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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