(a) It is not the intention of this chapter to prohibit the sale or offering for sale of the products set forth in subsection (b) nor is it the intention to prohibit the use of reasonable sound producing devices to attract trade but for the sole purpose of regulating the sale of the above mentioned products 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) The use or operation of noise producing devices employed by vendors or peddlers using motor vehicles, push carts or tricycles for the sale of ice cream, popsicles, ice sherbets, other frozen desserts, soft drinks, candy, sandwiches, peanuts, popcorn and any and all other products is hereby prohibited when such vehicles are in motion.
(c) Vendors or peddlers employing motor vehicles, push carts or tricycles for the sale or offer for sale of any products are hereby prohibited from selling or offering for sale any products to any person or persons when such person or persons are on or within the traveled portion of any public street, thoroughfare or right of way normally used by motor vehicles.
(d) Each vendor desiring to sell any products, by virtue of which such vendors shall move from place to place upon the streets of this City, shall first have each and every motor vehicle inspected by the Police Division of the City under the jurisdiction of the Chief of Police or his appointee and shall first obtain a safety permit for each of such vehicles. Such inspection shall be as to the mechanical safety of the vehicle and shall be conducted at the Police Division and an inspection permit fee of ten dollars ($10.00) for each and every vehicle shall be paid unto the City. No vehicle which has not been so inspected and approved shall be employed in such business. Each vehicular permit shall expire on December 31 next following its issuance and shall be displayed as set forth in subsection (j) hereof.
Vendors using a motor vehicle to sell ice cream, popsicles, ice sherbets, other frozen desserts, soft drinks, candy, sandwiches, peanuts or popcorn shall first have each and every such vehicle inspected by the Police Division as provided above. The seasonal permit fee in addition to the inspection fee above shall be twenty-five dollars ($25.00) for each and every vehicle so inspected and no vehicle which has not been so inspected and approved shall be used in such business. A permit shall be issued, expired and displayed as provided above.
Provided further that each and every such vendor shall post indicia of public liability insurance with the City in minimum amounts of twenty-five thousand dollars ($25,000) personal injury to one person, fifty thousand dollars ($50,000) injury to two or more persons and ten thousand dollars ($10,000) property damage, it being understood that there attaches no liability upon the City to pursue claim for the neglect of any such vendor.
(e) On obtaining a permit or at any other time, the Police Division will inform the vendor concerned of major thoroughfares that cannot be used for vending due to reasons of public safety concerning motorists, inhabitants and the vending company itself.
(f) Vendors must be clean and neatly dressed.
(g) Day or night, yellow warning lights shall be operated continuously when vendor is stopped for sales and when the vehicle has slowed down to five miles per hour or less for selling. Lights must be off when traveling to and from route.
(h) Vendors shall designate their name and telephone number on vehicles.
(i) No riders except those who are employees of the vendor, who are licensed by the City shall be allowed.
(j) Vendors shall display all City permits on or near windows so as to be clearly discernible.
(k) Vendors shall not pull to wrong side of street to service customers. Vendors shall park on right side and walk over to service children.
(l) Vendors shall act to protect children when children are coming to and leaving truck. They shall be alert to protect children from oncoming traffic.
(m) Vendors shall not sell to customers unless they stay on curb or berm.
(n) Vendors shall circle truck to make sure that all children are safely away from truck before getting in cab after sales.
(o) Vendors shall not back up unless completely necessary and then as little as possible after they have checked that no one or thing is behind them.
(p) Vendors shall refrain from allowing boxes and papers to fall upon the public right of way and shall pick up any papers deposited in the immediate area of sale by their customers.
(q) Vendors shall have no police radios. However, standard AM or FM radios or tape players are allowed in their vehicles but shall not be played during the time when the vehicles are moving in potential sale areas.
(r) In accordance with Parks and Recreation Department rules and other enactments of Council, vendors shall not sell upon City owned property other than streets.
(Ord. 50-1975. Passed 5-13-75.)