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HomeMy WebLinkAbout2001-06-12; City Council; 16220; Ice Cream Truck RequirementsCITY OF CARLSBAD -AGENDA BILL AM 16,220 ADOPTION OF ORDINANCE NO. NS-587 AMENDING THE CARLSBAD MUNICIPAL CODE MTG. 6-12-01 DEPT. CLK TO REQUIRE WARNING SIGNS ON ICE CREAM TRUCKS AND PROHIBIT VENDING FROM ICE CREAM TRUCKS IN CERTAIN CIRCUMSTANCES DEPT. HD. =&- CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt Ordinance No. NS-587 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. ITEM EXPLANATION: Ordinance No. NS-587 was introduced and first read at the City Council meeting held on June 5, 2001. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 16,212 on file with the City Clerk. EXHIBITS: 1. Ordinance No. NS-587. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 25 26 27 20 I ORDINANCE NO. NS-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City of Carlsbad, California does ordain as follows: SECTION I: That section 8.32.010 of the Carlsbad Municipal Code is repealed and reenacted to read as follows: “8.32.010 Displav.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 storaqe on nublic wavs 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, II, 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 ‘. ? -. ,:..A 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 neighborboods 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-5 * 7 page 2 of 3 “2 7.d 1 be published at least once in a newspaper of general circulation in the City of Carlsbad 2 within fifteen days after its adoption. 3 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 4 City Council on the 5th day of June ,2001, and thereafter 5 PASSED AND ADOPTED at a regular meeting of the City Council of the 6 City of Carlsbad on the 12th dayof June ,2001, by the following vote, to wit: 7 8 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall. 9 10 11 12 ia 19 20 21 22 23 24 25 26 27 28 NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY ,c G. f?L.Qa. RONALD R. BALL, City Attorney 6.t3-a+=9( ATTEST: / Ordinance No. NS-587 page 3 of 3