It is deemed necessary and proper by the governing body of the city of Haysville, Kansas, in order to provide for the general health, safety and welfare of its citizens to regulate the vending of ice cream by mobile conveyances within the city.
(Ord. 537, Sec. 1; Code 2003)
It is unlawful for any person, firm, partnership or corporation to conduct, hold, carry on, pursue or operate a business of vending, huckstering, peddling or similar enterprise, for selling ice cream products of any kind upon or within any public right-of-way, public street, alley, avenue, boulevard or sidewalk within the corporate boundaries of the city, unless the regulations set forth and contained in the sections of this article are complied with and followed.
(Ord. 537, Sec. 2; Code 2003)
The following words and phrases when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in this section except when the context otherwise requires:
(a) Ice Cream Street Vendor: Means any person, firm, partnership, company, corporation or other entity who travels by any type of vehicle from house to house, or place to place, selling or offering for sale any ice cream food stuffs within the corporate limits of the City of Haysville; provided, however, that no person, firm, partnership, company, corporation or other entity shall be considered an ice cream street vendor when orders are taken for ice cream food stuffs to be delivered to the ultimate consumer on a prearranged day subsequent to the date of sale.
(b) Mobile Operations – Exception: For the purpose of this article, a “mobile vehicle operator” is one conducted from a truck, trailer or any other vehicle that travels from place to place and from which ice cream food products of any nature whatsoever are sold or distributed, except that this article does not apply to the mobile operations conducted by any milk delivery person.
(c) Motor Vehicle: Means every vehicle which is self propelled, but shall not include a motorcycle, a motor-driven cycle, or a motorized bicycle.
(d) Vehicle: Means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway except devices used exclusively upon stationary rails or tracks.
(Ord. 537, Sec. 3; Code 2003)
(a) No ice cream street vendor shall engage in retail mobile operations unless a license has been issued by the city clerk.
(b) In order to secure such license, an ice cream vendor shall file with the city clerk an application on such form and containing such information as the city clerk may require, including but not limited to the following:
(1) The name of the applicant, or if a firm, partnership, association, corporation, company or organization of any kind, the names and addresses of persons owning twenty percent (20%) or more of a financial interest therein, and the number and type of vehicles proposed to be operated by the applicant;
(2) The name, social security number, driver’s license number, permanent address and telephone number of any individual representing or employed by the applicant within the city;
(3) The make, model, and license number of any vehicles to be used by applicant;
(4) A statement as to whether or not the applicant or any individual representing or employed by the applicant within the city has been convicted, pled guilty or pled nolo contendere to any crime or any ordinance violation involving moral turpitude within the preceding five (5) years and the place and nature thereof. All statements made by the applicant upon the application or in connection therewith shall be under oath.
(c) A license issued under the provisions of this article is not assignable or transferable, and shall run to the exclusive benefit of the licensee.
(d) Vehicle Safety Inspection. The police department shall inspect the vehicles designated in the application and shall certify approval to the city clerk that such vehicles are suitable from the standpoint of safety for the conduct of an ice cream street vending business and that all state laws and local ordinances relating to safety have been complied with. The police department, after the issuance of a license hereunder, shall inspect the vehicle operated by the licensee once each year to determine that said vehicle is suitable from the standpoint of safety for the conduct of an ice cream street vending business and that all state laws and local ordinances relating to safety are being complied with.
(e) Vehicle Health Inspection.
(1) The director of the Sedgwick County Health Department is authorized to enforce the rules and regulations of said department and to conduct periodic inspections, in addition to those inspections conducted by the police department, of all vehicles and equipment used in the sale or distribution of any ice cream food products of any nature whatsoever, for the purpose of enforcing said rules and regulations.
(2) Before a license shall be issued for vending any ice cream food products of any nature whatsoever, it must also be approved by the Sedgwick County Health Department and such approval shall not be given unless the health department determines that the vehicle being used is clean and sanitary; that all food stuffs have been prepared in a licensed facility if required; that they are properly labeled, packaged or wrapped; and that they are maintained at suitable temperatures according to recognized standards.
(f) Liability Insurance. There shall be filed with the city clerk a certificate of insurance covering all motorized vehicles operated hereunder in such form as the city clerk may deem proper, issued by an insurance company approved by the Insurance Commissioner of the State of Kansas, and authorized to do business in the state of Kansas, insuring the public against injury, loss or damage resulting to persons or property from the use, maintenance and operation of any motorized vehicle operated hereunder for which such permit is granted in an amount of not less than fifty thousand dollars ($50,000) for injury to any one person; and an amount of not less than one hundred thousand dollars ($100,000) for injury to all persons injured in any one occurrence; and property damage not less than twenty-five thousand dollars ($25,000) per each occurrence.
(g) License Fee. The applicant shall pay a fee as set out in Chapter 17 for each vehicle to be operated within the city prior to the issuance of a license to conduct retail mobile operations.
(Ord. 537, Sec. 4; Code 2003)
It shall be unlawful for an ice cream street vendor to stop, stand or park a vehicle:
(a) In any manner contrary to any ordinance relating to parking when attempting a sale or when making a sale; or
(b) In any street, alley, avenue, boulevard or sidewalk or other public right-of-way for the purpose of dispensing its products to customers, so as to obstruct the free flow of traffic in the street; provided, that an operator may stop, stand or park such vehicle at the curb side of the street, but that no vehicle will remain standing in any one location for a period exceeding ten (10) minutes.
(Ord. 537, Sec. 5; Code 2003)
(a) Whenever any vehicle is used for the sale or dispensing of ice cream food products of any nature whatsoever upon a public street, alley, avenue, boulevard, sidewalk or other public right-of-way, said transaction shall occur on the side of the vehicle which is next to the curb of the street.
(b) It shall be unlawful for an ice cream vendor to sell, offer for sale or dispense ice cream products:
(1) to any person who is standing in the street;
(2) while operating on
(A) Broadway (U.S. 81);
(B) Grand Avenue (71st Street South);
(C) Main Street (Seneca); or
(D) Meridian Avenue
(3) within fifty (50) feet of any street intersection; or
(4) in any public park, or any public parking lot without the express consent of the governing body.
(Ord. 537, Sec. 6; Code 2003; Code 2020)
It shall be unlawful for an ice cream vendor to sell, offer for sale or dispense ice cream products:
(a) within two (2) blocks from the boundaries of any public or private school property for a period commencing thirty (30) minutes before the regular school day of any such school and continuing until thirty (30) minutes after the adjournment of the regular school day of any such school; or
(b) between 8:30 p.m. and sunset of each day, whichever is earlier, and continuing until 10:00 a.m. on the following day.
(Ord. 537, Sec. 7; Code 2003)
No sound device or bell shall be allowed or used by any vehicle dispensing ice cream food products of any kind whatsoever, with the exception that amplified music or chimes are permitted; provided that such are not audible any distance greater than three hundred (300) feet and that they be turned off when the vehicle is stationary for the purpose of making sale or otherwise; and provided, that the use of amplified music or chimes is prohibited before 10:00 a.m. and after 8:30 p.m. or sunset of each day whichever is earlier.
(Ord. 537, Sec. 8; Code 2003)
It is unlawful for any ice cream street vendor to operate a vehicle upon any street, alley, avenue or other public right-of-way for the purpose of selling, offering for sale or dispensing ice cream products:
(a) Unless there is a clearly marked sign visible from both front and rear with the wording “CAUTION - CHILDREN” marked upon the vehicle; and
(b) If the vehicle is a motor vehicle, such vehicle is equipped with an automatic backup warning device which is audible for a distance of not less than thirty (30) feet.
(Ord. 537, Sec. 9; Code 2003)
It is unlawful for an ice cream street vendor operating a vehicle to:
(a) Make a U-turn on any block; or
(b) Drive backwards to make or attempt to make any sale.
(Ord. 537, Sec. 10; Code 2003)
It is unlawful for any ice cream street vendor to sell or attempt to sell along any particular route more than three (3) times during a twenty-four (24) hour period.
(Ord. 537, Sec. 11; Code 2003)
No person other than the authorized operator of a vehicle and other persons expressly authorized by the owner or lessee of a vehicle shall be in or upon said vehicle.
(Ord. 537, Sec. 12; Code 2003)
Any person, firm, company, corporation or other entity who shall be found guilty in violation of this article shall be subject to a fine in accordance with the general penalty provisions set out in Section 1-121 of the code. Each day the violation is committed shall constitute a separate violation.
(Ord. 537, Sec. 13; Code 2003)
Should any court declare any section, clause or provision of this article to be unconstitutional or otherwise void, such decision shall affect only such section, clause or provision and shall not affect any other section, clause or provision of this article.
(Ord. 537, Sec. 14; Code 2003)