Village of Massapequa Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 1-7-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Penalties for offenses — See Ch. 1, Art. I.
Noise — See Ch. 218.
Parades and public assemblages — See Ch. 226.
Peddling and soliciting — See Ch. 240.
Vehicles and traffic — See Ch. 322.

§ 330-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ICE CREAM TRUCKS
Every motor vehicle in which ice cream, ice milk and other frozen dairy products, as approved by the Nassau County Department of Health, are carried for the purpose of retail sales on streets of the village.
STREET VENDING VEHICLE
Any vehicle which is used to sell a commodity or provide a service which tends to attract children and travels the roadways within the village making frequent, intermittent and unscheduled stops on roadways or shoulders of the roadways in order to sell said commodities and/or provide such services.

§ 330-2 Equipment.

In addition to equipment required by law, every street vending vehicle operating within the village shall be further equipped with:
A. 
In addition to the other equipment required by law, every street vending vehicle shall be equipped with a swing arm that can be extended horizontally from the left side of the vehicle. That part of the swing arm that is attached to the vehicle itself shall be 7 3/16 inches in height and, when extended outward and to the side of the vehicle, shall extend a length of 18 inches and be flared to a height of 18 inches. Located at the upper and lower corners of the eighteen-inch side will be flashing red lights visible from the front and rear. These lights shall be four inches in diameter and shall flash simultaneously. The background of the sign shall be painted red and shall be reflective. The lettering shall be painted white. In the middle, in letters seven inches in height, shall be painted the word "STOP." The sign shall be lettered and painted on both sides so that it will be visible from both front and rear. The bottom of said sign shall be at a height of not less than 42 inches above the level of the street.
[Amended 10-17-2005 by L.L. No. 6-2005]
B. 
Convex mirrors mounted on the front and rear so that the driver, in his normal seated position, can see the area in front of the truck obscured by the hood and an area in the rear extending across the truck and four feet to the rear of the bumper.
C. 
Signal lamps mounted at the same level and as high and as widely spaced laterally as practicable. These lamps shall be five to seven inches in diameter and shall display two simultaneously flashing yellow lights to the front and two simultaneously flashing red lights to the rear, both of which are visible at 500 feet in normal sunlight upon a straight, level road.

§ 330-3 Use of equipment.

A. 
The driver of a street vending vehicle stopped on the highway for the purpose of selling or offering for sale his commodity or service shall actuate the special flashing lights and extend the swing arm required by § 330-2A and shown on the attached sketches.[1]
[1]
Editor's Note: The sketches are on file in the office of the Village Clerk, where they can be inspected during normal business hours.
B. 
These lights and the swing arm shall not be used when the vending vehicle is in motion nor at any time the vending vehicle is stopped for any purpose other than vending.

§ 330-4 Stop required before passing vending vehicle.

The driver of a vehicle meeting or overtaking a vending vehicle stopped on a roadway shall stop before reaching the vehicle when the flashing lights aforementioned and stop signal arms described are in use. After stopping, a driver may proceed at a reasonable and prudent speed not exceeding 10 miles per hour and shall yield the right-of-way to any pedestrian who crosses the roadway.

§ 330-5 Vending restrictions.

A. 
A vendor shall vend only when the vending vehicle is lawfully and legally parked or stopped.
B. 
A vendor shall vend only from the side or rear of the vehicle, away from moving traffic and as near as possible to the curb or edge of the roadway.
C. 
A vendor shall not vend to a person standing in the roadway.
D. 
There shall be no soliciting of business within 200 feet of a school during school hours.
E. 
Vehicles shall not be parked for the solicitation of business in the vicinity of the shopping districts.

§ 330-6 Other restrictions.

A. 
The driver of a street vending vehicle shall not back the same to make or attempt a sale.
B. 
The driver of a street vending vehicle shall not permit any person under 16 years of age nor any unauthorized person to ride in or on the vehicle.
C. 
The driver of a vending vehicle shall not stop or stand for the purpose of vending within 50 feet of any intersection.
D. 
The operator of any vending vehicle shall not use more than one bell, loudspeaker or other advertising device, and said bell, loudspeaker or advertising device shall not have the capability or capacity to emit a signal louder than 50 decibels at full volume measured at any distance from said device for the purpose of advertising. Operation of the bell or other device shall be only at the time of stopping.
E. 
It shall be unlawful for the driver or operator of any vending vehicle from and at which ice cream, frozen dairy products or ice milk is being vended to use any loudspeaker, bell or other device giving audible signal to advertise said products or the presence of the vehicle while the vehicle is in motion.
F. 
A person operating a vending vehicle shall not stop within any congested area where such stopping or standing may impede or inconvenience pedestrian or vehicular traffic or within 200 feet of any public or private school at any time.
G. 
A person operating a vending vehicle shall not stop for the purpose of vending in one location in any public place or street in the village for more than 10 minutes or in front of any premises for any time if the owner or lessee of such premises objects.
H. 
Time. It shall be unlawful to engage in selling or offering for sale any ice cream or related products from and at a motor vehicle between 9:00 p.m. and 10:00 a.m.
I. 
The driver shall be no less than 18 years of age.
J. 
The driver shall have an acceptable driving record over the past three years. If the license has been in effect for a lesser period, then it shall be for the total period of license possession, but in no event less than one year.

§ 330-7 Inspection.

Every ice cream truck shall be inspected by the appropriate inspection agency or Police Department once each year prior to its use in the village for the purpose of retail sales of frozen dairy products. The appropriate department shall inspect each ice cream truck to determine whether it complies with this chapter of the Village of Massapequa Park and other state and local laws.

§ 330-8 Certificate of insurance.

A certificate of insurance in an amount as specified by the Village Administrator on each vehicle operating in the village shall be submitted.

§ 330-9 Penalties for offenses.

[Amended 6-13-1994 by L.L. No. 19-1994]
Any person convicted of violating any provision of this chapter shall be punishable by a fine of up to the maximum fine allowed by law.