City of Monroe, MI
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and City Council of the City of Monroe 5-14-1979 by Ord. No. 79-009. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-27.
Hawkers, peddlers and transient merchants — See Ch. 374.
Licensing — See Ch. 415.
Noise — See Ch. 451.
Parking —  See Ch. 485.
Uniform Traffic Code — See Ch. 680, Art. II.
[Amended 5-31-1983 by Ord. No. 83-007]
As used in this chapter, the following terms shall have the meaning indicated:
ICE CREAM
All frozen desserts of any kind, including, but not limited to, ice cream, ice milk, popsicles or ice sherbets.
ICE CREAM SALES VEHICLE
Every device in, upon or by which any person or property is or may be drawn upon a highway in which ice cream, ice milk, popsicles, ice sherbets or frozen desserts of any kind are carried for purposes of retail sales on City streets.
MOTOR VEHICLE
Every vehicle which is self-propelled.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn on a street, sidewalk or alley.
VEND or VENDING
Offering ice cream, ice milk, popsicles, ice sherbets or frozen desserts of any kind from a vehicle on the streets of the City for retail sale.
VENDOR
Any individual who vends.
[Amended 5-31-1983 by Ord. No. 83-007]
A. 
No person shall engage in the retail sale of ice cream from any vehicle within the City without having first obtained a license therefor. This license is hereinafter called an "ice cream vendor's license."
B. 
No person shall, as a principal, allow a vehicle to be used for the retail sale of ice cream on the streets and public areas of the City without having first obtained a license therefor. This license is hereinafter called an "ice cream sales vehicle license."
C. 
All licenses issued by the City allowing for the sale of ice cream from vehicles shall contain a clause prohibiting the assignment or transfer of the license.
D. 
All vehicular licenses shall be prominently displayed and affixed to the vehicle. All vendor licenses shall be worn by the vendor at all times while vending.
E. 
All licenses granted under this section shall expire on the last day of the calendar year following their issuance.
[Amended 5-31-1983 by Ord. No. 83-007; 6-2-2003 by Ord. No. 03-005]
A. 
Each individual desiring to engage in the business of selling ice cream as a vendor shall make a written application therefor to the office of the Clerk/Treasurer on a form provided by the Clerk/Treasurer. Said form shall contain the following:
(1) 
The full name, permanent residence and local address of the applicant.
(2) 
The name and address of the person, firm or corporation for whom or which the applicant is employed in the retail sale of ice cream.
(3) 
The type of vehicle to be operated by the applicant; if it is a motor vehicle, the applicant shall certify that he or she possesses a valid driver's license.
(4) 
A listing of all criminal convictions of the applicant within the last two years, and all earlier felony convictions.
(5) 
An affidavit that the information contained in the application is accurate and correct.
B. 
Each applicant shall pay to the Clerk/Treasurer an application fee at the time the application is made. A portion of the fee shall be used to conduct a criminal background investigation. In the event that the application is rejected under Subsection C hereof, the portion of the fee not used for the criminal background investigation shall be refunded. Fees shall be established by City Council resolution from time to time.
C. 
If the applicant is to operate a motor vehicle, the Chief of Police shall cause an investigation to be made into the driving record of the applicant. The Chief shall report the findings of his or her investigation to the Clerk/Treasurer, who may, if finding the applicant not to be a safe and competent driver based on said driving record, deny the application.
D. 
Each license issued shall not be transferable or assignable and shall not be valid for more than one year.
E. 
Ice cream vendor's licenses may be suspended by the Chief of Police upon a subsequent conviction of the licensee of a criminal offense, a violation or suspected violation of this chapter or suspicion of fraud in obtaining a license under this chapter. Licenses may be revoked only by the Mayor and Council for the same causes as above specified for suspension, after giving the licensee reasonable notice and an opportunity to be heard.
[Amended 5-31-1983 by Ord. No. 83-007; 6-2-2003 by Ord. No. 03-005]
A. 
Each person, firm or corporation owning or leasing a vehicle from which the retail sale of ice cream will be made shall file an application with the Clerk/Treasurer on a form provided by the Clerk/Treasurer. Said form shall contain the following:
(1) 
The full name, permanent address and local address of the applicant.
(2) 
The name of the business entity which the applicant represents.
(3) 
The type of vehicle which this license will cover, and the motor vehicle registration number or bicycle license number thereof.
B. 
If the vehicle is classified as a motor vehicle, the applicant shall also provide the Clerk/Treasurer with the following:
(1) 
The report of an inspection made by the Monroe Police Department on this particular motor vehicle pursuant to §§ 396-8 and 396-9.
(2) 
A certificate of insurance showing that the applicant is carrying the following minimum amounts of insurance: public liability insurance of $500,000 for injuries, including those resulting in death from any one occurrence and on account of any one accident, and property damage insurance of $25,000 for damages on account of any one accident or occurrence. Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the Clerk/Treasurer by the insurance company.
C. 
The applicant shall pay the license fees as established by City Council resolution. The fee schedule shall be available in the Clerk/Treasurer's office.
A. 
No person shall vend before 8:00 a.m. or after 9:00 p.m.
B. 
No person shall use bells, amplified music or other audible devices to vend between the hours of 5:00 p.m. and 6:00 p.m.
C. 
No person shall vend unless the ice cream truck is lawfully parked or stopped.
D. 
No person shall vend except from the side of the truck away from moving traffic and as near as possible to the curb or edge of the street.
E. 
No person shall vend to a person standing in the roadway.
F. 
No person shall stop on the left side of a one-way street to vend.
G. 
No driver of an ice cream truck shall back the same to make or attempt a sale.
[Amended 5-31-1983 by Ord. No. 83-007]
A. 
No person shall engage in the retail sale of ice cream from a vehicle on any of the following streets: Elm Avenue, North Monroe Street, South Monroe Street, Roessler Street between Elm Avenue and Front Street, Macomb Street between Elm Avenue and Third Street, Winchester Street between Elm Avenue and Third Street, Telegraph Road, Front Street, First Street, Second Street between Smith Street and Scott Street and between Eastchester and Kentucky Avenue, Third Street, Washington Street from Front Street to Third Street, Cass Street from Front Street to Third Street, Scott Street from Front Street to Third Street, North Dixie Highway, North Custer Road, South Custer Road and the Detroit-Toledo Expressway.
B. 
In the Central Business District and the East Side Business District, the prohibitions on places of sale may be waived for a maximum of three days by a resolution of the Mayor and Council.
C. 
Whenever such a waiver is made, other requirements may be established, by resolution, to protect the health, safety and welfare of the City.
A. 
The driver of an ice cream truck shall not permit any unauthorized person to ride in or on the vehicle.
B. 
No person shall ride in or on an ice cream truck, unless he or she is employed by its owner or unless he or she is authorized, in writing, to do so by the owner or the Police Department.
In addition to other equipment required by law, every motor vehicle used as an ice cream truck shall be equipped with:
A. 
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 alternately flashing amber lights on the front of the vehicle and two alternately flashing red lights on the rear of the vehicle, both lights visible at 500 feet in normal sunlight upon a straight level street.
B. 
A convex mirror mounted on the front so that the driver, in his or her normal seating position, can see the area in front of the truck which is otherwise obscured by the hood.
A. 
The driver of an ice cream truck stopped on the streets for the purpose of vending shall actuate the special flashing lights required by § 396-8.
B. 
These lights shall not be used when the truck is in motion or at any time the truck is stopped for a purpose other than vending.
[Amended 5-31-1983 by Ord. No. 83-007]
A. 
Nothing contained in this chapter shall be construed as usurping the authority of the County Health Department or any other entity governing the wholesomeness of food.
B. 
The possession of a license issued under this chapter does not give the licensee the authority to violate any traffic law, ordinance or regulation.