Chapter 5.28
ICE CREAM VENDORS
Sections:
5.28.040 Permit—Term and transfer.
5.28.050 Application for permit—Contents—Required fee.
5.28.060 Investigation of applications.
5.28.080 Revocation of permit.
5.28.090 Ice cream truck and hand cart regulations.
5.28.110 Insurance provisions.
5.28.120 Inspection of ice cream trucks and hand carts.
5.28.130 Required signs, lettering and color.
5.28.150 Applicability of regulations to existing business.
5.28.170 Violations—Penalties.
5.28.010 Purpose.
The city council expressly finds that vehicles and hand carts in which ice cream, confections, and other frozen dessert products are carried for the purpose of retail sale on the public streets has the potential to pose special dangers to the public health, safety, and welfare of children and other residents of the city. These dangers include, but are not necessarily limited to, the conflict between traffic and the public’s attraction to vehicles or hand carts selling such products. It is the purpose and intent of the city council, in adopting the ordinance codified in this chapter, to provide responsible companies and individuals who engage in the operation of such vehicles with clear and concise regulations to prevent safety, traffic, and health hazards, as well as to preserve the peace, safety and welfare of the community. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.010)
5.28.020 Definitions.
As used in this chapter:
“Darkness” is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicles on the highway at a distance of one thousand (1,000) feet.
“Frozen dessert products” includes ice cream, ice milk, popsicles, frozen yogurt, confections, and chilled desserts of any kind.
“Hand carts” means any type of small wheeled vehicle drawn or pushed by hand used to carry or convey any product or products for sale to the public.
“Ice cream truck” means any motor vehicle, as that term is defined in the California Vehicle Code, which is equipped or primarily used for retail sales on any public street, alley, or highway within the city of ice cream, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products, and confections of any kind. The inventory of these vehicles may not necessarily be limited to ice cream, confections or frozen dessert products.
“Ice cream vendor” means any person, as defined in this chapter, who:
1. Conducts, permits or causes the operation of ice cream trucks or hand carts;
2. Owns, operates, controls, manages or leases ice cream trucks or hand carts; or
3. Contracts with persons to drive, operate and vend from ice cream trucks or hand carts. “Operator” means any person who drives, operates or vends from an ice cream truck or hand cart and shall include the driver and assistant on each ice cream truck or hand cart.
“Person” means any natural person, firm, partnership, association, corporation, stockholder, and includes, but is not limited to, owners, operators, drivers, lessors and lessees of ice cream trucks.
“Safety inspection sticker” means a sticker affixed to an ice cream truck or hand cart evidencing that it has been inspected by the San Jacinto police department and found to be in safe operating condition.
“Vend” or “vending” means offering frozen dessert products of any kind, or any other confections for sale from a motor vehicle or hand cart on a street, alley, highway or public place within the city and includes the movement or standing of an ice cream truck or cart for the purpose of searching for, obtaining or soliciting retail sales of frozen dessert products.
“Vendor’s permit” means a permit issued to any person by the city authorizing the holder thereof to operate an ice cream truck or hand cart and engage in the business of ice cream vending. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.020)
5.28.030 Permit required.
No person shall operate or cause the operation of an ice cream truck or hand cart in the city without a vendor’s permit issued pursuant to the provisions of this chapter and any other license or permit required under any other code or ordinance for each and every ice cream truck. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.030)
5.28.040 Permit—Term and transfer.
A. The term of a vendor’s permit shall be for a period of one year unless otherwise suspended or revoked prior to the term’s completion.
B. No permit issued pursuant to this chapter shall be transferable to any person. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.040)
5.28.050 Application for permit—Contents—Required fee.
A. Any person desiring to obtain a permit to operate or cause the operation of one or more ice cream trucks or hand carts shall make application to the chief of police or his or her designated representative. A nonrefundable fee for such application shall be established from time to time by resolution of the city council.
B. Neither the filing of an application for a permit nor the payment of an application fee shall authorize the vending from or operation or management of an ice cream truck or hand cart until such permit has been granted or renewed.
C. Each applicant for a permit to conduct business as an ice cream vendor shall furnish the following information, unless waived by the chief of police:
1. The present or proposed address from which the business is to be conducted;
2. The full true name under which the business will be conducted;
3. The full true name and any other names used by the applicant;
4. The present residence and business addresses and telephone numbers of the applicant;
5. A description of the merchandise which the ice cream truck or hand cart will vend;
6. The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and name and addresses of the registered and/or legal owners of each vehicle;
7. California driver’s license/identification card number of the applicant;
8. Certified copy of the applicant’s birth certificate;
9. Two photographs of the applicant, at least two inches by two inches in size taken within the six-month period immediately preceding the date of the application;
10. The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application;
11. The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;
12. All criminal convictions suffered by the applicant, including ordinance violations and traffic offenses;
13. The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers, operators or attendants;
14. Certification, as approved by the San Jacinto police department, evidencing that each and every ice cream truck or hand cart to be operated or controlled within the corporate limits of the city by the applicant has, within two months prior to the date the application is received by the chief of police, passed a safety inspection and is eligible for the issuance of a safety inspection sticker to be placed on the rear bumper of each vehicle;
15. Acceptable written proof that the applicant is insured under a policy of insurance in the manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the state of California;
16. The applicant shall submit to a fingerprinting in order to facilitate a complete background investigation;
17. Such other identification and/or information as the chief of police or his or her designated representative may require in order to discover the truth of the matters required to be set forth in the application;
18. Applicant must possess a business license for the city.
D. The applicant shall personally appear at the police department of the city and pay the required application fee and shall present the application containing the information and supporting documentation required by subsection C of this section.
E. In the event of a change in status or information required herein above, the applicant shall report such change to the chief of police no later than two weeks from the occurrence of such change. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.050)
5.28.060 Investigation of applications.
The chief of police or his or her representative shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor’s permit. The chief of police or his or her representative shall, within thirty (30) days after the date of filing of the application, render a written approval or denial of the application for the permit or renewal thereof (an exception to this clause is authorized in cases where the department of justice fails to return criminal history record prior to the thirty (30) day period). (Ord. 1065 § 2 (part), 1999: prior code § 5.76.060)
5.28.070 Denial of permit.
The chief of police shall not grant a vendor’s permit if he or she finds that any of the following requirements are applicable:
A. No vendor’s permit shall be issued to a person employed or contracted as a driver of an ice cream truck or operator of a hand cart who, within five years prior to the application, has been convicted or has pled nolo contendere or guilty to: (1) a misdemeanor or felony crime of moral turpitude; (2) a drug related misdemeanor or felony crime, including but not limited to the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; (3) the sale, distribution or display of harmful or obscene matter, indecent exposure; (4) permitting gambling, pool selling or bookmaking; or (5) alcohol or drug related traffic offenses.
B. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.070)
5.28.080 Revocation of permit.
A. Any vendor’s permit may be immediately suspended or revoked by the chief of police or his or her designated representative for any of the following reasons:
1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;
2. Failure of the permittee to notify the chief of police or his or her representative within two weeks of any change occurring subsequent to the issuance of the pen-nit in the information supplied by the permittee upon which issuance of the permit was based; or
3. Failure of the permittee or of any employees or subcontractors of the permittee to comply with the regulations set forth in this code.
B. No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation to the city council. Notification of the permit holder may be mailed first class mail, postage prepaid, to the address supplied by the permit holder. Such notice shall be effective upon the third day following the mailing of such notice. In lieu thereof, the notice of such suspension or revocation may be personally served upon the permit holder and such notice shall be effective upon said service. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.080)
5.28.090 Ice cream truck and hand cart regulations.
A. Each ice cream truck and hand cart shall have a current, valid county of Riverside health inspection sticker affixed to the lower right side of the windshield or lower right comer of the hand cart and a current, valid, San Jacinto police department inspection sticker affixed to the left side of the rear of the ice cream truck or hand cart.
B. Each individual who drives, operates or vends from an ice cream truck shall have on his or her person a current, valid, California driver’s license and original current proof of insurance which shall be made available for inspection by law enforcement officials upon request.
C. Each vendor’s permit holder shall be issued an identification card which will also serve as the vendor’s permit. The permit holder shall wear or carry such card in a visible position upon his or her person at all times while vending from an ice cream truck or hand cart and shall produce the same for inspection upon request. Each permit holder shall immediately surrender to the chief of police any vendor’s permit issued by the city upon the suspension, revocation or expiration of such permit or upon leaving employment as an ice cream truck operator or hand cart operator. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.090)
5.28.100 Prohibited conduct.
A. No person shall vend from an ice cream truck or hand cart which is stopped, parked or standing on any public street, alley or highway;
1. Within five hundred (500) feet of any school property, park, playground or recreational facility;
2. When the posted speed limit on the public street, alley or highway is thirty-five (35) miles per hour or greater;
3. When the ice cream truck or hand cart is parked in violation of any provision of law;
4. When any part of the ice cream truck is not stopped, parked or standing on the right side of the street, alley or highway;
5. When the ice cream truck is not stopped, parked or standing on the right side of the street, alley or highway;
6. When the prospective customer is standing or sitting in another vehicle;
7. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic; or
8. During the hours of darkness.
B. No person shall back up an ice cream truck to make or attempt to make a sale.
C. No minor shall ride in or on an ice cream truck.
D. No more than two individuals shall be in or on a vending ice cream truck. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.100)
5.28.110 Insurance provisions.
A. It is unlawful for any person to own, lease, drive, operate, cause or permit to be driven or operated any ice cream truck in the city unless such person has submitted with his or her application for permit a motor vehicle liability insurance policy covering each ice cream truck, issued by a solvent corporation holding a certificate of authority to do insurance business in the state of California, which policy shall conform in all respects to the requirements of this chapter.
B. The required motor vehicle liability policy shall insure the owner, driver and any other person using or responsible for the use of any ice cream truck with the consent, express or implied, of such owner, driver or person, against loss from the liability imposed upon such owner, driver, or person by law for injury to, or death of, any person, or damage to property growing out of the maintenance, operation or ownership of any ice cream truck in an amount of one million dollars ($1,000,000.00) combined single limit, no aggregate.
C. Every insurance policy and every certificate of motor vehicle liability insurance filed within the city pursuant to the provisions of this chapter shall contain the following endorsements:
1. It is hereby understood and agreed that, notwithstanding expressions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of this ordinance. This policy shall insure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representative, administrators, executors, or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the lessor or the insured.
2. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.
3. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty (30) days after written notice of such cancellation or reduction in coverage shall have been given to the clerk of the council of the City of San Jacinto. Said period of thirty (30) days to commence running from the date said notice is actually received in the office of the clerk of the council.
(Ord. 1065 § 2 (part), 1999: prior code § 5.76.110)
5.28.120 Inspection of ice cream trucks and hand carts.
A. Each ice cream truck or hand cart for which a permit or renewal is sought shall be inspected at the direction of the San Jacinto police department to ensure that the vehicle can be safely operated.
B. In addition to other equipment required by law, each ice cream truck shall be equipped with the following:
1. A convex mirror mounted so that the occupant of the driver’s seat can see the area in front of the truck which is obscured by the vehicle’s hood;
2. A back-up alarm audible for a distance of at least one hundred (100) feet;
3. Signal lamps mounted at the same level and as high and widely spaced as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing yellow lights visible at five hundred (500) feet to the front and rear in normal sunlight upon a straight level street when stopped;
4. A signal arm that can be extended horizontally from the left side of the vehicle shall be permanently mounted to the vehicle shall be permanently mounted to the vehicle and conform to the specifications;
5. The signal arm and lights required in subdivisions 3 and 4 of this subsection shall be activated only when the vehicle is stopped on the street for the purpose of vending. These devices shall not be in operation when the vehicle is in motion or stopped for any other purpose. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.120)
5.28.130 Required signs, lettering and color.
A. All vehicles utilized as an “ice cream truck” or “hand cart,” as defined herein, shall be painted primarily white in color.
B. There shall be displayed in a conspicuous place on both the front and back of the ice cream truck appropriate warning signs or lettering, e.g., “CAUTION CHILDREN.” The lettering shall not be less than six inches in height and the lettering shall be in contrast to the color of the background upon which it is placed.
C. There shall be displayed on both front and back of the ice cream truck a three-inch yellow reflective strip. The strip shall be attached as specified by the traffic supervisor.
D. There shall be displayed in a conspicuous place on both the right and left side of the ice cream truck and hand cart lettering permanently affixed showing the name of the company or operator of the ice cream truck or hand cart and the business address and telephone number of the owner or operator. The letter shall not be less than four inches in height and shall be in contrast to the color of the background upon which they are placed.
E. No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the ice cream truck or hand cart so as to interfere with the visibility of the lettering required in subsections B and C of this section. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.130)
5.28.140 Noise level.
Ice cream vendors shall not operate any sound device under the following circumstances:
A. Whenever any such sound can be heard for a distance greater than three hundred (300) feet.
B. Within five hundred (500) feet of the property line of any property on which a school building is located during the hours school is in session.
C. When passing a hospital at any time or a church during the hours services are being held there.
D. During the hours of darkness. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.140)
5.28.150 Applicability of regulations to existing business.
The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this chapter into law. All such persons and businesses shall have thirty (30) days from said effective date to file a completed application for vendor’s permit with the chief of police or his or her designated representative. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.150)
5.28.160 Public nuisance.
Any ice cream truck or hand cart operated contrary to the provisions of this chapter shall be, and is declared to be unlawful and a public nuisance. The city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating an ice cream truck or hand cart contrary to the provisions of this chapter. (Ord. 1065 § 2 (part), 1999: prior code § 5.76.160)
5.28.170 Violations—Penalties.
The violation of any provision of this chapter is declared to be a misdemeanor, punishable by a fine not exceeding five hundred dollars ($500.00) or imprisonment not to exceed six months, or both such fine and imprisonment. At the discretion of the city attorney, a violator may be charged and prosecuted as an infraction pursuant to the provisions and penalties stated in Government Code Section 36900(b). (Ord. 1065 § 2 (part), 1999: prior code § 5.76.170)