Chapter 18 — ICE CREAM TRUCK OPERATING REGULATIONS

4-18.01 Conditions of permit 4-18.02 Place of operation 4-18.03 Hours of operation 4-18.04 Noise restrictions 4-18.05 Congestion restrictions 4-18.06 Food restrictions 4-18.07 Restrictions on riders 4-18.08 Vehicle inspection; certification 4-18.09 Identification

(a) Each health permit issued by the County Health Department, as required by Chapter 5 of Title 6 of this Code, to an ice cream truck business shall be subject to the terms and conditions set out in this chapter, as well as any other conditions specifically set forth in the permit. (b) The provisions of this chapter shall constitute operating regulations. It shall be unlawful for any person to violate these provisions. (§ 1, Ord. 2711, eff. May 18, 2000)

(a) Sales from ice cream trucks shall be limited to streets that have thirty-five (35) miles per hour speed limit or less. (b) The restrictions set forth in Chapter 6 of this Title, and Chapter 5 of Title 6 of this Code, that apply to persons who vend and/or peddle from vehicles, shall apply to ice cream truck business operators and employees under this chapter. (c) 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. (d) The standard warning flashers shall be in operation immediately upon the truck stopping to vend and shall cease operating as the truck begins to move after vending. (e) Pursuant to Cal. Veh. Code § 22455(b) and § 4-6.1012 of this Code, no sale shall be made while an ice cream truck is parked less than seven hundred (700) feet from the closest boundary of a public school. (§ 1, Ord. 2711, eff. May 18, 2000)

Sales from ice cream trucks shall be limited to the hours of 10:00 a.m. to one-half hour after sunset. (§ 1, Ord. 2711, eff. May 18, 2000)

(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, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after 7:00 p.m. or one-half hour after sunset, whichever occurs first. (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. (§ 1, Ord. 2711, eff. May 18, 2000)

No person shall stop to vend from an ice cream truck within two hundred feet of another ice cream truck that has already stopped to vend. (§ 1, Ord. 2711, eff. May 18, 2000)

A person may sell or offer for sale only prepackaged food items from an ice cream truck and may not offer for sale any other items. (§ 1, Ord. 2711, eff. May 18, 2000)

(a) No one other than one driver and one additional person shall be allowed to ride on an ice cream truck that is in operation. (b) The driver and the additional person may be: (1) Employees of the business operator; or (2) The business operator; or (3) A trainee. (c) In no event shall more than two persons ride on the truck at any time while the truck is in operation. (§ 1, Ord. 2711, eff. May 18, 2000)

(a) All ice cream trucks operated by the business operator shall comply with the permitting requirements set forth in Chapter 5 of Title 6 of this Code. (b) Additionally, all ice cream trucks operated shall be inspected and certified by a certified Automotive Service Excellence (ASE) mechanic. The ASE mechanic shall issue a certificate only after a determination that the requirements of subdivision (e) of this section have been complied with. (c) The business operator shall maintain each ice cream truck in such condition that: (1) All doors, windows, hood and trunk shall open and close securely; (2) The inside of the ice cream truck shall be clean and free of litter and trash; (3) There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash;

(4) The exterior of the ice cream truck shall be clean and in good repair, and shall not have any peelings, dents, rust, scratches or missing components which are discernable at a distance of five (5) feet or more from the truck; and (5) Advertising decals and price lists shall be placed only on the vending side of the ice cream truck and shall use a maximum area of twenty-four (24) square feet. (d) The business operator shall have and maintain in clean operating condition on each ice cream truck the following safety equipment: (1) Signs painted or mounted on the front and back of each truck using black four-inch (4”) tall letters on a yellow background with a black one- inch (1”) border around each sign. The sign on the front and back of each vehicle shall read “CHILDREN CROSSING” and be eight-inches high by forty-eight inches (8” x 48”) wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read “WARNING” in English and Spanish using the same size letter and paint requirements. (2) Standard warning flashers. (3) Any other safety equipment required by the California Vehicle Code. (e) All ice cream trucks must be in proper working condition. All brakes, lights and flashers must meet minimum safety requirements as determined by the certified Automotive Service Excellence (ASE) mechanic. (f) The Police Department's Traffic Division shall determine whether the business operator has complied with the requirements of subdivisions (a), (b), (c), (d), (e), (f), and (g) of this section, and shall affix an inspection sticker on each certified truck, identifying the truck as having successfully passed vehicle inspection. (g) It shall be unlawful for a business operator to operate an ice cream truck that does not have a current, valid inspection sticker issued by the Police Department's Traffic Division. (§ 1, Ord. 2711, eff. May 18, 2000, as amended by § 1, Ord. 2735, eff. May 31, 2001)

Each business operator shall maintain an identification number, provided by the Ontario Police Department's Traffic Division painted on the sides and back of each ice cream truck. The number shall be of such color, size and placement so that the identification number may easily read at a distance of ten feet (10'). (§ 1, Ord. 2711, eff. May 18, 2000)