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A. It is unlawful for a merchant to sell motorized skateboards or motorized play vehicles without making the disclosures required by this section.
B. Any merchant who sells motorized skateboards or motorized play vehicles within the city limits of Tucson shall:
1. Post, in a prominent place at each location where motorized skateboards or motorized play vehicles are on display, a notice to the effect that operation of motorized skateboards and motorized play vehicles is prohibited:
(a) On any public sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or shared-use path in the city limits of Tucson; and
(b) On any private property of another without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.
2. Provide a copy of such notice to each purchaser of a motorized skateboard or motorized play vehicle, either before or in connection with the purchase.
C. The definitions of "motorized skateboard" and "motorized play vehicle" contained in section 20-30 of this code shall also apply to this section.
D. Violation declared civil infraction violation. Unless otherwise specifically stated in this chapter, any violation of this section is punishable as a civil infraction violation pursuant to chapter 8 of this Code.
(Ord. No. 9962, § 2, 5-10-04, eff. 1-1-05)
(a) It is unlawful for a merchant to sell motorized bicycles or tricycles without making the disclosures required by this section.
(b) Any merchant who sells motorized bicycles or tricycles within the City Limits of Tucson shall:
(1) Post, in a prominent place at each location where motorized bicycles or tricycles are on display, a notice to the effect that operation of motorized bicycle or tricycle is prohibited:
a. For persons under sixteen (16) years of age.
b. On any public sidewalks, multi-use path, and shared use path and on any designated pedestrian path in any public park.
c. For persons under eighteen (18) years of age unless the person is wearing a properly fitted and fastened bicycle helmet which meets the current standards of the American National Standards Institute for protective headgear.
d. At night unless the motorized bicycle or tricycle has a lamp and red rear reflector.
(2) Provide a copy of such notice to each purchaser of a motorized bicycle or tricycle, either before or in connection with the purchase.
(3) The notice also shall advise that a motorized bicycle or tricycle operated in excess of nineteen (19) miles per hour is regulated by state law and must comply with state law requirements.
(c) As used in this section, "motorized bicycle or tricycle" shall have the same meaning as it has under section 5-5 of this Code.
(d) Violation declared civil infraction violation. Unless otherwise specifically stated in this chapter, any violation of this section is punishable as a civil infraction violation pursuant to chapter 8 of this Code.
(Ord. No. 10321, § 2, 9-19-06)
ARTICLE XXIII.
ICE CREAM TRUCK VENDORS*
ICE CREAM TRUCK VENDORS*
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* Editors Note: Ord. No. 10244, § 2, adopted Jan. 24, 2006, amended § 3 of Ordinance No. 10236 to read as follows:
(a) Except as provided in Subsection (b), Sections 1 and 2 are not effective until June 1, 2006.
(b) Between April 1, 2006, and June 1, 2006, the Director of the Department of Finance may accept applications for and issue or deny the licenses authorized by Section 1 and collect the occupational license fees authorized by Section 2.
(c) Any license issued pursuant to Section 1 between April 1, 2006, and June 1, 2006, shall be effective as of the date it is issued. Any business license issued to an individual for the operation of an ice cream truck prior to April 1, 2006, shall expire on April 1, 2006.
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As used in this article, the following terms are defined as follows:
(1) "Chief" means the Chief of the Tucson Police Department or the chief's designee.
(2) "Director" means the director of the department of finance or the director's designee.
(3) "Ice cream" means any frozen dairy or water-based food product.
(4) "Ice cream truck" means any motor vehicle used for ice cream truck vending.
(5) "Ice cream truck vending" means the selling, displaying, or offering to sell ice cream or any other prepackaged food product from an ice cream truck on a street in a residential area or in a city park. Except for activities licensed to occur in city parks, such term does not include an activity licensed pursuant to another provision of the Tucson Code or the selling, displaying, or offering to sell ice cream or other prepackaged food product from a motor vehicle where ice cream or other prepackaged food products are not the primary products offered or displayed for sale.
(6) "Ice cream truck vendor" or "vendor" means any person who owns or operates an ice cream truck.
(7) "Residential area" means any street where over fifty (50) percent of the front footage of either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes.
(8) "Street" means any public road, highway, avenue, boulevard, alley, or lane within the city.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06)
(a) In general. It shall be unlawful for a person to operate as an ice cream truck vendor in a residential area or a city park unless such person has received an ice cream truck vendor license from the director.
(b) License application. Any person desiring to obtain or renew an ice cream truck vendor's license shall file an application with the director. Such initial or renewal application shall contain the following information:
(1) The full legal name, date of birth, and residence address of the applicant.
(2) A valid identification issued by any government that includes a photograph of the applicant.
(3) The year, make, model, and color of the motor vehicle the applicant intends on using as an ice cream truck.
(4) A copy of a valid registration certificate issued by the Arizona Division of Motor Vehicles for the ice cream truck identified in paragraph (b)(3).
(5) If employed by a business or other person, the name and address of such business or person.
(6) Any conviction of the applicant or vendor for any of the following:
a. Any misdemeanor or felony within the previous five (5) years if the offense involved sexual misconduct, prostitution, or any of the offenses enumerated in Chapter 14, Title 13, Arizona Revised Statutes (Sexual Offenses) or Tucson Code § 11-28 and any such offense committed outside the State of Arizona that would have been classified as one of the above offenses if committed within the State of Arizona; or
b. Any felony at any time if the offense required registration as a sex offender under the laws of Arizona or of any other state, commonwealth, or possession of the United States.
(7) The applicant's complete fingerprints taken by the Tucson Police Department, along with written verification from the police department of having completed being fingerprinted.
(8) Proof of valid insurance for the ice cream truck identified in paragraph (b)(3).
(9) Payment of the occupational license tax required by section 19-45.
(c) Term of license. The license issued pursuant to subsection (b) shall be valid for one year from the date of its issuance.
(d) Lost and expired licenses. The fee to replace a lost valid license shall be ten dollars ($10.00). If a vendor's license expires prior to filing for renewal, such vendor must reapply for a license and pay any applicable fee or tax.
(e) Applicant background check. The chief shall forward the fingerprints obtained pursuant to paragraph (b)(7), accompanied by the appropriate fees paid by the applicant, to the appropriate state and federal agencies for the purpose of conducting a state and federal criminal records check in accordance with A.R.S. § 41-1750 and Public Law 92-544. The Director of the Arizona Department of Public Safety may exchange the applicant's fingerprint data with the Federal Bureau of Investigation. If the chief determines, based on such background check, that the applicant has a conviction for any offense described in subsection (b)(6), the chief shall recommend to the director that a vendor license be denied or not renewed; otherwise the chief shall recommend that such license be issued or renewed.
(f) License issuance/renewal or denial. The director shall issue an ice cream truck vendor license, or renew such license, upon filing of an application meeting the requirements of subsection (b) and the affirmative recommendation of the chief. If the chief has not made a recommendation to the director within forty-five (45) days after receiving the applicant's fingerprints, the director may consider the application without reference to such a recommendation. If any requirement of subsection (b) is not met or if the chief recommends denial, the director shall deny the applicant a vendor's license or the renewal of such license. If a license is denied or not renewed, the applicant or vendor may appeal pursuant to section 7-492.
(Ord. No. 10236, § 1, 12-20-05, eff. 6-1-06; Ord. No. 10244, § 1, 1-24-06, eff. 6-1-06; Ord. No. 10448, § 14, 9-5-07, eff. 1-1-08)
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