It is unlawful for any person to act as an ice cream or frozen dessert street vendor as defined by § 211-2, without first having obtained a permit as provided by this article.
Before the Borough shall issue any permit required by this article,
the proposed licensee must complete an application supplied by the
Code Enforcement Office.
No person shall operate any vehicle under this article unless
the person is the holder of a valid driver's license.
No person, other than the authorized operator of a vehicle and
other persons expressly authorized by the owner or lessee of a vehicle,
shall be in or upon said vehicle.
A.
Unless authorized under the provisions in Subsection B of this section, it is unlawful to operate a vehicle in the business of an ice cream or frozen dessert street vendor between 8:30 p.m. and continuing until 10:00 a.m. the following day.
B.
Ice cream or frozen dessert street vendors, as defined in this chapter,
may be authorized to conduct such activities within time periods as
determined by the Chief of Police. Such time periods are to be determined
after giving due consideration to the nature of the peddling or soliciting
activity, the location of such activity, and the effect of such activities
on the peace, order and general welfare of the Borough.
No sound device or bell shall be allowed or used by any such
vehicle except that amplified music or chimes are allowed provided
that such are not audible any distance greater than 300 feet and that
they be turned off when the vehicle is stationary for the purpose
of making sales or otherwise. The use of amplified music or chimes
is prohibited before 10:00 a.m. and after 8:30 p.m. of each day.
It is unlawful for an operator to stop, stand or park such vehicle
in any street, alley, avenue, boulevard or sidewalk or other public
right-of-way for the purpose of dispensing its products to customers,
so as to obstruct the free flow of traffic in the street, except that
an operator may stop, stand or park such vehicle, consistent with
posted law, rules and regulations, with its right wheels next to the
curb, but that no vehicle will remain standing in any one location
for a period exceeding 10 minutes.
Operators must conform to the Pennsylvania Vehicle and Traffic
Law, and all other applicable provisions of Pennsylvania state law
and the Borough Code of the Borough of Downingtown. Violations of
the provisions of said laws may be grounds for the suspension and
revocation of a permit issued pursuant to this article.
