5.10.190 - Use of public streets.

The City Council finds that mobile ice cream vending businesses that attract children into the public streets to purchase ice cream subject children and the public to special dangers. Accordingly, each Person or business selling, offering to sell, or displaying for sale ice cream or similar frozen desserts from or on motorized vehicles on public streets shall abide by the following conditions and requirements. Failure to comply may result in the suspension or revocation of a business license or ice cream truck operator's work permit, and is a class B misdemeanor: A.

The motorized vehicle shall have a clearly audible backup warning device that activates whenever the vehicle is shifted into reverse gear.

B.

The motorized vehicle shall have a convex mirror mounted on the front of the vehicle so that the driver, in a normal driving position, can see the area in front of the vehicle that is obscured by the hood.

C.

The motorized vehicle shall have at least two flashing yellow beacons on the roof of the vehicle, one at the front and one at the rear, at least one of which is visible from all sides of the vehicle. These beacons shall be activated whenever merchandise is being sold, offered for sale, or displayed for sale.

D.

The motorized vehicle shall have an operable swing-arm attached to its left side. This swing-arm shall be of a type, size, and description approved by the City, and shall be activated whenever the vehicle stops to sell, offer to sell, or display merchandise on a public street.

E.

The motorized vehicle shall have a sign or decal on the front and on the rear of the vehicle in letters at least six inches in height and visible for two hundred (200) feet along a level, straight highway, identifying the vehicle as an ice cream truck and containing the words "Children Crossing."

F.

The motorized vehicle shall be prohibited from pulling any type of trailer.

G.

Retail merchandise may not be sold, offered for sale, or displayed for sale from or on motorized vehicles on public streets where the speed limit exceeds twenty-five (25) miles per hour.

H.

The operator of the motorized vehicle shall not sell to any person standing in the roadway.

I.

The operator of the motorized vehicle shall sell, offer to sell, or display for sale retail merchandise only when the vehicle is completely stopped and lawfully parked, and shall sell only from the rear or side of the vehicle nearest to the curb or edge of the roadway.

J.

The motorized vehicle shall not be moved backwards in order to sell, offer to sell, or display for sale retail merchandise.

K.

Each applicant for a license or renewal under this Section shall submit, with its application, a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the City Attorney, that there is in full force and effect general liability insurance in an amount not less than two hundred fifty thousand dollars ($250,000.00) for one person in anyone occurrence, five hundred thousand dollars ($500,000.00) for two or more persons in anyone occurrence and one hundred thousand dollars ($100,000.00) for property damage, or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor. Such policy or policies shall include coverage of all motor vehicles used in connection with applicant's business. A current certificate of insurance shall be kept on file with the City recorder at all times that applicant is licensed by the City.

L.

All motorized vehicles of the applicant and operators shall comply with all other requirements of this Chapter and any other requirements of ordinance or statute that may be applicable.

The prohibitions of this Section shall not be construed to prohibit vehicles from carrying business markings or advertising not otherwise prohibited by law.

(Ord. No. 2020-02, § II(Exh. A), 1-8-2020)