2.   A personal shall vend only when the vehicle is lawfully parked or stopped.
      3.   A person shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the right-of-way.
      4.   A person shall not vend to a person standing in the roadway.
      5.   A person shall not stop on the left side of a one-way street to vend.
      6.   A person shall not vend on a street unless there is a clear view of the mobile food vending vehicle for a distance of at least two hundred (200) feet in each direction.
      7.   A person shall not vend except during the period between thirty (30) minutes before sunrise and thirty (30) minutes after sunset.
      8.   A person shall not vend within five hundred (500) feet of any property used as a public or private park or playground.
   E.   Backing Restricted. The vendor shall not back up the vehicle on a public street to make or attempt a sale.
   F.   Unauthorized Riders Prohibited.
      1.   The driver shall not permit any unauthorized person to ride in or on the vehicle.
      2.   A person shall not ride in or on a mobile food vending machine unless employed by its owner or unless authorized in writing to do so by the owner or Police Department.
   G.   Exemption Authorized.
      1.   The Collector, with the concurrence of the Chief of Police or designee, may exempt from the requirements of this Chapter any mobile food vendor which is not used to vend to persons under twelve (12) years of age.
      2.   The special equipment, inspection and vending restrictions do not apply to vendors which do not vend to persons under twelve (12) years of age.
[Ord. No. 462, Section 3, 5/9/07.]