311.05 ICE CREAM SALES FROM MOTOR VEHICLE.
   (a)    Ice cream truck means a motor vehicle in which ice cream, ice milk, frozen yogurt, frozen custard, flavored frozen water, or similar frozen dessert products are carried for the purpose of retail sale from the streets and sidewalks of the City and which is equipped with a functioning freezer or other similar device to keep the aforementioned items frozen.
   (b)    Ice cream trucks shall pull as far as practicable to the side of the right of way when stopping for the purpose of making sales and shall operate four-way flashers when so stopped. In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right of way. No ice cream truck shall make sales before the vehicle is lawfully parked.
   (c)    No ice cream truck shall sell to persons standing in the roadway.
   (d)    No ice cream truck shall stop for the purpose of making sales for more than fifteen (15) minutes in a single location.
   (e)    Each ice cream truck shall provide a rubbish receptacle for use of its customers. Prior to leaving each stop, the operator of the ice cream truck shall remove any litter left at the stop by customers.
   (f)    Ice cream trucks may stop for the purpose of making sales only between the hours of 10:00 a.m. and 9:00 p.m.
   (g)    Sound amplification equipment shall not be operated outside of the permitted hours of sale.
   (h)    Whoever violates a provision of this section shall be guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. 26-2012. Passed 7-10-12.)