(a) The driver of a vehicle meeting or overtaking, from either direction, an ice cream truck stopped on the street, shall stop no less than 25 feet from the front or rear of said truck when the flashing lights and stop signal arm as provided for in division (d) of this section are in use. After stopping, a driver may proceed past such truck at a reasonable and prudent speed, not exceeding 15 miles per hour, and shall yield the right-of-way to any pedestrian who crosses the roadway to or from the ice cream truck.
(b) The driver of 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 Chapter 1127, 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 one million dollars ($1,000,000) 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 fifty thousand dollars ($50,000) 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 is to register and issue licenses, as provided in Chapter 305.
(2) Inspection shall take place before any license is issued, as provided in Chapter 305. 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, 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 42 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.
F. Once issued, the license must be prominently displayed in plain view at all times that the vehicle is in operation within the City.
G. Each applicant will pay the non-refundable fee of fifty dollars ($50.00) for such license for that calendar year.
(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 division (d) of this section.
(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 division (d) of this section 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 traverses the streets of the City for the purpose of vending products, as defined in division (a)(4) of this section, 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 30 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, Cedar Road, Monticello Boulevard, South Green Road, South Belvoir Boulevard, Warrensville Center Road, and Anderson Road, as well as within 100 yards of any school boundary. There shall be no vending after sunset as defined in a newspaper of general circulation within Cuyahoga County.
(5) 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, any crime against or involving a minor, any crime of violence. Also, no person operating a vehicle for vending shall have a loaded or unloaded firearm in the vehicle. 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 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 and approved by the Chief of Police and the Mayor.
(6) 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 Police Department with the license application for review. This provision applies to all persons as defined in Section 1119.01(c).
(7) The applicant shall supply 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 cram truck shall not back the same to make or attempt to make a sale.
(Ord. 29-06. Passed 5-22-06.)