(a) A person shall vend only when the ice cream truck is lawfully stopped.
(b) 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. Double parking is prohibited. For purposes of this Section 743.05, "double parking" shall mean stopping the truck for the purpose of vending products alongside of another vehicle already parked parallel to the curb.
(c) A person shall not vend to a person standing in the roadway.
(d) Ice cream trucks shall be limited to travel only on public streets when vending products. Travel within public parks and vending on the portion of any street which is adjacent to public park property is prohibited.
(e) The operator of any ice cream truck which traverses the streets of the City for the purpose of vending products shall submit to the City's Division of Police, 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 Division of Police shall approve or disapprove such routes within 30 days thereafter. Any routes not approved by the Division of Police 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 Richmond Road, Highland Road, Monticello Boulevard, Chardon Road, Trebisky Road, White Road, Brush Road, and Wilson Mills Road, as well as within 100 yards of any school boundary. There shall be no vending between sunset, as defined in a newspaper of general circulation within Cuyahoga County, and 10:00 a.m. the following day.
(e) No person convicted of any of the following crimes, in any jurisdiction, shall be permitted to operate or be a passenger on a vehicle for vending within the City: any sex crime, domestic violence crime, any crime against or involving a minor, any crime of violence. No person who has been convicted of three or more moving traffic offenses in any jurisdiction within the last two years shall be permitted to operate an ice cream truck. No license, 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 Division of Police and approved by the Chief of Police.
(f) The applicant shall supply to the City, proof of a criminal record check. Such criminal history shall be obtained by the applicant by obtaining 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 Division of Police with the license application for review. This provision applies to all persons as defined in Section 743.01(c).
(g) The applicant shall supply the City, if applicable, the proper permit from the County Board of Health for vending food products.
(h) The driver of an ice cream truck shall not back up an ice cream truck to make or attempt to make a sale.
(Ord. 38-2011. Passed 7-12-11.)