Oceanside Municipal Code Art. VIII Ice Cream Vendors

For purposes of this article, the following terms shall have the following meanings:

Ice cream truck means every motor vehicle as defined by Section 415 of the California Vehicle Code, in which ice cream, ice milk, frozen dairy products or ice flavored with syrup are carried for purposes of retail sales on city streets.

Litter means trash or refuse consisting of materials at one time dispensed from the ice cream truck, and any residue deposited on the street from the operation thereof.

Vend or vending means offer(ing) any item for sale from a motor vehicle on city streets. "Offering" does not include driving on a street with identification or other markings on a vehicle if such transportation is not interrupted for the purpose of conducting sales.

(Ord. No. 93-04, § 1, 2-17-93)

(a) No ice cream truck may be used to vend in the city without an identification sticker and business license as described in this section and chapter 15 of the Oceanside City Code.

(b) All ice cream trucks must be inspected by the San Diego County Health Department, the police department, and city code enforcement to ensure compliance with applicable regulations.

(c) The ice cream truck must have its outside music control marked for noise level by the San Diego County Noise Control Officer to indicate compliance with the provisions of this article.

(d) All vehicles shall be licensed by the state department of motor vehicles and shall comply with all requirements of the California Vehicle Code.

(e) A City of Oceanside Identification Sticker, issued with a business license must be displayed on each vehicle conducting business. The identification sticker shall be attached to the lower right corner of the windshield of the vehicle and must be visible from the outside of the vehicle. The sticker will contain information indicating that the city code enforcement department may be contacted in the event of a complaint.

(f) Copies of a valid city business license, county health permit, labor work permits, vehicle registration and safety inspection, must be maintained in ice cream truck vehicles at all times. Said permits and licenses must be produced for inspection upon request by a city code enforcement officer or police officer.

(g) Applicants wishing to conduct vending from an ice cream truck shall apply for an identification sticker in conjunction with application for a business license as required by chapter 15 of the Oceanside City Code. Each applicant shall be required to furnish proof of a valid county health department permit, vehicle registration and a safety inspection certificate issued by the police department. Each applicant shall pay an identification sticker fee sufficient to cover administrative costs in an amount established by resolution of the city council. The identification sticker fee shall be exclusive of any fees due for processing of the business license.

(h) Each identification sticker and business license shall be valid for one (1) year from the date of issuance and must be renewed annually.

(Ord. No. 93-04, § 1, 2-17-93)

(a) No person shall vend on any area of the street where the posted legal speed limit exceeds twenty-five (25) miles per hour.

(b) No person shall vend before 10:00 a.m. or after one-half hour after sundown, not to exceed 8:00 p.m. during daylight savings time.

(c) No person shall vend within five hundred (500) feet of any property used as a school during the period beginning one (1) hour before classes commence that day until one (1) hour after classes end that day.

(d) No person shall vend from an ice cream truck unless such truck is lawfully stopped and parked.

(e) No person shall vend to any person standing on the street or roadway.

(f) No ice cream truck shall be driven on the same street past the same point more than once in any one (1) hour.

(g) No ice cream truck may enter onto any private property, private easement, or other restricted area without the oral or written permission of the property owner or other person in control of the property.

(h) The operator of the ice cream truck shall pick up, remove and dispose of all litter that is generated from products sold from the ice cream truck in the entire area within a twenty-five-foot radius of the location where vending occurs.

(i) The driver of an ice cream truck shall not permit any unauthorized person to ride in or on the vehicle. Persons authorized to ride on the vehicle shall be only those individuals lawfully employed by the ice cream truck permit holder in accordance with all state and federal labor statutes.

(j) A maximum of two (2) authorized persons, including the driver of the ice cream truck, are allowed in the truck while vending.

(k) Vending from ice cream trucks shall be limited to only the following products: ice cream, ice milk, frozen dairy products, ice flavored with syrup, prepackaged candy, prepackaged snack foods, and prepackaged beverages. Vending of foodstuffs or goods other than those listed above is prohibited.

(Ord. No. 93-04, § 1, 2-17-93)

(a) Sound amplification, if used, shall be restricted to the playing of nonvocal music and may not exceed fifty (50) decibels at the distance of thirty (30) feet from the source. The volume control for any sound amplification must not exceed the premeasured mark designated through the permit process pursuant to section 12.77(c).

(b) Sound amplification equipment shall not be operated while the vehicle is stopped or parked.

(c) Sound amplification equipment shall not be operated within five hundred (500) feet of hospitals, schools, or churches.

(Ord. No. 93-04, § 1, 2-17-93)

(a) Each vehicle operating in accordance with this article shall have an outside, passenger side mirror that provides visibility to the right side and to the rear of vehicle.

(b) Each vehicle operating in accordance with this article shall have the words "CAUTION: CHILDREN IN AREA" printed on the rear of the vehicle in letters of not less than five (5) inches in height.

(c) Each vehicle operating in accordance with this article shall have the business address and telephone number of the business license holder printed on the side of the vehicle in letters of not less than one (1) inch and not more than two (2) inches in height.

(d) Each ice cream truck must be inspected by the police department prior to the issuance or renewal of a business license to receive a safety inspection certificate. As a condition to having a certificate issued and as a condition to retaining such certificate, each truck shall at all times have:

(1) Headlights properly functioning and adjusted;

(2) Brake lights properly functioning;

(3) Left and right turn indicators properly functioning;

(4) Parking brake properly adjusted and functioning;

(5) Tail lights properly functioning;

(6) Seat belt properly installed and available for each passenger;

(7) Safely operating tires with tread meeting state requirements;

(8) Steering mechanism adjusted and properly functioning; and

(9) Any equipment required by statute or ordinance. Such equipment shall be maintained in good working order.

(e) The interior and exterior of each ice cream truck, and all equipment therein shall be kept clean and sanitary and maintained in good repair at all times.

(Ord. No. 93-04, § 1, 2-17-93)

(a) The provisions of this article shall by enforceable, and violations shall be punishable pursuant to chapter 1 of this Code. Police officers and code enforcement officers of the code enforcement division of the building department are authorized to issue citations for violations of all sections of this article.

(b) Violations of any of the provisions of this article, or any other applicable local, state or federal laws shall be cause for revocation of ice cream vending permits.

(c) Any proceedings for revocation of an ice cream vending permit shall be conducted pursuant to the procedures for revocation of business licenses established by this Code.

(Ord. No. 93-04, § 1, 2-17-93)