[HISTORY: Adopted by the Common Council of the City of Cortland 8-5-1969 as Ch. 10,
Art. V, of the 1969 Code of Ordinances. Amendments noted where applicable.]
[Amended 3-2-1971 by Ord. No. 1971-3; 5-7-1996]
As used in this chapter, the following terms shall have the
meanings indicated:
A building or store in which a person transacts business
and deals in the goods, wares and hawks, peddles or solicits during
regular business hours daily.
Any raw, cooked or processed edible substance or beverage
or ice cream, ice products or frozen desserts.
A person who hawks, peddles, sells or offers food for sale
in any public space or public place.
Any person, either as principal or agent, who, in any public
street or public place, or being engaged in going in and upon private
residence properties and contacting or attempting to contact the occupants
of such premises, sells or attempts to sell, or carries or exposes
for sale, any type of goods, foods, wares and merchandise, regardless
of the time or manner of delivery of such goods, foods, wares and
merchandise.
A vendor who sells ice cream as a primary product from one
motor vehicle and along public streets.
[Added 3-4-2014 by L.L. No. 1-2014]
Any City park.
All publicly owned roadways, streets, sidewalks or rights-of-way.
Any wheeled vehicle or device used by a food vendor, other
than a motor vehicle or trailer, which may be moved with or without
assistance of a motor vehicle and which does not require registration
by the Department of Motor Vehicles.
Any person, either as principal or agent, who being engaged
in going in and upon private residence properties, solicits, requests
or accepts orders by telephone, or stands in any public street or
public place, takes or offers to take orders for goods, foods, wares
and merchandise, or for services to be performed in the future, or
for making, manufacturing or repairing any article or thing whatsoever
for future delivery.
A movable, portable or collapsible structure, framework device,
container or other contrivance used by a food vendor for displaying,
keeping or storing any food or article required by them while acting
as such vendor.
A motor vehicle or trailer, as defined in the Vehicle and
Traffic Law or as otherwise defined in the Code of the City of Cortland.
To hawk, peddle, sell or offer to sell food on public space.
A.
Prohibited. The practice of going in and upon private residences
and apartments in the City, or in any manner attempting to gain entrance
thereto, or disturbing, molesting or interfering with the occupant
or occupants of such residences and apartments by peddlers is hereby
forbidden.
B.
Notice to be posted. This section shall not be effective, however,
except in those cases where the occupant or occupants of such premises
have cause to be placed in a conspicuous place near the front entrance
door or doors thereof a notice directed to peddlers, stating that
the occupant or occupants of such premises do not desire to be approached,
molested or in any manner interfered with by peddlers, and forbidding
such approach, molestation or interference.
Any notice with the first line reading "NOTICE TO PEDDLERS" in printed letters at least 1 1/4 inch high and containing in the body thereof in legible writing or printing the information that the owner or occupants do not care to be approached or in any manner molested by any person offering for sale or selling any merchandise of any kind whatever for present or future delivery shall be deemed a sufficient compliance with the provisions of this chapter and shall make this chapter effective as to the premises where such notice is placed as provided in § 213-2.
Nothing contained in this chapter shall prohibit a peddler from calling and attempting to gain entrance to any private residence or apartment protected by the notice described in § 213-3 in any case where such peddler has been expressly invited by the owner or occupant to call at such residence or apartment.
It shall be unlawful for any peddler to sell or attempt to sell
within the City any goods, wares or merchandise during the period
from one hour after sunset to one hour after sunrise during any weekday,
and it shall likewise be unlawful for any peddler to sell, attempt
to sell within the City any goods, wares or merchandise on Sunday.
[Amended 3-2-1971 by Ord. No. 1971-3; 7-6-1971 by Ord. No.
1971-20; 4-4-1972 by Ord. No. 1972-3; 4-18-1972 by Ord. No.
1972-5; 5-7-1996]
A.
Issuance. It shall be unlawful for any person within the City to act as a hawker, peddler or solicitor, as these terms are defined in § 213-1 of this chapter, without first obtaining a license therefor from the City Clerk.
B.
Exemptions.
(1)
Nothing in this chapter shall apply to sales conducted pursuant to
statute or by order of any court, or to any persons selling personal
property at wholesale to dealers in such property.
(2)
The provisions of this chapter, other than as set forth in Subsection C(3) or D of this section, shall not apply to merchants having an established place of business within the City or their employees, except as provided in this chapter, or authorized vendors as provided in this chapter; to farmers and truck gardeners who themselves or through their employees vend, sell or dispose of the products of their own farms or gardens; to honorably discharged veterans of the armed forces properly exercising a license issued pursuant to the General Business Law; or to berry pickers who sell berries of their own picking.
C.
Certificate of compliance.
(1)
This chapter also shall not apply so as to interfere unlawfully with interstate commerce. Any person claiming to be engaged in interstate commerce or claiming any of the exemptions set forth in Subsection B(2) of this section shall apply to the City Clerk for a certificate of compliance, using the form of application described in § 213-7 of this chapter. If an applicant claims an exemption due to being engaged in interstate commerce, the applicant must submit satisfactory proof to the City Clerk that they are legitimately and legally engaged in interstate commerce. This proof shall be submitted at the same time as the application. When the applicant shall have established to the satisfaction of the City Clerk that they are engaged in interstate commerce or is entitled to one or more of the above exemptions, the City Clerk shall issue to them without charge a certificate of compliance, stating among other things that the applicant has complied with the requirements of this section and has satisfactorily established that they are engaged in interstate commerce or is entitled to one or more of the above exemptions. The certificate or a copy thereof shall be carried with the person availing themself of it and shall be exhibited upon demand. The certificate shall be valid only for one year from its date of issue. The securing of a certificate of compliance by fraud or misrepresentation by any person not engaged in interstate commerce or entitled to one or more of the above exemptions shall constitute a violation.
(2)
Any person who sells or attempts to sell, or carries or exposes for
sale, any type of goods, wares and merchandise from a stock they maintain
or to which they have access, if located in New York State, shall
not then be considered to be engaged in interstate commerce whether
the goods, wares and merchandise are delivered on consignment or otherwise
and regardless of the point of origin of the goods, wares and merchandise.
D.
Food vendor licenses. It shall be unlawful to act as a food vendor
or to vend food from any vehicle, pushcart or stand in a public space
or park without having first obtained a license in accordance with
the provisions of this chapter.
(1)
License application. Application for a license shall be made in writing
to the City Clerk by the person to be licensed on forms to be furnished
by said Clerk. The application shall contain such information as the
name and address of the applicant, the name and address of the owner
of the established place of business by whom the licensee is employed
or authorized and such other information as the Clerk may reasonably
require.
(2)
Requirements for issuance of license. No license shall be issued
by the City Clerk until:
(a)
The applicant obtains a statement from the Health Department
advising the City Clerk that the applicant meets the requirements
of the Sanitary Code of the State of New York and/or the County of
Cortland and the rules and regulations therein contained.
(b)
The applicant submits a sworn statement from the owner of the
established business that the applicant is an employee of the owner
or is a person authorized by the owner to vend in the public space
immediately in front of the owner's established business store front.
(c)
The applicant and the owner of the established place of business
submit a statement agreeing to indemnify and save harmless the City
of Cortland, its agents, officers and employees thereof, from all
claim suits or actions of every name or description brought against
the City, its officers, employees or agents, on account of injuries,
death or damages to persons or property received or sustained or alleged
to be sustained by any person or persons arising out of the license
issued herein or in any permit or permission granted to the applicant
to vend at any public space or park.
(d)
The applicant submits a comprehensive general liability insurance
policy in form acceptable to the corporation counsel, including products
liability and bodily and property damage coverage, insuring the City
of Cortland and the applicant from all claims from damage to property
or bodily injuries, including death, which may arise out of any license
or permit or permission issued herewith. The minimum requirements
for insurance are as follows:
[1]
Commercial general liability: $1,000,000 each occurrence and $2,000,000
aggregate.
[2]
Property damage: $1,000,000 each occurrence and $2,000,000 aggregate.
[3]
Auto liability, where applicable: $1,000,000 combined single limit.
[4]
The certificate must give a description of the activity or use of
City property along with the date the activity will take place. The
cancellation section of the certificate of insurance should read "30
days' written notice."
(e)
The applicant submits written approval from the Fire Chief in
the event that a propane tank heat-producing device or open flame
is to be used in conjunction with the applicant's food vending.
(f)
The applicant submits proof that the New York State Department
of Taxation and Finance has issued a certificate of authority to the
applicant for the collection of sales tax in connection with the applicant's
vending operation. Furthermore, if the applicant holds a license for
the year previous to the year for which an application is being submitted,
the applicant shall, at the request of the City Clerk, submit with
the application for a new license, copies of all sales tax returns
filed with the New York State Department of Taxation and Finance for
the previous 12 months.
(4)
Duration of license. Each license shall expire, unless sooner revoked
as herein provided, on December 31 of the year in which it is issued.
(5)
Identification. Each vendor shall affix to their pushcart or stand,
in a conspicuous place where the same can be seen during the term
of said license, the license issued by the City Clerk.
(6)
Restrictions. No food vendor shall conduct business in any public
place or space other than for which they are licensed. The City Clerk
shall not issue a license to any applicant to operate for any public
place other than the area immediately in front of the established
place of business in the area between the front of the owner's place
of business and the curb and between the boundaries of said store
front extended out to the curb. The vendor shall also adhere to the
following:
(a)
All vendors conducting business from a pushcart or stand must
regularly pick up all papers, cartons, rubbish or any debris in any
form which is deposited within a radius of 25 feet from the vendor's
stand, pushcart or vehicle.
(b)
Each vendor conducting business at a public place shall maintain
suitable waste containers adjacent to their pushcart or stand for
the placement of litter by customers or any persons and shall duly
dispose of said litter in accordance with the City of Cortland regulations.
(c)
No pushcart or stand shall occupy more than 24 square feet of
an area.
(d)
No vendor shall carry on their business in a loud or boisterous
manner, advertise their wares by calling or shouting or advertise
their wares by ringing any gong or bell or playing or causing to be
played any mechanical or electrical musical sound device.
(e)
No vendor shall ring any gong or bell or cause to be played any mechanical or electrical musical sound device to advertise their wares or in aid of their business, except as provided in § 213-15.
[Amended 3-4-2014 by L.L. No. 1-2014]
(f)
No vendor shall attach or have attached any flashing or revolving
light or lights in aid of their business except those permitted by
law.
(g)
No license authorized herein shall be transferred or assigned,
and any permit issued shall be deemed a bare license revocable as
provided herein. The licensee shall not acquire any property interest
in the area for which the permit is issued.
(h)
No vendor shall place the stand in the public right-of-way so
as to impede pedestrian traffic or so as to create a hazardous condition.
(7)
Permit to vend in certain parks.
(b)
The City Clerk is hereby authorized to award permits for the locations designated in Subsection D(7)(a) hereof, annually, which shall run from January 1 to December 31, after public notice as follows:
[1]
Notice that such food vendor permits will be awarded by lottery
shall be published once in the official newspaper of the City of Cortland
on the first Monday of December. Such advertisement shall contain
a statement of the time and place applications can be received and
the date of awarding said permits. The City Clerk shall select a date
in January to award such permits. The City Clerk shall also select
a maximum of two alternate applicants who shall be eligible in order
of selection to a site which becomes eligible during the year.
[2]
The lottery shall be conducted as follows: An applicant who is selected in the lottery shall have the opportunity, in the order the applicant's name is drawn in the lottery, of selecting any location specified in Subsection D(7)(a) hereof which has not been previously selected. Application forms for permits to be awarded by lottery shall be provided by the City Clerk. In the event that there are more sites available than license applications, each applicant shall be given an opportunity in the same order as they are selected in the lottery to apply for an additional site. This process shall continue until all of the sites are awarded.
[3]
No application shall be accepted by the City Clerk unless the
applicant provides evidence of the following:
[a]
Deposit of $150 by certified check made payable
to the City of Cortland, which said sum shall be credited toward the
annual license fee of the applicant awarded the permit for said location.
Deposits shall be returned to any applicants not receiving an opportunity
to select a location permit. However, the deposit shall not be refunded
to an applicant who has been awarded a permit and elects not to vend
at said location; or who selects a location in the lottery and subsequently
elects not to accept the permit for said location.
[b]
Compliance with Subsection D(2)(a), (c), (d) and (e), except that an applicant may submit a letter from an insurance company certifying that a comprehensive liability insurance policy, as provided for in Subsection D(2)(d), shall be submitted to the City Clerk within 48 hours upon awarding of a permit as herein provided.
[c]
In the event that the recipient of a permit does
not commence operation at the permit location by June 1, except for
Yaman Park which shall be by the date set as the opening day of the
park, and occupy and operate at said location for economic benefit,
the City Clerk shall revoke the permit issued for the year and shall
offer the location to an alternate as heretofore provided and who
shall be required to pay the annual license fee and comply with the
terms of this chapter. No licensee may place a stand in a park until
the same is officially opened by the Director of the Cortland Youth
Bureau.
[d]
No permits authorized herein shall be transferred
or assigned, and any such permit shall be deemed a bare license or
consent revocable as herein provided. The recipient of the permit
shall acquire no proprietary interest in the area for which a permit
is issued.
[e]
The Director of the Cortland Youth Bureau, in conjunction
with the City Clerk, is hereby authorized to revoke any permit herein
issued upon 10 days' written notice, except that in the event of an
emergency, which shall be determined by the Director of the Cortland
Youth Bureau, said permit shall be revoked immediately.
[f]
The food vendor awarded a permit for a City park
may use a vehicle, subject to the prior approval of the Director of
the Cortland Youth Bureau, except at Yaman Park where the food vendor
shall operate out of the existing facility owned by the City of Cortland.
The exact location of the food stand within the City park shall be
determined by the Director of the Cortland Youth Bureau.
(8)
Revocation of license. Notwithstanding any other provision contained
in this chapter, any license or permit issued pursuant to the provisions
of this chapter may be revoked by the City Clerk upon notice and hearing
for any of the following causes:
(a)
The City Clerk has been advised by the City of Cortland Code
Office or Fire Department or the County Health Department or any other
state or municipal agency that such vendor has violated any of the
provisions of law or the Sanitary Code or rules or regulations therein
contained.
(b)
A false or fraudulent statement is contained in the application
for a license or application for any permit or permission.
(c)
A fraudulent or false statement is made in connection with the
selling of any food item.
(d)
The vendor violates any provision of this chapter.
(9)
Temporary suspension of permits. Any permit issued by the City Clerk
may be suspended by the City Clerk for a community event designated
by the Common Council for a period of not to exceed seven days.
(10)
Penalties for offenses. Any person violating any of the provisions
of this chapter shall be guilty of an offense and shall, upon conviction
thereof, be liable to a penalty or fine of not more than $250.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
Form, contents. Any person who seeks the issuance of a license as provided in § 213-6 shall file with the City Clerk a written application upon a form to be furnished by the City Clerk, and shall file at the same time satisfactory proof of good character. Such application shall give the number and kind of vehicles if any, to be used by the applicant in carrying on the business for which the license is required, the kinds of goods, wares and merchandise they desire to sell or the kind of service they desire to perform, the method of distribution, the names, permanent and local address and age of the applicant, the name and address of the person they represent, the length of time the applicant desires a license, and such other information as may be required by the City Clerk.
B.
Accompanying documents. Such application shall be accompanied by
a certificate from the sealer of weights and measures that all weighing
and measuring devices, if any, to be used by the applicant have been
examined and approved.
C.
Bond, conditions, amount, duration. All application for a license
as a solicitor who demands, accepts or receives a payment or deposit
of money in advance of final delivery, shall also be accompanied by
a cash deposit or bond to the City, the bond to be approved as to
form and security by the corporation counsel of the City, the cash
deposit or bond to be in the penal sum of $500 with sufficient surety
or sureties or sufficient collateral security as to the bond, conditioned
for making a final delivery of the goods, wares and merchandise ordered
or services to be performed in accordance with the terms of such order
or failing therein that the advance payment or deposit of money for
such order be refunded. Any person aggrieved by the action of any
licensed solicitors, shall have a right of action on the bond for
the recovery of money or damages or both. Such bond shall remain in
full force and effect, and in case of a cash deposit, such deposit
shall be retained by the City for a period of 90 days after the expiration
of any such license, unless sooner released by the City Clerk.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
Grant; refusal. Upon the filing of the application as provided in § 213-7 of this chapter, the City Clerk shall, upon their approval of such application issue to the applicant a license as provided in § 213-6 of this chapter. Except as hereinafter provided, no license shall be refused except for a specific reason and for the protection of the public safety, health, morals or the general welfare.
B.
Use. A license shall not be transferable. Any holder of such license
who permits it to be used by any other person, and any person who
uses such license transferred to any other person, shall each be guilty
of violation of this chapter.
C.
Contents. All licenses shall be issued in duplicate, the original
to be given to the person applying for a license and the duplicate
to be kept by the City Clerk, numbered in the order in which they
are issued, and shall state clearly the kind of vehicle, if any, to
be used, and the kind and type of goods, wares and merchandise to
be sold or service to be rendered, the dates of issuance and expiration
of the license, the fee paid and the name and address of the licensee.
D.
Display. Every licensee, while exercising their license, shall carry
the license with them and shall exhibit the same upon demand, or if
engaged in telephonic solicitation, shall upon each completed call
immediately state their name, address and number of their license.
[Amended 3-2-1971 by Ord. No. 1971-3; 4-7-1992]
The following fees shall be paid for a license as required by § 213-6 of this chapter:
A.
Where a vehicle is to be used by the licensee, the fees shall be:
(1)
For the first such vehicle so used: For one year, $75; for any period
less than one year at the rate of $15 per month, except that the minimum
fee shall be $30.
(2)
For each additional vehicle so used by any one licensee: For one
year, $50; for any period less than one year at the rate of $10 per
month, except that the minimum fee shall be $20.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
Number, limited. Any licensee using a vehicle may employ under the same license not more than one person to assist in selling and delivering, but such person shall so act only when accompanying a licensed hawker, peddler or solicitor, and when any additional persons are so employed, an additional license shall be required for each additional person, and the fee fixed in Subsection B of § 213-9 of this chapter shall be paid therefor.
B.
Identification card required. All persons acting as a hawker, peddler
or solicitor, either as principal, agent or employee, shall at all
times carry and on demand display a card of identification issued
by the City Clerk which card shall contain the following information:
the name of the person, a photograph of the person, the name of the
employer and the date of expiration of the employer's license. The
identification cards shall be valid only until the expiration of the
license under which they are issued.
C.
Removal statement required. Each such person shall file with the
City Clerk a statement, including their name, age, permanent and transient
address, if their transient address is different from their permanent
address while engaged in the activity for which a license is required
under this chapter in the City, and the name and address of their
employer. They shall pay to the City Clerk a fee of $2 upon the issuance
of the identification card.
D.
Refusal, revocation of card. The provisions of § 213-12 of this chapter respecting revocation of license shall apply to the revocation of cards of identification. The issuance of a card of identification may be refused upon the same grounds as set forth in § 213-8A of this chapter for the refusal of a license.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
License identification. Every vehicle kept or used by a licensee
in exercise of their license shall be marked on the outside of the
front door on both sides of the vehicle with the number corresponding
to the number of their license and the words "Licensed Vendor," in
plain, distinct and legible letters and figures at least two inches
in height and of such contrasting color as to be readily visible.
Such number and words shall be as nearly in the center of the door
between the bottom of the window frame and the bottom of the door
frame as is possible. Such number and words shall be kept in such
a state of repair during the term of the license that they remain
readily visible.
B.
Name, address of licensee. Every vehicle kept or used by a licensee in exercise of their license shall be marked on the outside of the front doors on both sides of the vehicle with their name and address in plain, distinct and legible letters and figures at least two inches in height and of such a contrasting color as to be readily visible. Such name and address shall be placed no more than two inches below the required information as contained in Subsection A hereof. Such name and address shall be kept in such a state of repair during the term of the license that they remain readily visible.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
The City Clerk may at any time, for a violation of this chapter or
any other ordinance or law, revoke the license. When a license shall
be revoked, no refund of any unearned portion of the license fee shall
be made.
B.
Notice of such revocation and the reason or reasons therefor set
forth in writing, shall be served upon the person named in the application
by delivering the notice to them personally or by mailing the notice
to the address given in the application; such revocation shall be
immediately effective if served personally and shall become effective
48 hours after mailing if service is made by mail.
C.
Licenses obtained by fraud or misrepresentation of any material fact
shall be invalid ab initio and shall be surrendered upon demand; no
refund of any portion of the license fee shall be made.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
Unlawful sales. A hawker, peddler or solicitor shall not in any manner
misrepresent the quantity, quality or fitness for a particular use
of any item offered for sale, or offer for sale any unwholesome, tainted
or diseased provisions or merchandise.
B.
Sanitary conditions. A hawker, peddler or solicitor shall keep the
vehicles and containers used by them in a clean and sanitary condition
and foodstuffs and edibles offered for sale well covered and protected
from dirt, dust and contamination by any inanimate or animate object.
C.
Noises. A hawker, peddler or solicitor shall not blow a horn, ring
a bell or use any other type of disruptive or discordant noisy device
to attract public attention to their goods, wares and merchandise,
or shout or cry their goods, wares and merchandise.[1]
D.
Use of vehicles. A hawker, peddler or solicitor shall not stand or
permit any vehicle used by them, to stand or be parked in any one
place in any highway or public place for more than 10 minutes at any
one period of time.
E.
Obstructions. A hawker, peddler or solicitor shall not create or
maintain any booth or stand or place any barrel, box, crate or other
obstruction upon any street or public place for the purpose of selling
or exposing for sale any goods, wares and merchandise.
F.
Measuring devices. A hawker, peddler or solicitor shall not use any
weighing or measuring device unless it shall have been examined and
sealed by the City Sealer of Weights and Measures.
[Amended 3-2-1971 by Ord. No. 1971-3]
A.
Applicability of provisions. The provisions of this section shall
not apply to any religious corporation organized under the Not-For-Profit
Corporation Law, nor to solicitations at the regular exercises or
services of any lodge, benevolent order, or fraternity or sorority,
or any branch thereof, whenever such solicitation is made at the regularly
appointed meetings, and regular places of worship of a corporation
organized under the Not-For-Profit Corporation Law or the regular
exercises or services of the lodge, benevolent order or fraternity
or sorority.
B.
License, authorization card required. It shall be unlawful for any
person, organization, society, association or corporation or their
agents or representatives to solicit money, donations of money or
property, or financial assistance of any kind upon the streets, in
office or business buildings, by house-to-house canvass or in public
places in the City, except upon a license issued by the City Clerk
and authorization card issued by the person, organization, society,
association or corporation who or which solicits. The authorization
card shall at all times be carried on the person who solicits and
on demand be displayed. The authorization card shall contain the following
information: the name of the person, the name of the employer and
the date of expiration of the employer's license. The authorization
cards shall be valid only until the expiration of the license under
which they are issued.
C.
Application for license; contents. A written application upon a form
to be furnished by the City Clerk to solicit financial assistance
for any cause whatever as provided in this chapter shall be delivered
to the City Clerk at least two weeks in advance of the first day of
solicitation, or as soon as possible in advance of the first day of
solicitation if the solicitation is of an immediate nature, and such
application shall contain the following information:
(1)
The name and purpose of the cause for which permission is sought.
(2)
The names and addresses of the officers and directors of the organization.
(3)
The time for which permission is sought and the localities and places
of solicitation.
(4)
Whether or not any commissions, fees, wages or emoluments are to
be expended in connection with the solicitation.
(5)
Any other pertinent information the City Clerk shall require.
D.
Statement of finances. The City Clerk, before granting permission
to solicit funds or donations as provided in this section, may require
the applicant to file with them a sworn statement of all moneys collected
in the calendar year or the fiscal year of such organization, society,
association or corporation previous to the application, the expenditures
connected therewith, together with the names and addresses of all
persons receiving commissions, fees, wages or emoluments and the amounts
so expended in each category.
[Added 3-4-2014 by L.L. No. 1-2014[1]]
A.
Required all licenses within Charter for food vendors: health, general
liability, etc.
B.
Vendor is not allowed to have more than two vehicles licensed at
any time.
C.
Vendor is not allowed to have at any time more than two vehicles
operating within City limits.
E.
Vendor is prohibited from interfering with pedestrian or vehicle
traffic in the City of Cortland.
F.
Cannot be within 500 feet of any school property between 1/2 hour
prior to start of school day and 1/2 hour after dismissal at end of
the school day.
G.
Cannot be within 500 feet of any standing establishment selling ice
cream as its primary product.
H.
All persons driving must be 18 years of age and have proof of drivers
license.
I.
Wherever vehicle sells product it is owner's responsibility to make
sure there is no litter (papers, wrappings, any other debris or refuse)
from the conduct of business.
J.
Sound system may be used (a jingle that customers associate with);
but no verbal announcements.
K.
Vendor while conducting business on public streets is required to
take precautions in making sure any pedestrian is protected from being
struck by another vehicle.
L.
Vendor while being able to travel and sell product must obey all
motor vehicle laws.
[Amended 3-2-1971 by Ord. No. 1971-3]
If any section or provision of this chapter shall at any time
be declared to be unconstitutional, it is the expressed legislative
intent that no other section or provision hereof be thereby affected.
[Amended 3-2-1971 by Ord. No. 1971-3]
Any person violating any of the provisions of this chapter shall be guilty of a violation, punishable as provided in § 1-22 of the Code of the City of Cortland.
