Ord 3731 9/16/1980 0.
ORDINANCE NO. C) 7j/
ORDINANCE DEFINING ICE CREAM TRUCK; REQUIRING
CERTAIN SAFETY EQUIPMENT: USE OF SAFETY EQUIPMENT;
REQUIRING COMPLIANCE INSPECTION; RESTRICTING
LOCATIONS, TIME PROCEDURE, FOR VENDING; RESTRICT-
ING RIDERS ON VEHICLES; AND ESTABLISHING A PENALTY
FOR VIOLATION.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
SECTION 1. a) The phrase "Ice Cream Truck" shall mean
every motor vehicle in which ice cream, ice milk, frozen dairy
products or ice flavored with syrup are carried for purposes
of retail sale on the streets of Wichita Falls, Texas.
b) Vend or vending shall mean offering ice
cream, ice milk, frozen dairy products or ice flavored with
syrup for sale from a motor vehicle on the streets of Wichita
Falls, Texas.
SECTION 2. Every ice cream truck shall be inspected by
the Wichita Falls Health Department during normal business
hours at 1700 3rd Street, once each year prior to its use in
this City for the purpose of retail sales of frozen dairy
products. The department shall inspect each ice cream truck
to determine whether it complies with this ordinance and
other state and local laws. A fee of $5. 00 shall be collected
for this inspection.
SECTION 3. a) A person shall not vend on any portion
of City streets where the speed limit exceeds 30 miles per
hour or on four-lane divided roadways.
b) A person shall not vend within 500 feet
of any property used as public or private elementary, junior
high, middle or high school from one hour before the regular
school day to one hour after the regular school day; provided,
this subsection shall not apply on days when school is not
attended by children.
c) A person shall vend only when the ice
cream truck is lawfully parked or stopped.
d) A person shall vend only from the side of
the truck away from moving traffic and as near as possible to
the curb or edge of the street.
e) A person shall not vend to a person
standing in the roadway.
f) A person shall not stop on the left side
of a one-way street to vend.
g) A person shall not vend on a street unless
there is a clear view of the ice cream truck for a distance
of 200 feet in each direction.
SECTION 4. The driver of an ice cream truck shall not
back the same to make or attempt a sale.
SECTION 5. a) The driver of an ice cream truck shall
not permit any unauthorized person to ride in or on the vehicle.
b) A person shall not ride in or on an ice
cream truck unless employed by its owner or unless authorized
in writing to do so by the owner or police department.
SECTION 6. The violation of any provision of this article
is hereby declared to be unlawful and upon conviction the
violator shall be punished by a fine not exceeding two-hundred
dollars ($200) . Each twenty-four hour period any violation of
this ordinance shall constitute a separate offense.
PASSED AND APPROVED this the 16th day of September, 1980
MAYOR
ATTEST:
j:Zi-,--)-to2--"A(."-
City Clerk
-2-
■ - -
a,u, - , ivy
1 . Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
ORDINANCE NO.3731 ;,
CREAM ORDINANCE DEFINING ICE
CERTAIN RSAFETYQEQUIP-
MENT: USE OF SAFETY 1980
EQUIPMENT; REQUIRING 1 8
COMPLIANCE INSPECTION; A.D. . personally appeared before me, the undersigned authority
RESTRICTING LOCATIONS,
TIME PROCEDURE, FOR
VENDING; RESTRICTING Mrra Gho Son , bookkeeper
RIDERS ON VEHICLES; AND
ESTABLISHING A PENALTY
FOR VIOLATION. for the Times Publishing Company Anyone violating this ordinance g COmpan of Wichita Falls, publishers of the
will be subject to a fine not to
exceed$ue.°°. Wichita Falls Record News, a newspaper published at Wichita Falls in
Wichita County. Texas, and upon being duly sworn by me, on oath states
that the attached.advertisement is a true and correct copy of advertising
One ( 1)
published in_...._..,.._.— issues thereof or. the following
dates:
September 25, 1980
`t�C N\ �,{�C1.. '`�.r�O-ai -L � *
d°' p`h� Bookkeeper for Times Publishing Company
fP,RY...., f tt of Wichita Falls
sj o ®��A Subscribed and sworn to before me this the day and year first above
Pr`s -- ;•-- !SEAL)
fit
( I.: written.
._< j r"-?-/ / r" .
�• • , 4?
1 �1>, o'0-' PAT CHAMBERLAIN, Notary Public
in and for Wichita County, Texas