HomeMy WebLinkAbout2001-06-12; City Council; NS-587; CMC 8.32.010/.015 amend - Ice cream truck warning signs & vending...1
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ORDINANCE NO. M-587
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA TO AMEND CHAPTER 8.32
OF THE CARLSBAD MUNICIPAL CODE TO REQUIRE
WARNING SIGNS ON ICE CREAM TRUCKS AND’
PROHIBIT VENDING FROM ICE CREAM TRUCKS IN
CERTAIN CIRCUMSTANCES
WHEREAS, the City Council of the City of Carlsbad,
California, recognizes that ice cream trucks pose a special danger to
children; and
WHEREAS, it is necessary to ensure the public safety to
require these vehicles be clearly marked and refrain from vending on
public ways under hazardous conditions,
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION I: That section 8.32.010 of the Carlsbad Municipal Code is
repealed and reenacted to read as follows:
“8.32.010 Displav. sale, or storaae on public ways prohibited.
a. Except as otherwise provided in this chapter, no person shall
display, sell or store any goods or merchandise from any temporary or permanent
display, vehicle, wagon or pushcart upon any public street, alley, highway, parking lot,
sidewalk or right of way.
b. No person shall sell or offer to sell goods or merchandise from any
temporary display, vehicle, wagon or pushcart in any commercial zone except as
provided in Title 21. If permitted by the provisions of Title 21, a permanent structure, all
or part of which is located on a public street, sidewalk, parking lot or easement, may be
used for the sale of goods or merchandise, provided that all appropriate permits
required by Titles 6, 11, 18 and 21 have been issued.
C. No person shall sell or offer to sell goods, merchandise, food or
beverages from any vehicle on any portion of any pubic street, alley, highway, parking
lot, sidewalk, or right of way within one-half mile of a public school building or school
grounds while children are going to or from the school, during opening or closing hours,
or during a recess period.
d. Subject to subsection (c ) above, a person may display or sell food
Ordinance No. NS-587 page 1 of 3
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or beverages from a motor vehicle specifically equipped for display or sale of food or
beverages, provided that the person has first obtained a permit required by this chapter.
A person may stand or park such vehicles for the purpose of selling or offering to sell
their food or beverages only at the request of a bona fide purchaser for a period of time
not to exceed ten minutes at any one place. If the person is displaying or selling food
or beverages from an ice cream truck, the person must also comply with the provisions
in section 8.32.015 of this chapter.”
SECTION 2: That Chapter 8.32 of the Carlsbad Municipal code is
amended by the addition of section 8.32.015 to read as follows:
“8.32.015 Ice Cream Trucks.
a. The City Council finds and declares that motor vehicles engaged in
vending ice cream and similar food items in residential neighborhoods can increase the
danger to children, and it is necessary that these vehicles are clearly seen and noticed
by motorists and pedestrians to protect public safety.
b. As used in this section, 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,
snack foods, or soft drinks, primarily intended for sale to children under 12 years of age.
c. Any ice cream truck shall be equipped at all times while engaged in
vending in a residential area with signs mounted on both the front and the rear and
clearly legible from a distance of 100 feet under daylight conditions, incorporating the
words “WARNING” and ‘CHILDREN CROSSING”. Each sign shall be at least 12
inches high by 48 inches wide, with letters of a dark color and at least four inches in
height, a one-inch solid border, and a sharply contrasting background.
d. A person may not vend from an ice cream truck that is stopped,
parked, or standing on any public street, alley, highway, or public right of way under any
of the following conditions:
1. If the street, alley, highway, or public right of way has posted
speed limit of greater than 25 miles per hour.
2. If the street, alley, highway, or public right of way is within
100 feet of an intersection with an opposing street, alley, highway, or public right of way
that has a posted speed limit greater than 25 miles per hour.
3. If the vendor does not have an unobstructed view for 200
feet in both directions along the street, alley, highway, or public right of way and of any
traffic on the street, alley, highway, or public right of way.”
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
Ordinance No. NS-587 page 2 of 3
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be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 5th day of June ,2001, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 12th dayof June , 2001, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
NOES: None -
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
4 62. FaQc
RONALD R. BALL, City Attorney
6./3-am(
- ATTEST:)
Ordinance No. NS- 5 8 7 page 3 of 3