Azusa Municipal Code Art. X Regulation of Ice Cream Vendor Trucks

The purpose of this article is to regulate the conduct of persons who sell ice cream, candy, and novelty items from vendor trucks within the public right-of-way. The intent of the regulations contained herein are to ensure vehicle and pedestrian safety, especially in those areas where children congregate or pass through to and from school.

(Ord. No. 11-O2, § 1, 2-22-11)

(a) Definition. As used in this article X, the term "ice cream truck" means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks primarily intended for the sale to minors.

(b) Permitted sales location. Sales from ice cream trucks shall occur only on public ways with a speed limit of 25 miles per hour or less located within residential districts under this Code or on private ways with the consent of the owner or owners of the private way.

(c) Prohibited locations. No ice cream truck shall make any sales within 500 feet of any public or private school from 11:00 a.m. and 4:00 p.m., Monday through Friday. No ice cream truck shall stop at any time for the purpose of making sales in any area where parking is prohibited.

(d) Length of stop. No ice cream truck shall stop for the purpose of making sales for more than 15 minutes in a single location.

(e) Manner of stops. Ice cream trucks shall pull as far as practicable to the side of the right-of-way when stopping for the purpose of making sales and shall operate four-way flashers when so stopped. In no event shall an ice cream truck stopped for the purpose of making sales prevent the passage of other motor vehicles on the right-of-way.

(f) Rubbish receptacle required. Each ice cream truck shall provide a rubbish receptacle for use of its customers. Prior to leaving each stop, the ice cream truck shall remove any litter left at the stop by customers.

(g) Hours of operation. Ice cream trucks may stop for the purpose of making sales only between the hours of 11:00 a.m. and 8:00 p.m.

(h) Insurance required. Each ice cream truck shall be insured under a policy of public liability insurance in an amount of not less than $300,000.00 with the City of Azusa named as an additional insured on the policy.

(i) Limits on products sold. Only pre-wrapped or pre-packaged food items may be sold from an ice cream truck. Non-frozen items such as pre-packaged soft drinks, candy, chewing gum and snack food may be sold from an ice cream truck provided the principal product sold is ice cream and/or similar frozen dessert products. Ice cream truck vendors shall not sell any toy or non-edible item.

(Ord. No. 11-O2, § 1, 2-22-11)

(a) Criminal penalties. Any person who willfully violates the provisions of this Article X shall be guilty of a misdemeanor.

(b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46, Article X, section 46-432 or section 46-433.

(c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates any section this article may be subject to revocation or suspension of such business license, pursuant to Chapter 18, Article I, of this Code.

(d) State law. The provisions of this section are in addition to any penalties imposed by applicable state law, including but not limited to California Vehicle Code section 22456 referred to as the Destiny Nicole Stout Memorial Act.

(Ord. No. 11-O2, § 1, 2-22-11)