Hemet Municipal Code Art. VI Special Vehicles

Footnotes:

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Cross reference— Mobile food units, § 34-116 et seq.

The city council expressly finds that vehicles 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 residents of the City of Hemet. These dangers include but are not necessarily limited to, the conflict between traffic and the publics attraction to vehicles selling such products. It is the purpose and intent of the city council, in adopting this ordinance, 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. No. 1498, 8-9-94)

As used in this article:

(a) Ice cream truck means any 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 Hemet of ice cream, ice milk, popsicles, sherbets, frozen yogurt, frozen dessert products and confections of any kind. The inventory of these vehicles is not necessarily limited to ice cream, confections or frozen dessert products.

(b) Frozen dessert product includes ice cream, ice milk, popsicles, frozen yogurt, confections and chilled desserts of any kind.

(c) 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.

(d) Vend or vending means 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 Hemet 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.

(e) Ice cream vendor shall mean any person, as defined in this article, 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.

(f) 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.

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

(h) 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.

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

(j) 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 1000 feet.

(Ord. No. 1498, 8-9-94)

(a) No person shall operate or cause the operation of an ice cream truck in the City of Hemet without a vendor's permit issued pursuant to the provision of this article 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 Hemet without an operator's permit issued pursuant to the provisions of this article.

(Ord. No. 1498, 8-9-94)

The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one year.

(Ord. No. 1498, 8-9-94)

(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 chief of police or his designated representative. A non-refundable 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, operation or management of 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 which the ice cream trucks 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 names and addresses of the registered and/or legal owners of each vehicle;

(7) A policy of insurance in the manner and form required by this article from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California;

(8) 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;

(9) Certification, as approved by the Hemet Police Department, evidencing that each and every ice cream truck to be operated or controlled within the corporate limits of the City of Hemet 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;

(10) Such other identification and/or information as the chief of police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application.

(d) In the event of a change in status or information required herein above, the applicant shall report such change to the chief of police not later than two weeks from the occurrence of such change.

(Ord. No. 1498, 8-9-94)

(a) Any person desiring to obtain an operator's permit for an ice cream truck shall make an application to the chief of police or his designated representative. A non-refundable 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 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 name of the vendor for whom operation shall 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 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 with 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 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;

(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 article from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California;

(13) Certification from the Hemet Police Department that the applicant has successfully completed, within two months of the date the application is received by the chief of police or his designated representative, an approved special training course in traffic safety, based upon a curriculum devised and carried out by the Hemet Police Department;

(14) The applicant shall submit to a fingerprinting in order to facilitate a complete background investigation.

(15) Such other identification and/or information as the chief of police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application.

(d) The applicant shall personally appear at the police department of the City of Hemet 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) 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 chief of police 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. 1498, 8-9-94)

The chief of police or his 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. The chief of police, or his representative, shall, within 30 days after the date of the 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 30-day period).

(Ord. No. 1498, 8-9-94)

The police chief shall grant the vendor's permit or operator's permit only if he finds that all the following requirements have been met:

(a) No operator's permit shall be issued to a person employed or contracted as a driver of an ice cream truck who within five years prior to the application has been convicted or has pled nolo contendere or guilty within five years prior to his 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: the sale of a controlled substance specified in California Health Safety Code Sections 11054 through 11058, the sale, distribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or in the case of applications for an operator's permit, alcohol or drug-related traffic offenses. 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. No. 1498, 8-9-94)

(a) Any vendor's or operator's permit may be immediately suspended or revoked by the police chief or his 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 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 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. 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 such notice shall be effective upon said service.

(Ord. No. 1498, 8-9-94)

(a) Each ice cream truck shall have a current, valid County of Riverside health inspection sticker affixed to the lower right side of the windshield and a current, valid Hemet Police Department inspection sticker affixed to the left side of the rear of the ice cream truck.

(b) Each individual who drives, operates or vends from an ice cream truck shall have on his person a current, valid California driver's license and original current proof of insurance which he 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 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 chief of police any operator's permit issued by the City of Hemet upon the suspension, revocation or expiration of such permit or upon leaving employment as an ice cream truck operator.

(Ord. No. 1498, 8-9-94)

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

(1) Within 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 35 miles per hour or greater;

(3) When the ice cream truck is parked in violation of any other provision of law;

(4) 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;

(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; or

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

(8) During the hours of darkness.

(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 or on a vending ice cream truck.

(Ord. No. 1498, 8-9-94)

(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 of Hemet unless such person has submitted with his 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, 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 growing out of the maintenance, operation or ownership of any ice cream truck in an amount of $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 inure 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 feasor 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 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 Hemet. Said period of 30 days to commence running from the date said notice is actually received in the office of the clerk of the council.

(Ord. No. 1498, 8-9-94)

(a) Each ice cream truck for which a permit or renewal is sought shall be inspected at the direction of Hemet Police Department 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 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 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 left side of the vehicle shall be permanently mounted to the vehicle and conform to the specifications shown on Exhibit "A" hereto attached.

(5) The signal arm and lights required in (1) through (4) above 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.

[Figure]

(Ord. No. 1498, 8-9-94)

(a) All vehicles utilized as an "ice cream truck," as defined herein, shall be painted a neutral color such as white unless otherwise provided in this subdivision. Painting schemes or graphic designs utilizing multiple colors or images are permitted subject to a determination by the police chief or his/or designee that the painting scheme or graphic design meets the sign visibility requirements of this section 78-214. The vehicle color, painting scheme, or graphic design, must sufficiently contrast in color with the signs required below.

(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 they are placed.

(c) 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.

(d) 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 (b) and (c).

(Ord. No. 1498, 8-9-94; Ord. No. 1822, § 2, 12-8-09)

Ice cream vendors shall not operate any sound device or music system when stopped, standing, parked, or within 500 feet of a school while it is in session or for a period of one hour before or after it is in session.

(Ord. No. 1498, 8-9-94)

(a) The provisions of this article 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 article into law. All such persons and businesses shall have 30 days from said effective date to file a completed application for vendor's or operators' permits with the chief of police or his designated representative.

(b) Requirements set forth in sections 78-213(4) and 78-214(a) shall be applicable to vehicles, legally in use upon the date of adoption of this ordinance, 120 days from the effective date of this ordinance.

(Ord. No. 1498, 8-9-94)

Any ice cream truck operated contrary to the provisions of this article 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 article.

(Ord. No. 1498, 8-9-94)