(a) This section shall not be construed to prohibit the sale or offering for sale of the products set forth in subsection (b) hereof or to prohibit the use of reasonable sound-producing devices to attract trade, but shall be construed solely to regulate the sale of such products so as to provide for the protection of the children and other persons of this community whose attraction to these products outweighs their sense of precaution.
(b) No vendor or peddler who uses a motor vehicle, pushcart or tricycle for the sale of ice cream, popsicles, ice sherbets and other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn and all other products shall use or operate a sound-producing device while such vehicle is in motion.
(c) No vendor or peddler who uses a motor vehicle, pushcart or tricycle for the sale or offering for sale of any products shall sell or offer for sale any such products to any person when such person is on or within the traveled portion of any public street, thoroughfare or right of way normally used by motor vehicles.
(d) (1) No vendor who uses a motor vehicle to move from place to place upon the streets of the City while selling any products shall fail to have such motor vehicle inspected by the Police Department under the jurisdiction of the Chief of Police or his or her appointee, or shall fail to first obtain a safety inspection permit for such vehicle. Such inspection shall concern the mechanical safety of the vehicle and shall be conducted at the Police Department, and a safety inspection permit fee of ten dollars ($10.00) for each vehicle shall be paid to the City. No vehicle which has not been so inspected and approved shall be employed in such business. Each such permit shall expire on December 31 next following its issuance and shall be displayed as set forth in subsection (j) hereof.
(2) No vendor who uses a motor vehicle to sell ice cream, popsicles, ice sherbets and other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn and all other products shall fail to have such vehicle inspected by the Police Department as provided in this subsection. The seasonal permit fee, which is in addition to the safety inspection permit fee provided for in this subsection, shall be twenty-five dollars ($25.00) for each vehicle so inspected. No vehicle which has not been so inspected and approved shall be used in such business. The seasonal permit shall be issued, expire and be displayed as is provided in this subsection.
(3) No vendor shall fail to post evidence of public liability insurance with the City in the minimum amounts of one hundred thousand dollars ($100,000) for personal injury to one person, three hundred thousand dollars ($300,000) for such injury to two or more persons, and ten thousand dollars ($10,000) for property damage, provided that the City shall not be liable for any claim made against such vendor as the result of personal injury or property damage.
(e) When a vendor obtains a permit, or at any other time, the Police Department will inform such vendor of major thoroughfares that cannot be used for vending due to reasons of public safety concerning motorists, inhabitants and the vendor himself or herself.
(f) No vendor shall fail to display yellow warning lights continuously, day or night, when such vendor stops for sales and when his or her vehicle slows down to five miles per hour or less for selling. No vendor shall fail to turn off such lights when traveling to and from his or her route.
(g) No vendor shall fail to designate his or her name and telephone number on his or her vehicle.
(h) No person who is not employed by a vendor licensed pursuant to the provisions of this chapter shall ride with such vendor.
(i) No vendor shall fail to display all City permits on or near the windows of his or her vehicle so as to be clearly discernible.
(j) No vendor shall pull to the wrong side of a street to service customers. No vendor shall fail to park on the right side of the street and walk over to service children.
(k) No vendor shall fail to act to protect children when children are coming to and leaving his or her truck. No vendor shall fail to be alert to protect children from on-coming traffic.
(l) No vendor shall sell to customers unless they stand on the curb or berm of the roadway.
(m) Before getting into his or her cab after having transacted any business, no vendor shall fail to walk around his or her vehicle to make sure that all children are safely away from such vehicle.
(n) No vendor shall back his or her vehicle unless such movement is completely necessary and, if so, such vendor shall back his or her vehicle as little as possible, after having checked that no one or nothing is behind his or her vehicle.
(o) No vendor shall allow boxes and papers under his or her control to fall upon the public right of way and no vendor shall fail to pick up any papers deposited in the immediate area of sale by his or her customers.
(p) No vendor shall have a police radio. However, standard AM or FM radios or tape players are allowed in any vendor's vehicle but no vendor shall play such devices during the time when the vehicle is moving in potential sale areas.
(q) In accordance with Recreation Board rules and other enactments of Council, no vendor shall engage in such business upon City-owned property other than streets.
(Ord. 22-2003. Passed 5-12-03.)