§ 111.200. Ice cream trucks.

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Ice cream truck." Every motor vehicle in which ice cream, popsicles, ice sherbets, or frozen desserts of any kind are carried for purposes of retail sale on the streets of the city.

"Operator." Includes every person, firm, or corporation who owns, leases, contracts, or in any other fashion permits a person to operate upon the streets of the City any ice cream truck for the purpose of vending.

"Person." Includes every driver of an ice cream truck.

"Vend" or "vending." Offering ice cream, popsicles, ice sherbets, or frozen desserts for sale from a motor vehicle on the streets of the city.

B.

Drivers to Stop for Ice Cream Trucks.

1.

The driver of a vehicle meeting or overtaking from either direction an ice cream truck stopped on the street shall stop not less than twenty-five feet from the front or rear of such truck when the flashing lights and stop signal arm described in subsection C of this section are in use. After stopping, a driver may proceed past such truck at a reasonable and prudent speed, not exceeding fifteen m.p.h. and shall yield the right-of-way to any pedestrian who crosses the roadway to or from the ice cream truck.

2.

The driver of a vehicle on a street with separate roadways separated by a divider of some nature, such as a boulevard, need not stop upon meeting or passing an ice cream truck on the parallel roadway.

C.

Equipment Required for Ice Cream Trucks.

1.

In addition to other equipment required by law, every ice cream truck shall be equipped with:

a.

Signal lamps mounted at the same level and as high and as widely spaced laterally as practical. These lamps shall be five to seven inches in diameter and shall display two alternately flashing red lights on the front of the vehicle and two alternately flashing red lights on the rear of the vehicle, both lights visible at five hundred feet in normal sunlight upon a straight level street.

b.

A stop signal arm that can be extended horizontally from the left side of the truck duplicating the design and size of a standard thirty-inch octagonal stop sign (R-1) as set forth in the Ohio Manual of Uniform Traffic Control Devices, as currently published. This arm shall be red and white in color and contain two alternately flashing lights three to five inches in diameter at the top and bottom thereof, visible at three hundred feet to the front and rear in normal sunlight upon a straight level street. The color of the two lights facing to the front shall be red and the two lights facing to the rear shall be red. The bottom of the signal arm shall be forty-two inches above the highway.

c.

A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured by the hood.

D.

Use of Special Lights and Stop Arm on Ice Cream Trucks.

1.

The driver of an ice cream truck stopped on the streets for the purpose of vending shall actuate the special flashing lights and extend the stop signal arm required by subsection C of this section.

2.

These lights and the stop signal arm shall not be used when the truck is in motion or at any time the truck is stopped for a purpose other than vending.

E.

Inspection Required. Every ice cream truck shall be inspected by the Division of Police once each year prior to its use in the City for the purpose of retail sales of frozen dairy products. The Division shall inspect each ice cream truck to determine whether or not it complies with this section and other state and local laws.

F.

Restrictions.

1.

A person shall vend from an ice cream truck only between the hours of 8:00 a.m. and 9:00 p.m.

2.

A person shall vend only when the ice cream truck is lawfully stopped.

3.

A person shall vend only from the side of the truck away from moving traffic and as near as possible to the curb or side of the street.

4.

A person shall not vend to a person standing in the roadway.

5.

A person shall not stop on the left side of a one-way street to vend.

6.

The operator of any ice cream truck which traverses the streets of the City for the purpose of vending products shall submit to the Traffic Engineer, prior to February 1 of each year, a detailed listing of the routes to be traveled each day by such motor vehicle. The Traffic Engineer shall approve or disapprove such routes within thirty days thereafter, pursuant to the provisions of the article on the Traffic Engineer at § 70.35 et seq. Any routes not approved by the Traffic Engineer shall not be utilized by such operator.

G.

Backing Restricted. No driver of an ice cream truck shall back the same to make or attempt to make a sale. Penalty, see § 111.999.

(Ord. 566-1995; Ord. 428-1979; Ord. 270-1977)