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Home My WebLink About2003-08-11 03-266 ORDINANCEItem No, 03-266 Date: 8-11-03 Item/Subject: Amending Chapter 291, Vehicles & Traffic, New Amide IX, Ice Cream Trucks Responsible Department: Legal This amendment creates an ordinance regulating fine licensing and operation of Ice cream trucks. Generally, the ordinance requires each truck to be licensed on an annual basis, provides for vehicle inspection and driver background checks, and establishes operating regulations to increase safety for ice cream truck patrons. Department Head Managenscommems: Aift6ob $Y StOOTLLT t,„.�.s.... tau-.. .QcurQ �+trn Pofi al 164. frpw,.wun¢ O tudu "". A..,f City Manager Associated Information: QUM& ar11 a:rrm Cay sono Introduced for Passage -/First Reading Page_of_ Referral k &lapy ?S] , P3,-OY 03-266 essigoed to councilor Greeue August It. 2003 CITY OF BANGOR (T2TLE.) Ordinance, Amending Chapter 291, Vehicles & Traffic, New Article IX, Ice Cream Trucks Be It=WneCbythe 01yofBa gm,, err follows Section l: The Code of the City of Bangor is hereby amended by adding Article IX. Ice Cream Trucks, to Chatper 291, Vehicles and TmffiS as follows: 11291-67. Definitions. f 291-72. Operating restrictions. & 291-68, Ucervie reaulred. & 291-73, Sound restrictions. E 291-69, Itce cream truck operaftr ficerlse. 6291�74, Duty of other vehicles. it 291-70. Insurance. li 291-75, MolaUrms, IN am vehicle licensed under Chapter 295, IB CITY CiAll August It. 2003 First Beading Referred to Coveroment Operations Co®ittee I EeR IN CIW COUNCIL August 25, 2003 Notion Bade and seconaea for Passage Bohan Bade am Seconded to Arend. by"Substitution Motion Bade and Seconded to Refer Back to Goverment Operations Committee Motion to Refer Back to Committee Insisted Vote: 6 yes. 6 as. 1 absent Councilor voting yes... Allen. Farallon, Nealley. Tremble Constitute voting no: Crawley. Farrington. Creeae and Palmer Councilor absent Redeem Nation Failed PassaB¢ Bill McClaughliv. Manager of Ice Cream Company, objected to Ordinance. Ren Buckley. Ranger Resident, felt fluid Ordinance was war regulating this business. Roberta William;, Bangor resident, aid act mant Ice Cream track in her neighborhood. Notion Made east Seconded to Pass As Amevdeded by Substitution Vote: 5 no. 3 yea. 1 absent Councilors voting m: Allen. Crosley..Parubam, Nealley and Trouble Councilors voting yea: Farrington, Greene and Falmer # 03_266 O RDIDADCB (TITLE, Amending Chapter `991. eebicles A '}[affie' t c Trucks Assigned to Councilor#y A&I—IX Councilor absent: Museum Failed Pas Q.W. os -266 CITY OF BANGOR ot (TITLE.) Ordinance, Amending Chapter 291, Vehicles & Traffic, New Article I%, Ice Cream Trucks Be it ordained blithe Ory of Bangov, as follows Section l: The Code of the City of Bangor is hereby amended by adding Article IX, Ice Cream hocks, M Chatper 291, Vehicles and Traffic, as follows: Amde IR Ice Cream Trucks 221-66. Pu ose. n. 5 291-67. Definitions, 6 291-72 Operating restrictions S 291-68. License required. & 291-73 Sound restrictions S 291-69. Ice main tuck operator license & 291-74 Duty of other vehicles S 291-70. Insurance. 6 291-75 Violations This Article is enacted for the purpose of reasonably regulating Me cernmerical uste of ttic City's riaht-of-ways right-of-waysto protect the health, Ifo tl safety of the citizens of the City of Bangor and visitors hereto & 291-67. Definitions. - - - For the pumose of this Wigic, tbo followino terms shall have the me nin s indicated el . All other words used will have their common meaning ICE CREAM TRUCK any motor vehicle used to carry pre-packaged food of any kind for the purpose of retail sale on any City street, public way, or private property, but shall not Include any vehicle licensed tinder Chapter 295 OPERATOR - any person, firm, or comoration who owns. leases, or otherwise Wenches an ice cream truck OY266 IAS AtNfID®) $ 291-68License reouimd It sh II be unlawfulf ck within the City of Banoor withoa hav'na rrst obtained an ice cream truck ovemtor license pursuant to 6 291-69. 6 291-69. Ice cream truck ommtor license. A. A non b nsfer I "full m r k operator license shall be Issued to an owmtor applyinu tQr such I �n� upon mmol an� with the fallowina, 1. Each applimtion for a full summer Ice cream truck ovemtor license must be made and complebed uwn foms pmvjded by. and musL be filed with the City Clerk. 2 Each apvlimtion for a full summer ice cream truck operator license must be amomwnied by written statements from: a. A mputable in r n 'no thath m truck is insured in accordance with 6 291-70. b The Pgl'ce Department staling that a aminal inform bon background check has n wmpleted the ice cmam Vuck r t r. The applimtion shall be denied theoperator has been convicbed of a Cim A B r felmy n dunna the ten-year pend endive pr'w to the auplio ion date. 3. Each application for a full summer im cream truck operator license and renewal thereof, must be acmmwn'ed by a fee as desianated in 6 854 4. A full summer ice cr m truck omraWlicenli Iid for up to one tl shall Awl 30 f h B Atte t' -ta f bl "h I'd " truck Wr I' halt be issued tp any opemmr applying for such Ikense upon mmoliance with the following 1. Each application r a h li uck o ator lice se MUst completed upon farms provided by, and must be filed with the City Clerk 2. Each appli= for a holiday Lo mam tant Qmr-ato[liom 5ball omply AM of this section 3. Each applln fora holiday ice c m truck opemW limnlimnse. andrenewal st be aaompanied by a fee as designated in 4 85-4. 9 A holiday ice cream truck license shall be valid only on Memorial Dav Independence Day, and labor Day. 03-266 (As MKNDED) C A separate license Mail be renuired for e h operator of an ice crearn bvck. 291-70. Insur Each operator shall tma insured for the Period over which the ce cream truck overainrllcense is to remain in force. nsuring persons and omperty Frorn liability for in' ries and damages use and operation of the ice ctogin truck. Such insurance r cover-aae shall Ug issued fora principal sum sufficient to Promide indemnity for nersonal iniury in the amount of not less than $50.000 for friury to we netson and $ 100,000 for Intury to more than one Person arisina out of one accident and for moerty dannaae in the amunt of $25,000, or combined sinule limit of $250,000. It shall be the responsibility r to secure a statement from his or her Insurer statin the amounts for which each ice cream truck is insured. E 291-71. Vehicle inspection. No ice cream truck shall be operated within the CIN of Bangor without first obtaining an ice cream truck inspection sucker from the City Clerk m be placed on the Ice cream truck's windshield, as directed by thetruck complies with thes n ards contained in subsection B. A. The Chief of Polim or his r her authonzed agent shall have theauthority insved. or cause to be inspected, pay andII ice cream bucks so as to ensure that mid vehicles am safe and suitable for such use in accemance with subsection B B All ice cream trucks shall 1. Have a valid 5tate of Maim motor vehicle mistraton cert'fceter 2. Have a valid State of Malne Inspection sticker placed on the windshield in accordance with state law, 3. Have an ememencv brakein mod operatfinacondition, 4. Have ocerable headlights Including high and low beams S. Have ocerable directional sionals G, Have operable brake I"ghm 7. Haye a convex minnor mounted n the front he driver in his r her normal seatino nsR'on can see the area in front of the truck obscured by the hood 03-266 (n5 BIDIDi®) B. Haw bres which comply wfth emisdog staWtd maulabons miatfna t State of Maine Inswrion laws 9 Be maintained in a clean and sanitary condt'om 10 Have a portable litter basket and 11. M safe and suitable for mobile vending §291-72 Ommring rests ct'ons A. An owator the ice c truck B. An operator shall only vend from Me side of the ice cream truck away from moving traffic and as near as ooss'ble W Ne curb or side of the street An o enWr shall mt vend a pewn standing in the street. D An opemtor shall ogt gtm on the left side of s[ t to vend. E. An opeator shall not back-up an Ice cream track W make or attempt to make a sale F. An o eater shall activate the ice c m twdes flashim lahts whiler ffie purpose of vending. G An ooemtor shall not operate an ke cream truck before 1000 a m or after sunset H. An operator shall i operate an ice cream "a; within 100 fee[ of a school between jht purl oF MOO a.m. and I An omratorhall not stop to vend mthin thirty (30) feet of an intersestionblock any drive. I An r shall not for IwQer than ten (10) minutes at one �winq locaUon, pt that an omratormeed the ten m nute limit if truck is legally rke in a marked wrkinaspace in the dpwntpwn DE waterfront areas and the operator complles With S 291-738 or 2. the ice cmam truckro ri[ten Permission of the Dmoerty 9wner and the operator has obtalned a CerOBcate of Occupancy from the Cod nfbr ment Offlmnd opentor compliith 4 291-73(B) OY266 <.e5 n!I¢YUEo) 5 291-73. Sound restrictions. A No Ice cream truck shall play any music or emit noise to attract the attention of po�nfial customers in excess of 75 dM.measure feet away. B No ice cream truck stonoed for longer than ten (10) minutes shall play any music or emit any n ract the attention of nbal customers in excess of 75 measured fifty (50) feet may. A 291-74. Duty of other vehicles. B. The dnhicle on a street sewmtod by a divider need not stop uwn rn efin or passim an ice cream truck on the 000csite parallel r aht-of-way 6 291-75 Violations Any person, firm, paftnership.c' b tion, mmoany or omanizabon violalon �dion of this ArCicle. shall,'N of so doing, be fined not less than $50 nor mom than $100 for the first v'oladom not less than $100 nor more than $500 for the second and every subseauent violation Section 2: This Article shall take effect on May 1, 2004. Oa 2" 6 291-71. Vehide inspe ion. No Im cmm truck shall be operated w thin the City of Bangor without fist obtaining an ice laced on the Ice cream truck's windshield as directed by the CIN Clerk certifying that said truck complies with the standards contained in $nbee2 90 B A. The Chief of Police or his or her authodzed aaent shall have cause 0 be inspecbed, am and all im cream tmcU m a5 to ensum that mid whicles are safe and suaahle for such use in a=dance with subse on B B All 2e cream trucks shall: 6. Have omrable brake liQhts7 OR 6 291-71. Vehide inspe ion. No Im cmm truck shall be operated w thin the City of Bangor without fist obtaining an ice laced on the Ice cream truck's windshield as directed by the CIN Clerk certifying that said truck complies with the standards contained in $nbee2 90 B A. The Chief of Police or his or her authodzed aaent shall have cause 0 be inspecbed, am and all im cream tmcU m a5 to ensum that mid whicles are safe and suaahle for such use in a=dance with subse on B B All 2e cream trucks shall: 6. Have omrable brake liQhts7 03-266 S�e of Maim in�ddon lam - 11. Be safe and � �ble for =bile wrtdina in all other iY allMs.4 no msbidlons. A. An opentor shall only �nd when the �ce c�m trm Is lawfully stopped. B. M omra�r shall only wnd from the side of tho ice mam �ck':.y from mowna traffic and as near as �sible to the wr� m side of the �, ,•.ina in the sVftt. D. An ommtor shall na stop on the left side pf a ga�-wy st�t to vend. F. An operator shall acbvate the u 00 a.m. or afber sunset. H. An onerator shall nut r. - an a- cmam trwk wthin 100 the boM� of �700a •• . 1. An ommWr shall not Am tQ mend wthin thirty (30) f�et of an i�meffion or block any�ept that an operator �v �eed the ten minute u or waterfront amas and the • - 2. the ice mam trmk is on pnyab� D�rtv with n -, penision of the ommrW .. Enfomement . 03-266 6 291-73. Sound restrictions. r E�rT-.R�- ffi� stopped m the steet shall Vro�d nad such ice �m truck at a mamnable prudent speed- � exoseding fifteen (15) miW per hour, and shall Weld the ligh way to am pedp=an who crossm the mdmy In or from the Ice cream �Jck. 6 291-75 Yoletlons III PROPER PRISON I Jill III Pill III Mimi III 1 101 If I than ire hank �rr�nor ru.- ii for the slemnid an Sol 2: This ArUcie shall rake eBecf on May 1, 2004. 03-266 6291-68. License reauiL%L It $bill e unlawful for anyone in amralg an Ice cream truck within the ON of Banner without having first obtained an Ice cream truck aoerator license pursuant to 6 291-69 6 291!9 Ice cream truck operator license. A. A non -transferable "full summer" ice cream truck coerator license shall be is ovesator applying for such license upon compliance with the fo'=r' license mu 1. Each appliCation for a full summer toe n truck made and completed uwn forms provided by. aad must be ile n 2. Each appi Cat on for a full summer ce cream truck orerator license mu amomparfled by wrldben statements from a. A reoutable insurance agencv stating that the ice cream truck is insu aaorclance with � 291-70. b. The Pol ce th the Ow Department statina that a criminal. a. �r ctimls U5 been completed the ice cream truck tineoLor. The go shall be denied the operator has been convicted of a Class A, B, felorry under Maine law, or eculvalent offenses In other iurisclin durino the ten-year wriod ending prior to the applition date. to ff ck vi Cted tr Is is ri Ic t a. Eaclj application fier a full summer ice cream Wick Qowatpir ligeaffl. add ma thereof, must be accomeanled by a fee as designated In Ei 85-4. ate d in 85 4. A full summiar Ice crearn truck operator loe hall be valid or up to one and shall exaine on April 30 of each year. B. Alternative completed1. Each application for a holiday ce cream truck ooerator limnse must be made s creamissued to any operator apolving for such license upon com lianm with the fbilowin M 2. Each applicant for a holiclav ice N2) of this section. 3. Each application for a hollclav Ice crearn truck M .rd rein thersof, must be accomearded by a fee as designated in � 85-4. 4. A holday ice r. cream r_ r