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Home My WebLink AboutAmending Various Sections Chapter 10 Food Vending VehiclesORDINANCE No. Passed by the Common Council of the City of South Bend, Indiana OCTOBER 13, 19 80 IRENE K. GAMMON Attest: Presented by me to the Mayor of the City of South Bend, Indiana OCTOBER 14, r9 80 Clerk of Common Council Ci Clerk IRENE K. GAMMON Approved and signed by me C ��-(�i 1�, / S7 �9 it1 M/ , /' ORDINANCE NO.( AN ORDINANCE AMENDING VARIOUS SECTIONS WITHIN CHAPTER 10, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, COMMONLY REFERRED TO AS FOOD VENDING VEHICLES STATEMENT OF PURPOSE AND INTENT On November 15, 1979, the South Bend Common Council passed Ordinance No. 6670 -79, which established certain safety and health regulations for food vending vehicles. Certain areas of this law are in need of further clarification in the hope of strengthening its public safetv aspects_ Therefore the Common Council believes that the incorporation of proof of liability insurance coverage for such food vending vehicles, and the designation of amber lights on such vehicles, would be in the public's best interests: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 10, Article 3, Section 10 -49 of the Municipal Code of the City of South Bend, Indiana, is hereby amended as follows: SEC. 10 -49. Annual Inspection of Food Vending Vehicles by Health Officer and Police Department, Proof of Liability Insurance Coverage Required. (a) Prior to the issuance of a'Peddler's license as set forth in Section 7 -58 of this Code, and prior to the use and operation of any Food Vending Vehicle under this Article, the vehicle shall be thoroughly examined and inspected by the Health Officer to determine compliance with the minimum sanitation and health requirements specified by the State Board of Health. Written proof of said inspection shall be sent by the Health Officer to the office of the Controller. (b) Prior to the issuance of a Peddler's license as set forth in Section 7 -58 of this Code, and prior to the use and operation of any Food Vending Vehicle under this Article, the vehicle shall be thoroughly examined and inspected by the Police Department and found to have the following safety equipment on said vehicle and found to be in good working order: (1)A metal, horizontally extendible sign at least twenty (20) inches in length and at least ten (10) inches in width imprinted with the words 'STeP- "SLOW" in six (6) inch, black, block letters on a yellow background and "PROCEED WITH CAUTION" in two (2) inch, black, block letters on a yellow background, such arm to be lighted at the street end of said arm with two (2) alternately flashing red amber lights two (2)inches in diameter, clearly visible from both front and rear at a distance of at least three hundred (300) feet, the bottom of said sign to be at a height of five (5) feet above the level of the street or way. (2) Two (2) alternately flashing red amber lights not less than four inches in diameter, placed one above the other on the street side of the front end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not less than three hundred (300) feet from the front of said vehicle. (3) Two (2) alternately flashing reed amber lights not less than four (4) inches in diameter, placed one above the other on the street side of the rear end of the vehicle, when legally parked, not more than one (1) foot aprt, the lower of which shall be approximately four (4) feet from the surface of the street or.way, and clearly visible from not less than three hundred (300) feet from the rear of said vehicle. Written proof of said inspection shall be sent by the Police Department to the office of the Controller. (c) Prior to the issuance of a Peddler's license as set forth in Section 7 -58 of this Code, and prior to the use and operation of any Food Vending Vehicle under this Article, proof of liability insurance coverage in an amount of not less than fifty thousand dollars ($5)1000.00) for injury to or destruction of property as a result of any one occurrence, and public liability coverage of accidental bodily injury including death, to any member of the public in an amount of not less than one hundred thousand dollars ($100,000.00) for all public liability from any one occurrence, must be filed with the Office of the City Controller. (d) The policy of insurance filed with the Office of the Controller must also contain the following provision: "The City through the Office of the City Controller will be given fifteen (15) days notice prior to the effective date of the cancellation or other material change of this Dolicv." SECTION II. Chapter 10, Article 3, Section 10 -50 of the Municipal Code of the City of South Bend, Indiana, is hereby amended as follows: Sec. 10 -50. Motor Vehicles Required to Slow Down Before Passing a Stopped Food Vending Vehicle. It shall be unlawful for any motorist, when approaching a parked, food vending vehicle from any direction at a time when such vehicle is displaying the metal, extendible arm and the flashing lights as provided for in section 10 -49 of this Code, to fail to eexte- ta- a- ee�tg�ete- step -at- feast- tee - { }g }- feet- ��er�t- tl�e- elesest -end e�- sales- v= ekle�e- e�- te- ta��- ta- tl�e�- p�eeeee� -�a }tip- eat�t }es -te- pass -sale v*ehiele- slow down when approaching, and then to proceed with caution to pass said vehicle. SECTION III. The effective date of this ordinance shall be delayed until January 1, 1981, after passage by the Common Council, approved by the Mayor, and legal publication. 15t READING 9 /.S =-eo PUBLIC HEARING 2nd READING NOT APPROVED REFERRED PASSED -2- s r of -tne Common Counc F11 e3 ME . _ j Irene Gammon CITY CLERK, SOUiIi SEND, IND. Toinmlttrr Irport 'Io t4t (110MMn (founril of of etty of *old# ]Bend: Your Committee Of the Whole to whom was referred A BILL amending various sections within Chaptex 10, Article 3 of the Municipal Code of the City of South Bend, Indiana, commonly referred to as Food Vending Vehicles. Respectfully report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable. Walter M. Szymkowiak Chairman FREE PRESS PUBLISHING Co. CITY of SOUTH BEND COMMON COUNCIL 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 ZSinc rely, .1_1< Richard C. Dombrowski Councilman -at -Large RCD /vls attachment AREA 219 284 -9321 September 9, 1980 LEWIS A- McGANN President BEVERLIE J. BECK Vice President WALTER M. SZYMKOWIAK Chairman, The South Bend Common Council Committee of the Whole 4th Floor County -City Building South Bend, Indiana 46601 JOSEPH T. SERGE First District Dear Councilmen: WALTER M. SZYMKOWIAK Second District BEVERLIE J. BECK Third District I am attaching a bill designed to further strengthen our ordinance LEWIS A. McGANN Fourth District covering food vending vehicles. ROBERT G. TAYLOR Fifth District WALTER This bill would basically do three things: T.KOPCZYNSKI Sixth District -' 1 BEVERLY D. CRONE At Large • require proof of liability insurance coverage of vendors RICHARD C. DOMBROWSKI operating food vending vehicles; At Large -. JOHN VOORDE At Large 2. require amber lights rather than red lights on each vehicle, and 3. require motorists to slow down rather than stop when approaching a stopped food vending vehicle which has its horizontal arm extended and lights flashing. Several members of the public were instrumental in these changes. suggesting I believe that elementary school children should be aware of this law, and should be encouraged to incorporate it into their safety programs. I seek your support of this important public safety bill. Thank you. ZSinc rely, .1_1< Richard C. Dombrowski Councilman -at -Large RCD /vls attachment