[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.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
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.
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.
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.
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.
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.
A certificate of insurance in an amount as specified by the Village
Administrator on each vehicle operating in the village shall be submitted.
[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.
