5.28.040 Special Regulations for Ice Cream Vendors.
(A) Definitions. The following words and phrases when used in this Section shall, for the purpose of this Section, have the meanings respectively ascribed to them in this Section except when the context otherwise requires:
“Ice cream vendor” means any person, firm, partnership or corporation who travels by any type of vehicle from house to house, or place to place, selling or offering for sale any ice cream food products within the corporate limits of the City of Olathe; provided, however, that no person, firm, partnership or corporation shall be considered an ice cream vendor when orders are taken for ice cream food products to be delivered to the ultimate consumer on a prearranged day subsequent to the date of sale.
“Ice cream vendor unit” or “vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway for the purpose of vending ice cream.
(B) It shall be unlawful for any ice cream vendor to:
(1) Vend on a street where the posted speed limit exceeds twenty-five (25) miles per hour, nor exceed a speed of fifteen (15) miles an hour when seeking sales or when attempting to make a sale;
(2) Stop anywhere within twenty-five (25) feet of an intersection when making a sale or attempting to make a sale;
(3) Double-park, or park in any manner contrary to any ordinance relating to parking when attempting a sale or when making a sale;
(4) Make a U-turn on any block;
(5) Drive the vehicle backwards to make or attempt any sale;
(6) Sell or attempt to sell to any person who is standing in the street;
(7) Permit any person to hang on the vehicle or permit any person to ride in or on the vehicle except a driver and a bona fide assistant or assistants authorized by the owner of the vehicle and/or the licensee;
(8) Remain standing or stopped at any place for a period of time exceeding ten (10) minutes, or otherwise stop or park a vehicle on the public right-of-way for the purpose of making a sale or sales so as to obstruct the free flow of traffic;
(9) Sell or attempt to sell along any particular route more than one time during a twenty-four hour period;
(10) Sell or attempt to sell inside any City park or recreational area unless authorized by the City as part of a City-sponsored event or under a temporary sales and event permit;
(11) Sell or attempt to sell from a vehicle which is not equipped with a prominent sign visible to both the front and rear with the wording “Caution – Children,” and flashing amber (yellow) caution lights on all four comers of the vehicle visible from front, rear and both sides;
(12) Use a sound device or bell of any kind whatsoever, except amplified music or chimes which are not audible any distance greater than three hundred (300) feet which are turned off when the vehicle is stationary for the purpose of seeking a sale or attempting to make a sale;
(13) Sell or attempt to sell or use amplified music or chimes outside the hours of 10:00 A.M. to thirty (30) minutes after sunset;
(14) Sell or attempt to sell while the vehicle is moving; or
(15) Sell or attempt to sell within five hundred (500) feet of an active school zone of a public or private school.
(C) Exceptions. Exceptions to the prohibitions set forth in Subsection B of this Section may only be approved as part of a City-approved Temporary Sales or Event Permit or other City-sponsored event.
(D) Vehicle Inspection. The Chief of Police or designee or other public officer charged by the City Manager with enforcement of this Chapter may at any time cause any ice cream vendor unit to be inspected to determine that said unit is suitable from the standpoint of safety for the conduct of an ice cream vendor business and that all provisions of this Section and any other City ordinances relating to safety are being complied with. (Ord. 15-18 § 1, 2015; Ord. 98-88 § 2, 1998; Ord. 87-152 § 1, 1987; Ord. 81-129 § 2, (part), 1981.)