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.