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HomeMy WebLinkAbout1433 08-08-2000ORDINANCE NO. 1433 AN ORDINANCE AMENDING CHAPTER42 "HEALTH AND SANITATION" OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS, AS AMENDED; ADDING A NEW SECTION 42 -39 "ADDITIONAL REQUIREMENTS FOR MOBILE ICE CREAM VENDORS AND OTHER VEHICLES VENDING PRODUCTS TO CHILDREN ", PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless recognizes that certain types of Mobile Food Vendors provide their service primarily to children; and WHEREAS, the City of Euless recognizes that the primary point of sale for these products is public streets; and WHEREAS, the City of Euless recognizes that there are inherent possible dangers associated with this type of vending; and WHEREAS, the City of Euless desires and intends to create a safer environment for conducting this business. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 That a new section 42 -39 entitled "Additional Requirements for Mobile Ice Cream Vendors and Other Vehicles Vending Products to Children" be added to Chapter 42 of the City of Euless Code of Ordinances to hereafter be and read as follows: (a) Additional Requirement for Issuance of Permit (1) All drivers of Ice Cream Trucks and other vehicles vending products to children shall submit a copy of their commercial driver's license to the City and obtain the permit described in this Article before operating such vehicle. A commercial driver's license is required. (2) All permit applicants shall provide proof of automobile insurance according to state law along with the application. (3) All applicants shall be subject to a criminal history background check, and shall consent to such check as a condition of application. A conviction for any offense involving actual or attempted homicide, kidnapping, assault or assaultive offenses, unlawful sexual conduct or assault, theft (including r000eiy or ourgiary), prostiCution or oescenfry snail oe grounus for disqualifications of an applicant. (b) Safety Equipment for Ice Cream Trucks (1) Signs stating "WATCH FOR CHILDREN" must be provided on the front, back, and both sides of the vehicle in at least 4" letters of contrasting colors. (2) The company name, address, and phone number must be on both sides of the vehicle in at least 3" letters of contrasting colors. (3) A serving window, capable of being closed when not in use, must be provided and must be located on the curbside only. (4) Left and right outside rear view mirrors as well as two additional outside wide -angle mirrors on the front and back of the vehicle must be provided to enable the driver to see around the entire vehicle. (5) Operable yellow or amber flashing hazard lights that are clearly visible not less than 100 yards from the mobile unit under average daylight conditions shall be provided. Such lights shall be mounted no more than 12" below the roof of the mobile unit. No fewer than 2 lights shall be visible from each approach. (6) A rear bumper cover shall be installed to prevent children from standing or jumping on the rear of the vehicle. (c) Vending requirements for Mobile Ice Cream Vendors (1) Location a. Mobile ice cream trucks are permitted to vend in an area for no more than 15 minutes, then they must move to another location. b. Mobile ice cream vending is prohibited within City of Euless Parks. C. Mobile ice cream trucks shall not vend within one block of any block containing an elementary or junior high school during school hours or within one hour before or after school hours on a day that school is scheduled to be in session. d. Mobile ice cream trucks shall not vend within 100 feet from an intersection. (2) Hours of Operation Mobile ice cream vending may only occur from 10:00 a.m. to one half hour before sunset. ORDINANCE NO. 1433 PAGE 2 (3) Use of Sound Equipment a. Use of sound equipment shall be limited to music or human speech. b. Sound shall not be audible more than 100 yards from the truck. Sound shall be produced at no more than 80 dBA. C. Sound equipment may only be used from 10:00 a.m. until one half hour before sunset. d. Sound shall not be broadcast within 100 yards of schools during school hours while school is in session, or within 100 yards of hospitals, churches, courthouses, funeral homes, or cemeteries. e. Sound shall be turned off while the vehicle is stopped for vending. (4) Safety Precautions a. Drivers shall check around the vehicle before leaving the area to ensure that children are not remaining. When handing the purchased product to the children, drivers shall make certain traffic is clear, in case a child leaves the truck immediately and fails to observe the hazard of oncoming traffic. b. Child customers shall not be allowed inside the vehicle. This provision shall not apply to children related to the driver within the 3'd degree of consanguinity or affinity, while riding with the driver along the sales route. SECTION 2 SEVERA.BILITY CLAUSE. That it is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 3 SAVING CLAUSE. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 4 PENALTY FOR VIOLATION. Any person, finn or corporation violating any of the tern-is and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon ORDINANCE NO. 1433 PAGE 3 conviction thereof, shall be fined in accordance with Chapter 1, "General Provisions ", Section 1 -12 . veneral renafty, ' t;Wess l,ocle of urafnances. Lace sucfi v101au011 sflaff oC uee111eu d Zlcpdraoc offense and shall be punishable as such hereunder. All such violations shall be considered violations of a provision governing public health and sanitation, and subj ect to the enhanced penalties provided therefor. SECTION 5 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the j?"" day of J e, 2000; by a vote of % ayes, D nays and o abstentions. Aujm6l' APPROVED: Mary Lib leh, Mayor ATTEST: -i Susan Crim, C C /AAE, City Secretary APPROVED AS TO FORM: Bob cFarland, City Attorney G:1Docs\E\Euless\Ordinauc&.Ord - Ice Cream Vendors.wpd 062200 ORDINANCE NO. 1433 PAGE 4