§ 10.40.200. Selling—Prohibited.

A.

Except as otherwise provided in this title, no person shall stand or park any mobile food preparation unit, other type of vehicle, or wagon from which food or drinks intended for human consumption or merchandise, goods, or wares are sold on any portion of any sidewalk, parkway or street within the city, except as follows:

1.

Such vehicle or wagon may stand or park only between the hours of 8:00 a.m. and 6:00 p.m. in a residential zone for a period of time not to exceed 60 minutes. Such vehicle or wagon may park or stand within a commercial zone between the hours of 8:00 a.m. and 6:00 p.m. for a period not to exceed 60 minutes provided the stopping or parking is at the request of an adjacent property owner.

2.

When such vehicle or wagon has once been parked at any one place, regardless of the length of time so parked, it may not be removed and again parked within 500 feet of the place it was initially located within a 4-hour period from the time it was initially parked.

3.

Music, noise or bells used in such vehicle or wagon shall not exceed 5 decibels above the ambient noise level when measured from the property line of any property located on the street.

B.

A mobile food preparation unit desiring to stand or park for more than 60 minutes on private property shall be classified as limited take-out under the zoning code and must comply with applicable provisions, and have access to restrooms within 100 feet of the vehicle.

C.

A vendor may, from a vehicle upon a public street, alley, or place sell commercially prepared and packaged ice cream and/or other frozen dessert items in individually packaged single servings, subject to the following restrictions:

1.

Selling is permitted only between the hours of 8:00 a.m. and 7:00 p.m., during the summer months of June, July, August and September, and only on those days when public schools in the city are not in regular fall or spring session.

2.

Selling is only permitted in those blocks where all property on both sides of the street in the same block, is zoned exclusively for residential use.

3.

Selling activity shall be for a maximum of 5 minutes duration, once during a 24-hour period, in any one block. Music, noise or bells used on the ice cream truck shall be turned off when the truck stops to sell ice cream.

4.

Selling is not permitted within 300 feet of any public or private school or college, or property occupied by a youth service facility.

5.

Vendors must obtain a city health permit and a business license and have those permits in their possession during operations within the city.

6.

Music, noise and bells used on ice cream trucks shall not exceed 5 decibels above the ambient noise level when measured from the property line of any property on the street.

7.

At the time of application for a health permit, the city shall conduct a brief background investigation similar to the type used for taxicab driver permits.

D.

The restrictions set forth in this section shall not apply to:

1.

Vendors who, pursuant to an agreement, license, franchise or permit from the city, operate on property owned or held by the city;

2.

Vehicles or wagons participating in a certified farmers' market at a site within the city;

3.

Catering trucks as defined in Section 8.04.020(EE); and

4.

Vendors required to obtain a New Year's Day business license card pursuant to Section 5.16.070.

E.

Violation of this section may be subject to the administrative proceedings set forth in Chapters 1.25 and 1.26 of this code.

(Ord. 6761 § 4, 1998; Ord. 6691 § 1, 1996: Ord. 6284 § 1, 1988: Ord. 5321 § 1, 1977)