HomeMy WebLinkAboutOrdinance No. 11-O2ORDINANCE NO. 11-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ADDING A NEW ARTICLE X TO CHAPTER 62 OF THE
AZUSA MUNICIPAL CODE REGARDING THE REGULATION OF ICE
CREAM VEHICLE VENDORS
WHEREAS, California Vehicle Code section 22455 provides that a city may adopt public safety
regulations concerning vending from vehicles on public streets.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. A new Article X is hereby added to Chapter 62 of the Azusa Municipal Code to read as follows:
"ARTICLE X. — REGULATION OF ICE CREAM VENDOR TRUCKS
"See. 62-400 —Intent
The purpose of this Article is to regulate the conduct of persons who sell ice cream, candy, and
novelty items from vendor trucks within the public right-of-way. The intent of the regulations
contained herein are to ensure vehicle and pedestrian safety, especially in those areas where
children congregate or pass through to and from school.
See. 62-401 - Regulation of ice cream trucks
(a) Definition. As used in this Article X, the term "ice cream truck" means a motor vehicle
engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or
novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or
soft drinks primarily intended for the sale to minors.
(b) Permitted Sales Location. Sales from ice cream trucks shall occur only on public ways
with a speed limit of 25 miles per hour or less located within residential districts under this Code
or on private ways with the consent of the owner or owners of the private way.
(c) Prohibited Locations. No ice cream truck shall make any sales within 500 feet of any
public or private school from 11:00 a.m. and 4:00 p.m., Monday through Friday. No ice cream
truck shall stop at any time for the purpose of making sales in any area where parking is
prohibited.
(d) Length of Stop. No ice cream truck shall stop for the purpose of making sales for more
than 15 minutes in a single location.
(e) Manner of Stops. Ice cream trucks shall pull as far as practicable to the side of the right
of way when stopping for the purpose of making sales and shall operate four-way flashers when
so stopped. In no event shall an ice cream truck stopped for the purpose of making sales prevent
the passage of other motor vehicles on the right of way.
(f) Rubbish Receptacle Required. Each ice cream truck shall provide a rubbish receptacle
for use of its customers. Prior to leaving each stop, the ice cream truck shall remove any litter
left at the stop by customers.
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(g) Hours of Operation. Ice cream trucks may stop for the purpose of making sales only
between the hours of 11:00 a.m. and 8:00 p.m.
(h) Insurance Required. Each ice cream truck shall be insured under a policy of public
liability insurance in an amount of not less than $300,000 with the City of Azusa named as an
additional insured on the policy.
(i) Limits on Products Sold. Only pre -wrapped or pre-packaged food items may be sold
from an ice cream truck. Non -frozen items such as pre-packaged soft drinks, candy, chewing
gum and snack food may be sold from an ice cream truck provided the principal product sold is
ice cream and/or similar frozen dessert products. Ice cream truck vendors shall not sell any toy
or non -edible item.
See. 62-403 - Penalties
(a) Criminal penalties. Any person who willfully violates the provisions of this Article X
shall be guilty of a misdemeanor.
(b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or
penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of
Chapter 46, Article X, section 46-432 or section 46-433.
(c) Revocation or suspension of business license. In addition to the penalties provided in this section,
any individual, business, business establishment, vendor, organization, or entity which possesses a
valid business license granted by the city and which violates any section this Article may be subject to
revocation or suspension of such business license, pursuant to Chapter 18, Article I, of this Code.
(d) State law. The provisions of this section are in addition to any penalties imposed by applicable
State law, including but not limited to California Vehicle Code section 22456 referred to as the Destiny
Nicole Stout Memorial Act."
Section 2. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence,
clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
Section3. This Ordinance shall become effective thirty (30) days after its adoption.
Section 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be
posted as required by law.
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PASSED, APPROVED, AND ADOPTED this 22 day of February 2011.
ii4 Rocha, Mayor
ATTEST:
Vera Mendoza
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the
foregoing Ordinance No. 07-010, was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 7 day of February, 2011, and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22
day of February, 2011, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ERA MENDOZA
CITY CLERK
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