Coachella Municipal Code Ch. 5.34 Ice Cream Trucks

The city council of Coachella expressly finds that motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children, and it is necessary that these vehicles are clearly seen and noticed by motorists and pedestrians to protect public safety as provided by the California Legislature in the California Vehicle Code Section 22456 also known as the Destiny Nicole Stout Memorial Act. It is the purpose and intent of the city council, in enacting this chapter, to provide responsible companies and individuals who engage in the operation of ice cream trucks 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. No. 1028, § 1, 6-8-11)

As used in this chapter:

(a) "Ice cream" shall include ice milk, popsicles, paletas, ice cream bars, frozen yogurt, confections, and chilled desserts of any kind.

(b) "Ice cream truck" shall mean any vehicle, as defined in the California Vehicle Code, that is engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream including, but not limited to, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products and confections of any kind, or prepackaged candies, prepackaged snack foods, or soft drinks.

(c) "Ice cream vending business" shall mean a business consisting of sales from a motor vehicle upon a city street to the public of ice cream bars, popsicles, paletas, and similar frozen food items and which items make up the majority of the sales or inventory of the business.

(d) "Ice cream vendor" shall mean any person, as defined in this chapter, who:

(1) Conducts or permits or causes the operation of ice cream trucks;

(2) Owns, operates, controls, manages or leases ice cream trucks; or

(3) Contracts with persons to drive and vend from ice cream trucks.

(e) "Operator" shall mean any person who drives, operates or vends from an ice cream truck and shall include the driver and assistant on each ice cream truck.

(f) "Operator's permit" shall mean the permit issued to any person who drives or operates an ice cream truck, vends, sells, or assists in selling products from an ice cream truck.

(g) "Owner" shall mean a person who owns an ice cream vending business.

(h) "Person" shall mean any natural person, firm, partnership, association, corporation, or stockholder and includes, but is not limited to, owners, operators, drivers, lessors, and lessees of ice cream trucks.

(i) "Safety inspection sticker" shall mean a sticker affixed to an ice cream truck evidencing that it has been inspected by the California Highway Patrol and found to be in safe operating condition.

(j) "Vend" or "vending" shall mean offering frozen dessert products of any kind for sale from a motor vehicle on a street, alley, highway or public place within the City of Coachella and includes the movement or standing of an ice cream truck for the purpose of searching for, obtaining or soliciting retail sales of frozen dessert products.

(k) "Vendor's permit" shall mean a permit issued by the City of Coachella authorizing the holder thereof to engage in the business of ice cream vending.

(Ord. No. 1028, § 1, 6-8-11)

(a) No person shall operate or cause the operation of an ice cream truck in the City of Coachella without a vendor's permit issued pursuant to the provisions in this chapter and any other license or permit required under any other chapter of this code for each and every ice cream truck.

(b) No person shall drive or vend from any vehicle defined as an ice cream truck in the City of Coachella without an operator's permit issued pursuant to the provisions of this chapter.

(Ord. No. 1028, § 1, 6-8-11)

The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one year. Upon the expiration of such term, the permittee may renew the permit for an additional one-year term by submitting new applications in conformance with Sections 5.34.050 and 5.34.060.

(Ord. No. 1028, § 1, 6-8-11)

(a) Any person desiring to obtain a permit to operate or cause the operation of one or more ice cream trucks shall submit an application to the City of Coachella's Finance Director or his or her designated representative. Prior to or upon submitting such application, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the finance director or his or her designated representative at the time such application is filed. Permit issuance fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code. This permit does not replace the standard business license that is required of all businesses in the City of Coachella.

(b) The filing of an application for a permit or the payment of an application fee shall not authorize the applicant to operate or manage an ice cream truck 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:

(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 that the ice cream truck(s) 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, names and addresses of the registered and/or legal owners of each vehicle, and the vehicle storage address(es) pursuant to Section 5.34.110, subsection (d), of this chapter.

(7) A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles.

(8) 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.

(9) 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.

(10) Certification from a state-certified commercial vehicle inspector evidencing that each and every ice cream truck to be owned, operated, or controlled by the applicant has, within two months prior to the date the application is received by the finance director or his or her designated representative, passed a safety inspection and is eligible for the issuance of a safety inspection sticker.

(11) The applicant, if an individual; or each of the directors, officers, or stockholders holding more than five percent of the stock of the corporation; or each of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from ice cream trucks, shall also furnish the following information:

(i) California driver's license or identification number of the above-described natural persons.

(ii) Date of birth of the above described natural persons.

(iii) The permit history of the above described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such person, if previously operating in this or any other city, county, state or territory, has ever had any similar license, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.

(iv) All criminal convictions suffered by the above-described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction.

(12) The applicant, if other than an individual, shall also furnish the following information:

(i) Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each such business.

(ii) The nature of the business or firm for the three-year period immediately preceding the date of the application.

(iii) 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, if previously operating in this or any other city, county, state or territory, has ever had any similar license, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.

(iv) All criminal convictions suffered by the applicant including ordinance violations, stating the date, place, nature and sentence of each such convictions.

(13) Such other identification and/or information as the finance director 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.

(d) The applicant, if a natural person or, if the applicant is a partnership or corporation, the designed responsible managing officer, shall personally appear at the office of the finance director or his or her designated representative, and produce proof that the required application fee has been paid and shall present the application containing the information and supporting documentation required by subsection (c) of this section.

(e) When any change occurs regarding the written information required by subsection (c) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the finance director or his or her designated representative within two weeks after such change.

(Ord. No. 1028, § 1, 6-8-11; Ord. No. 1036, § 1, 1-11-12)

(a) Any person desiring to obtain a permit to operate or cause the operation of one or more ice cream trucks shall make application to the City of Coachella's Finance Director or his or her designated representative. Prior to or upon submitting such application, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the finance director or his or her designated representative at the time such application is filed. Permit issuance fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.

(b) The filing of an application for a permit or the payment of an application fee shall not authorize the applicant to operate or manage an ice cream truck until such permit has been granted or renewed.

(c) Each applicant for an operator's permit shall furnish the following information:

(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 address and telephone number of the applicant.

(5) California driver's license number of the applicant.

(6) Acceptable written proof that the applicant is at least eighteen (18) years of age.

(7) The applicant's height, weight, color of eyes and hair, and date of birth.

(8) 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.

(9) The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application.

(10) The permit history of the applicant for the three-year (3) period immediately preceding the date of the filing of the application, including whether such applicant, if previously operating in this or any other city, county, state or territory, has ever had any similar license, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.

(11) All criminal convictions suffered by the applicant, including ordinance violations, and traffic offenses.

(12) 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.

(d) The applicant shall personally appear at the office of the finance director or his or her designated representative, and produce proof that the required application fee has been paid and shall present the application containing the information and supporting documentation required by subsection (c) of this section.

(e) When any change occurs regarding the written information required by subsection (c) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the finance director or his or her designated representative within two weeks after such change.

(f) If the applicant is an individual who intends to own, operate and drive his or her own ice cream truck, it is not necessary to pay a separate fee for the operator's permit application.

(Ord. No. 1028, § 1, 6-8-11)

The finance director or his or her designated representative shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor's permit or an operator's permit. Such investigation shall include, but not be limited to, a department of justice criminal background check via finger printing (e.g., live scan).

(Ord. No. 1028, § 1, 6-8-11)

The finance director or his or her representative, shall, within thirty (30) days after the date of the filing of the application, grant the vendor's permit or operator's permit only if he or she finds that all of the following requirements have been met:

(a) The required fees have been paid.

(b) The application conforms in all respects to the provisions of this chapter.

(c) The applicant has not knowingly made a material misrepresentation of fact in the application.

(d) The applicant has fully cooperated in the investigation of the application.

(e) (1)

The applicant if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from an ice cream truck or a natural person employed or contracted with to be an operator, has not been convicted or pleaded nolo contendere or guilty within five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to:

(i) The sale of a controlled substance specified in California Health and Safety Code §§ 11054 through 11058.

(ii) The sale, distribution or display of harmful or obscene matter; indecent exposure.

(iii) Selling or disposing of lottery tickets.

(iv) Permitting gambling, pool selling or bookmaking.

(v) In the case of applications for an operator's permit, alcohol or drug-related traffic offenses.

(2) Any applicant that has been convicted or pleaded nolo contendere or guilty to a crime committed against a minor may permanently be precluded from obtaining a vendor's permit or operator's permit. The finance director or his or her designated representative in consultation with the chief of police shall have the authority to make such determination.

(3) The finance director or his or her designated representative is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code § 11105. 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. No. 1028, § 1, 6-8-11)

(a) If the finance director or his or her designated representative, finds that all of the requirements set forth in section 5.34.080 have not been met, he or she shall deny the application for vendor's or operator's permit. In the event the application for the permit is denied by the finance director or his or her designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.

(b) Any applicant whose application for an ice cream vendor's or operator's permit has been denied by the finance director or his or her designated representative, may appeal the decision in accordance with the following appeal process requirements:

(1) All appeals shall be in writing and shall contain the following information:

(i) Name(s) of the person filing the appeal ("appellants");

(ii) A brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued; and

(iii) The signatures of all parties named as appellants and their mailing addresses.

(2) A filing fee in an amount as established from time to time by city council resolution must be paid to the city at or prior to the time of the filing of the appeal.

(3) Any appeal filed that fails to provide all of the information required by this section and the appropriate filing fee shall be deemed incomplete.

(4) A complete and proper appeal of the denial of a permit application shall be filed with the city clerk within ten (10) calendar days of service of the letter denying the application or within ten (10) calendar days of any other action that is the subject of appeal. After receiving the written appeal, the city clerk shall schedule a public hearing before the city council at a regularly scheduled city council meeting that is held within thirty (30) [days] of the filing of appeal. If there are no regularly scheduled meetings within thirty (30) [days] of the filing of the appeal, the city clerk shall schedule the public hearing before the city council at the next regularly scheduled city council meeting for which there is sufficient time to have the matter properly noticed. The decision of the city council shall be final.

(Ord. No. 1028, § 1, 6-8-11)

(a) Any vendor's or operator's permit may be suspended or revoked by the finance director 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 finance director or his or her designated representative within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based.

(3) Failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 5.34.120 through 5.34.170, inclusive.

(4) Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from an ice cream truck pursuant to the permit.

(5) Conviction of, or plea of guilty or nolo contendere by the permittee of any offense set forth in Section 5.34.080, subsection (e).

(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 pursuant to the provisions of Section 5.43.090 of this code. Notification to the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for the permit. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the city council. Otherwise, the suspension or revocation shall become effective after the timely appeal period has expired.

(c) When proper taking into consideration the circumstances and gravity of the actions leading to a potential suspension or revocation, a warning will be provided before a permit is revoked or suspended under this section.

(d) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

(Ord. No. 1028, § 1, 6-8-11)

(a) Each ice cream truck shall have a current and valid County of Riverside health inspection sticker affixed to the lower right side of the windshield and a current and valid City of Coachella inspection sticker, which shall also include a numerical reference number, affixed to the rear of the ice cream truck and shall be maintained in good standing.

(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, which he or she shall make available for inspection by law enforcement officials upon request.

(c) Each operator's permit holder shall be issued an identification card which will also serve as the operator's permit. The identification card shall contain information provided pursuant to Section 5.34.060, subsection (c), of this chapter. 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, and shall produce the same for inspection upon request. Each permit holder shall immediately surrender to the finance director or his or her designated representative any operator's permit issued by the City of Coachella upon the suspension, revocation or expiration of such permit or upon leaving employment as an ice cream truck operator.

(Ord. No. 1028, § 1, 6-8-11)

(a) No person shall vend from an ice cream truck that is stopped, parked, or standing on any public street, alley or highway:

(1) Within three hundred (300) feet of any school or religious institution during the hours these schools or institutions are in session (and thirty (30) minutes before and after these schools or institutions are in session).

(2) In the parking lot of any park, playground or recreational facility.

(3) When the posted speed limit on the public street, alley, or highway is greater than twenty-five (25) miles per hour.

(4) When the ice cream truck is parked in violation of any other provision of this code, including, but not limited to, Section 10.08.040(f), or the California Vehicle Code.

(5) When any part of the ice cream truck is open to prospective customers other than on the side of the vehicle next to the right side of the street, alley, or highway.

(6) When the ice cream truck is not stopped, parked or standing on the right side of the street, alley or highway.

(7) When the prospective customer is standing or sitting in another vehicle.

(8) When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic.

(b) No person shall back an ice cream truck to make or attempt a sale.

(c) No minor shall ride in or on an ice cream truck.

(d) No more than two individuals shall be in a vending ice cream truck.

(e) Ice cream trucks shall stop and vend only at the request of a customer. Absent an actual customer, ice cream trucks shall not stop and vend.

(Ord. No. 1028, § 1, 6-8-11)

(a) It shall be unlawful for any person to own, lease, drive, operate or 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, a 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, expressed 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 arising out of the maintenance, operation or ownership of any ice cream truck in an amount of five hundred thousand dollars ($500,000.00), 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 Section 5.04.180(M) of the Coachella Municipal Code. This policy shall inure to, and be for the benefit and protection of anyone who shall sustain any damages or injury, or to the heirs, personal representatives, 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 tortfeasor 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 finance director or his or her designated representative of the city. Said period of thirty (30) days to commence running from the date said notice is actually received in the office of the finance director or his or her designated representative.

(Ord. No. 1028, § 1, 6-8-11)

(a) Each ice cream truck for which a permit or renewal is sought shall be inspected by the California Highway Patrol to insure 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.

(Ord. No. 1028, § 1, 6-8-11)

(a) There shall be displayed at all times, while engaged in vending in a residential area, with signs mounted on both the front and the rear legible from a distance of one hundred (100) feet under daylight conditions, in a conspicuous place warning signs or lettering which incorporate the words, "WARNING" "CHILDREN CROSSING" and "CAUTION" "THIS VEHICLE MAKES FREQUENT STOPS." Each sign shall be at least twelve (12) inches high by forty-eight (48) inches wide, with letters of a dark color and at least four inches in height, a one-inch wide solid border, and a sharply contrasting background.

(b) There shall be displayed in a conspicuous place on both the right and left side of the ice cream truck lettering permanently affixed showing the name of the company or operator of the ice cream truck and the business address and telephone number of the owner or operator. The lettering 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.

(c) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right and left side of the ice cream truck so as to interfere with the visibility of the lettering required in subsection (a).

(Ord. No. 1028, § 1, 6-8-11)

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 vendors' or operators' permits with the finance director or his or her designated representative.

(Ord. No. 1028, § 1, 6-8-11)

Any ice cream truck that is operated contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and 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 contrary to the provisions of this chapter.

(Ord. No. 1028, § 1, 6-8-11)

(a) Sales from ice cream trucks shall be limited to streets that have a speed limit of twenty-five (25) miles or less per hour, pursuant to California Vehicle Code § 22455(b), California Vehicle Code § 22455(e)(1).

(b) Ice cream vendors may sell ice cream from their ice cream trucks in areas stated above in subsection (a) as long as the street, alley or highway is not within one hundred (100) feet of an intersection with an opposing street that has a posted speed limit greater than twenty-five (25) miles per hour.

(c) Ice cream vendors may sell ice cream from their ice cream trucks in areas stated above in subsections (a) and (b) as long as the vendor has an unobstructed view for two hundred (200) feet in both directions along the street and of any traffic on the street.

(d) No ice cream truck and/or vendor shall stop to vend from an ice cream truck within one hundred (100) feet of another ice cream truck that has already stopped to vend.

(e) No sale shall be made while an ice cream truck is parked within seventy-five (75) feet of any intersection with any public street or streets as measured along the traveled way.

(f) Pursuant to California Vehicle Code § 22455(b), no sale shall be made while an ice cream truck is parked by a school, religious institution, park, playground or recreational facility as provided for in section 5.34.120.

(Ord. No. 1028, § 1, 6-8-11)

Sales from ice cream trucks shall be limited to the hours of 9:00 a.m. to 8:00 p.m. between November 1 and March 31 of each year, and 9:00 a.m. to 9:00 p.m. between April 1 and October 31 of each year.

(Ord. No. 1028, § 1, 6-8-11)

(a) No person shall use, play, or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary.

(b) No person shall use, play or employ any sound, outcry, simplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck before or after the hours of operation set forth in section 5.34.190 of this chapter.

(c) No person shall use, play, or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound employed on an ice cream truck in such a manner as to create a disturbance of the peace.

(Ord. No. 1028, § 1, 6-8-11)

A person vending from an ice cream truck may only sell or offer for sale prepackaged food items and may not offer for sale any other items.

(Ord. No. 1028, § 1, 6-8-11)

No ice cream truck may be used to vend on any public street, alley, or highway in the city unless it has an adequate trash receptacle of at least one cubic foot in size. Furthermore, the receptacle shall be emptied regularly so as to prevent the harborage of any vermin in the truck.

(Ord. No. 1028, § 1, 6-8-11)