It is unlawful for any person to act as an ice cream or frozen dessert street vendor, as defined by § 460-2, without first having obtained a permit as provided by this article.
[Amended 12-1-2009 by L.L. No. 6-2009]
Before the City shall issue any permit required by this article, the proposed licensee must complete an application supplied by the Clerk/Chamberlain.
The permit fee, as set forth in Chapter A700, shall be paid at the time the application is submitted to the City Clerk/Chamberlain's office. The fee shall be refunded if no permit is issued.
[Amended 12-1-2009 by L.L. No. 6-2009]
There shall be filed with the Clerk/Chamberlain a certificate of insurance covering all motor vehicles operated under this article in such form as the Clerk/Chamberlain may deem proper, issued by an insurance company approved by the State Insurance Commissioner and authorized to do business in the state, insuring the public against injury, loss or damage resulting to persons or property from the use, maintenance and operation of any vehicle operated under this article for which such permit is granted, in an amount as set forth by the New York State Vehicle and Traffic Law or applicable regulations and consistent with the design and use of such vehicle.
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.
Each vehicle used in the operation of an ice cream or frozen dessert street vendor shall be required to pass an annual inspection by the appropriate state or local health agency before a permit may be issued or renewed.
[Amended 9-3-2002 by L.L. No. 13-2002]
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. of each day 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. 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 City.
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 no vehicle will remain standing in any one location for a period exceeding 10 minutes.
Operators must conform to § 1225-b of the New York State Vehicle and Traffic Law and all other applicable provisions of New York State law and the City Code of the City of Fulton. Violations of the provisions of said laws may be grounds for the suspension and revocation of a permit issued pursuant to this article.