(a) Definitions. As used in this section:
(1) "Ice cream truck" means every motor vehicle in which ice cream, popsicles, ice sherbets or frozen desserts of any kind are carried for purposes of retail sale on the City's streets.
(2) "Operator" means every person, firm or corporation who or which owns, leases, contracts or in any other fashion permits a person to operate upon the City's streets any ice cream truck for the purpose of vending.
(3) "Person" means every driver of an ice cream truck.
(4) “Vend” or "vending" means offering ice cream, popsicles, ice sherbets or frozen desserts for sale from a motor vehicle on the City's streets.
(b) Duties of Approaching Vehicles.
(1) The driver of a vehicle meeting or overtaking, from either direction, an ice cream truck stopped on the street shall stop no less that twenty-five feet from the front or rear of said truck when the flashing lights and stop signal arm as provided for in subsection (d) hereof, are in use. After stopping, a driver may proceed past such truck at a reasonable and prudent speed, not exceeding fifteen miles per hour, and shall yield the right of way to any pedestrian who crosses the roadway to or from the ice cream truck.
(2) The driver of a vehicle on a street with separate roadways separated by a divider of any kind need not stop upon meeting or passing an ice cream truck on the parallel roadway.
(c) Insurance. In addition to the applicable requirements of this chapter with regard to peddlers, as defined in Section 755.01, the following shall apply:
(1) No license shall be issued to an ice cream vendor selling from a truck unless a certificate is furnished to the City showing that the vendor is carrying the following minimum amounts of insurance: public liability insurance in an amount of not less than five hundred thousand dollars ($500,000) for injuries, including those resulting in death, resulting from any one occurrence and on account of any one accident, and property damage insurance in an amount of not less than twenty-five thousand dollars ($25,000) for damages on account of any one accident or occurrence.
(2) 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 Police Department by said insurance company.
(d) Equipment Required.
(1) Any person vending from ice cream trucks on the City's streets shall have any vehicle used for such vending inspected by the person within the Police Department whose duty it is to register and issue licenses, as provided in Section 755.03.
Inspection shall take place before any license is issued, as provided in Section 755.03. Such license will not be issued unless all vehicles to be used by the applicant for vending are equipped with the following:
A. Two six-inch or larger flashing amber lights in front and on top of the vehicle;
B. Two six-inch or larger flashing amber lights in the rear and on top of the vehicle;
C. Front and rear vehicle signs with the words "Slow-Children" displayed in eight-inch black letters on a yellow background;
D. A stop signal arm that can be extended horizontally from the left side of the truck duplicating the design and size of a standard thirty-inch 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 shall 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 two lights facing to the front shall be red and the two lights facing to the rear shall be red. The bottom of the signal arm shall be forty-two inches above the highway.
E. A convex mirror mounted on the front so that the driver in his or her normal seating position can see the area in front of the truck obscured by the hood.
(e) Use of Special Lights and Stop Arm.
(1) The driver of an ice cream truck stopped on the streets for the purpose of vending shall actuate the special flashing lights and extend the stop signal arm required by subsection (d) hereof.
(2) These lights and the stop signal arm shall not be used when the truck is in motion, nor at any time the truck is stopped for a purpose other than vending.
(f) Inspection. The inspection required in subsection (d) hereof shall be conducted annually prior to the issuance of a license, as required in this chapter, and at such other times as the Police Department deems necessary in order to assure compliance with this chapter.
(g) Restrictions.
(1) A person shall vend only when the ice cream truck is lawfully stopped.
(2) A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street.
(3) A person shall not vend to a person standing in the roadway.
(4) The operator of any ice cream truck which transverses the streets of the City for the purpose of vending products, as defined in paragraph (a)(4) hereof, shall submit to the Traffic Officer of the City, prior to commencing business each year, or as requested hereafter, a detailed listing of the routes to be traveled each day by said motor vehicle. The Traffic Officer shall approve or disapprove such routes within thirty days thereafter. Any routes not approved by the Traffic Officer shall not be utilized by said operator. Disapproval of a route shall be only for traffic safety or other safety reasons. There shall be no vending on Mayfield Road, Richmond Road, Brainard Road, Cedar Road or Ridgebury Boulevard between Richmond Road and the east City limit, all within the City limits. There shall be no vending after sunset.
(5) No person who has been convicted of three or more traffic offenses in any jurisdiction within the last two years shall be permitted to operate a vehicle used for vending. No permit, as required in this chapter, shall be issued to any owner or operator of such vehicle until driving records of every operator of such vehicle are provided to the Police Department.
(6) The applicant shall supply to the City, if requested, proof of a driver's criminal record check. Such criminal history shall be obtained, if requested, by the applicant by obtaining from the police department where the applicant resides a set of fingerprints which shall be sent to the Ohio Bureau of Criminal Investigation for such record check. The results of said record check from the Ohio Bureau of Criminal Investigation shall be supplied to the City Police Department with the license application for review. This provision applies to all persons who will be working for the applicant and vending in the City.
(7) The applicant shall supply to the City, if applicable, the proper permit from the County Board of Health for vending food products.
(h) Backing Restricted. The driver of an ice cream truck shall not back the same to make or attempt to make a sale.
(Ord. 94-42. Passed 5-16-94)