(a) The special provisions set for this section shall apply to roadway food vendors and shall be in addition to other provisions found elsewhere in city code. A roadway food vendor shall:
(1) Vend only when the motor vehicle is lawfully stopped;
(2) Vend only from the side of the motor vehicle that is positioned away from moving traffic and as near as possible to the curb or side of the street;
(3) Not vend to a person standing in a roadway;
(4) Not stop on the left side of a one-way street to vend;
(5) Not stop in a congested area where vending might impede or inconvenience the public;
(6) Not back up, do a U-turn, or reverse a motor vehicle for the purpose of vending;
(7) Not vend on a street adjacent to a public school;
(8) Activate the special flashing lights required subsection (c)(4) of this section whenever stopped on the street for the purposes of vending;
(9) Not activate the required flashing lights if not stopped on the street for the purpose of vending;
(10) Extend the required stop signal arm required by subsection (c)(6) of this section whenever stopped on the street for the purpose of vending;
(11) Not extend the required stop signal arm when the motor vehicle is in motion nor at any time the motor vehicle is stopped for a purpose other than vending;
(12) Not stop a motor vehicle for the purposes of vending within 100 feet of a street intersection;
(13) Not be in operation, doing business, or going from place to place after sunset or before 9:00 a.m. or after 8:00 p.m.
(b) Conclusive police judgment. For the purposes of this section, the judgment of a police officer exercised is good faith shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced or a stop is for a temporary or stationary period of time.
(c) Operator and vehicle requirements. An operator shall comply with the following requirements:
(1) The operator shall comply with all permitting requirements as a peddler or food service establishment unless modified or amended by the provisions of this section;
(2) No permit shall be issued to an operator unless a certificate is furnished to the chief of police establishing that the operator is insured for the following amounts:
a. Public liability insurance in the amount of not less than $300,000.00 for injuries, including those resulting in death, resulting from any one occurrence and on account of any one accident; and
b. Property damage insurance in the amount of not less than $25,000.00 for damages on account of any one accident or occurrence;
(3) The insurance certificates shall contain an agreement signed by the insurance company that, prior to modification, cancellation, or termination of the subject policy, written notice shall be sent to the city by said insurance company;
(4) Install on the motor vehicle, signal lamps mounted at the same level and as high and widely spaced as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing yellow lights on the motor vehicle and all lights shall be visible at 500 feet in normal sunlight upon a straight level street;
(5) Must display on the rear and front door of the motor vehicle a sign with a white background and red letters, in uniform block letters that are three to five inches in height, a warning that shall read: "WARNING: WATCH FOR CHILDREN NEAR THIS VEHICLE AND STOP BEFORE PASSING WHEN ARM IS EXTENDED";
(6) Shall install on each motor vehicle to be used for vending an octagonal stop signal arm that is 18 inches by 18 inches that can be extended horizontally from the left side of the motor vehicle that duplicates the design of a standard octagonal stop sign as set forth in the State Manual of Uniform Traffic-Control Devices. This arm shall be red and white in color and contain two alternately flashing lights three to five inches in diameter at the top and bottom thereof, visible at 300 feet to the front and rear in normal sunlight upon a straight level street.
The color of the two lights facing the front shall be red, and the two lights facing the rear shall be red. The bottom of the signal arm shall be 42 inches above the street.
(d) Duty of other drivers. The duty of a driver meeting or overtaking a roadway food vendor stopped on the street, shall stop no less than 25 feet from the front or rear of said roadway food vendor when the flashing lights and stop signal arm described herein are in use. After stopping, the driver may proceed past such roadway food vendor at a reasonable and prudent speed not to exceed 15 miles per hour and shall yield the right-of-way to any pedestrian crossing the roadway to or from the roadway food vendor. The driver of a vehicle on a street with separate roadways separated by a divider of any form, need not stop upon meeting or passing a roadway food vendor on the parallel roadway.
(e) Inspection of motor vehicle required. A roadway food vendor shall not use any motor vehicle for vending purposes that has not first been inspected by the police department and found to be in compliance with the requirements of this section.
(f) Denial or revocation of license. A license provided for in this article shall be denied or revoked upon the failure of a motor vehicle used by a roadway food vendor to pass an inspection conducted by the police department certifying that the motor vehicle is in compliance with all provisions of this section.
(Prior Code, § 5-116; Ord. of 11-8-2016)