(Added by Ord. No. 176,830, Eff. 8/27/05.)
(a) Definitions.
“Ice cream truck” shall mean a motor vehicle engaged in the curbside vending or sale of frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for sale to children under 12 years of age.
“Dispense or dispensing” shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.
“School” shall mean any elementary school, middle school, junior high school, four-year high school, senior high school, continuation high school, or any branch thereof.
“Street” shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks.
(b) Sales from Ice Cream Truck. No person shall dispense any item, other than food, from an ice cream truck on a street.
(c) Hours of Sales. No person shall dispense any item, including food, from an ice cream truck on a street during the following hours: From 8:30 p.m. to 7:30 a.m. during the months of April through October and from 5:30 p.m. to 7:30 a.m. during the months of November through March.
(d) Sales near Schools. No person shall dispense any item, at any time, including food, from an ice cream truck parked or stopped within 500 feet of the property line of a school between 7:30 a.m. and 4:00 p.m. on regular school days.
(e) Minors in Vehicle. No person shall permit a person under sixteen (16) years of age to ride in or on an ice cream truck unless the person in control of the ice cream truck is the parent or guardian of the minor.
(f) Penalties. A violation of any of the provisions of this section is a misdemeanor. Violations set forth in this section are cumulative to, and in addition to, any other violations of state or local law. For a second or subsequent violation of subsection (b), the court shall, in addition to any other penalties, order that the ice cream truck involved in the second or subsequent violation be impounded for 30 days if at the time of the second or subsequent violation, the vehicle was registered to the violator.