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HomeMy WebLinkAboutAmending Chapter 10 Food Vending VehiclesORDINANCE No 6670-79 Passed by the Common Council of the City of South Bend, Indiana. Attest: November 15 19 79 e��) 1� IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Ind*ana November 16 19 79 Clerk of Common Council IRENE K. GAMMON Approved and signed by me n City Clerk 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. SEC. 10 -49. Annual Inspection of Food Vending Vehicles by Health Officer and Police Department. (a) Prior to the issuance of a Peddler`s license as set forth in •Section .7-58 of th %s Co.de4 = -a-TI& prior - to.:the use and operation' of an Foo�7' = Veridin Vexiiclo 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 offinp n-F +-hc r�------ � (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 "STOP" 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 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 lights not less than four (4) 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 red 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 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 rear of said vehicle. Written proof of said inspection shall be sent by the Police Department f to the office o the Controller. SEC. 10 -50. Unlawful to Pass 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 come to a complete stop at least ten (10:) feet from the closest end of said vehicle or to fail to then proceed with caution to pass said vehicle. SEC. 10 -51. Violation by Peddler Operating Food Vending Vehicle. Any peddler who operates a Food Vending Vehicle in violation of this Article may be subject to having his Peddler's license suspended or revoked and imposed a fine of up to $100.00 for each violation. -2- SECTION II. In order to enable persons affected by this Ordinance to comply with the provisions hereof, the effective date of this Ordinance shall be delayed until April 1, 1980, after passage by the Common Council, approval by the Mayor, and legal publication. Words added (underlined) 1st READING /if -7� PU6LIC HEARING / / - /t5'- 7 2nd READING 11-1j--2i NOT APPROVED REFERRED PASSED / / - 1-6- 9, dO Member of the Common Council -3- OCT 171979 frees Gar MY EIS, r�rl;i .)O,11 CITY OF SOUTH BEND COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER O. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District MARY CHRISTINE ADAMS At Large RICHARD C. DOMBROWSKI At Large FRANK HORVATH At Large CITY OF SOUTH BEND South Bend, Indiana 46601 October 16, 1979 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Dear Council members: AREA 219 284 -9321 441 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 I am introducing the attached bill which would regulate Food Vending Vehicles. As you are aware, we have several ice cream and candy trucks selling such items throughout our City. Since children are the primary purchasers Of such items, it has become increasingly apparent that further safety regulations are needed. The death this summer of a small child running after such a vehicle, too vividly brings this point home to all of us. Therefore, I have introduced this bill for four basic purposes: (1) It would require annual inspections by the Health. Department of all vehicles prior to a peddler's license being issued. (2) It would require annual inspections by the Police Department of all vehicles to see that the following safety devices are on each vehicle: it A metal extendible sign with.the words Stop" "Proceed With Caution" and which has alternately flashing red lights which at least 300 feet away, g are visible - Two alternating flashing red lights on the front of each vehicle which are visible from at least 300 feet away. October 16, 1979 Page Two - Two alternating flashing red lights on the rear of each vehicle which are visible from at least 300 feet away. (3) It would limit the sale of such items around grade schools, junior high, and middle schools until after 3:00 p.m. on school days. (4) It would provide for suspension or revocation of a peddler's license, and a fine of up to $100.00 for violations. From the amount of telephone calls I have received from concerned parents, I believe that this law is necessary. Due to the new safety devices which would be required, I have suggested an effective date of April 1, 1980, so that there is adequate time to comply with this law. I seek your favorable support. Thank you. Sincerely, r Richard C. Dombrowski Councilman -at -Large RCD /vld attachment f90mmiiIrr Irvart (!o toe ffomum Coma of t4f (Itty of oout4 send: Your Committee OF THE WHOLE to whom was referred A BILL 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. Respectfully report that they have examined the matter and that in their opinion THIS BILL SHOULD BE RECOMMENDS TO THE COUNCIL FAVORABLE- AS AMENDED; D In Section 10 -48 (a) and (b) add, after middle school, "or high school" and change the time from 3 :00 p.m. to 3:30 p.m. FRANK HORVATH Chairman FREL PRESS PUBLISHING co.