Sec. 19-17. - Mobile vending near schools prohibited.

(a)

Mobile vending defined. For the purposes of this section, (mobile vending( means the offering or soliciting for sale, or the attempted or actual sale of, foodstuffs, goods, wares, merchandise, labor, or services, by any person on foot, from a temporary structure (such as a stall, tent, or table), or from a vehicle (such as a motor vehicle, bicycle, scooter, trailer, cart, wagon, or other form of conveyance).

(b)

Violation. It shall be unlawful for any person to engage in mobile vending within 500 feet of any property line of any school serving students 18 years of age or younger, except on weekends and legal holidays.

(c)

Exceptions. The provisions of this section shall not apply to the following:

(1)

The delivery or sale of pre-ordered goods or services to a private residence or business with the prior consent of the owner, occupant, lessee, or the designee of said persons, including but not limited to employees;

(2)

Mobile vending on school property with the consent of school authorities;

(3)

Mobile vending authorized by a valid use permit, cultural event zoning permit, county highway special event permit, or other similar permit or approval issued by the county; or

(4)

Mobile vending for the purpose of fundraising for nonprofit tax exempt organizations.

(d)

Penalty for violation. Any person violating or causing the violation of the provisions of this section shall be guilty of a misdemeanor. Except where other penalties are specified, each offense may be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for a term not to exceed sixty (60) days, or by both such fine and imprisonment.

(Ord. No. 5856, § I, 10-6-2009.)