Amending Chapter 10 Food Vending Vehicles

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ORDINANCE NO. 6670 -79 AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS FOOD AND FOOD ESTABLISHMENTS BY THE ADDITION OF NEW ARTICLE 3, FOOD VENDING VEHICLES. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend recognizes its role in promoting the highest standards of public safety throughout the community. The Council further believes that the public safety of our children is extremely important. Therefore, the purpose of this ordinance is to enact reasonable regulations which would govern food vending vehicles which.sell food items such as ice cream, candy and other food products. This law is designed to reasonably restrict the time and places of such sales, as well as to require certain safety devices on the vehicles. The Common Council believes that such regulations are reasonable and necessary, and are in the best interests of all of our citizens. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 10 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the addition of new Article 3. Food Vending Vehicles which shall read in its entirety as follows: Article 3. Food. Vending Vehicles. SEC. 10 -47. Definitions. (a) As used in this Article: (1) FOOD VENDING VEHICLE means any vehicle from which food items such as ice cream, candy, or other food sundries are sold directly to a consumer at retail, and which is operated on any public road, street, or other place within the Citv. 2) HEALTH OFFICER means the official having the power and jurisdiction to enforce public health laws and regulations within the City. (3) PEDDLER means any person who sells or offers to sell from a Food Vending Vehicle and is licensed pursuant to Section 7 -58 of this rnAo SEC. 10 -48. Selling in Certain Locations, Restrictions. (a) No peddler shall sell or offer to sell from a Food Vending Vehicle within a distance of one thousand (1,000) feet of any real estate which is then used as part of the school grounds of any duly accredited public or private grade, junior high, middle school, or high school between the hours of 7:00 a.m, and 3:30 p.m, on days when said schools are in session. (b) No peddler shall use a giving an audible signal to adve except as provided in Section 13- distance of one thousand used as part of the school group private grade, junior high, middl hours of 7:00 a.m, and 3:30 p.m. an loudspeaker, bell or other device rtise from a Food Vending Vehicle 57 of this Code, and not within a feet of any real estate which is then ground of any duly accredited public or e school, or high school between the on days when said schools are in session.