Sec. 26-347. Mobile ice cream vehicles.
(a) Unlawful actions. It shall be unlawful for any person operating or owning an ice cream vehicle to:
(1) Operate or permit the operation of an ice cream vehicle without first obtaining a city general business license.
(2) Operate or permit the operation of an ice cream vehicle without a Colorado retail mobile food service license when one is required due to the nature of food service.
(3) Operate or permit operation of an ice cream vehicle by a person that is not licensed by the State of Colorado to operate a motor vehicle when such licensing is required.
(4) Operate or knowingly permit the operation of an ice cream vehicle by a person that is a registered sex offender or has ever been convicted of any sex crimes involving children.
(5) Fail to verify that employees or contractors hired to operate an ice cream vehicle are not registered sex offenders.
(6) Operate an ice cream vehicle to sell or offer to sell ice cream products, including the playing of music when:
(a) Driving in excess of 10 miles per hour.
(b) On a street wherein the posted speed limit is in excess of 25 miles per hour.
(c) Stationary in excess of 15 minutes unless otherwise permitted as a mobile food truck by the city's Uniform Development Code.
(d) Driving the vehicle in reverse.
(e) Between the hours after sunset and before 10:00 a.m.
(f) On private property, school grounds or park property without prior written permission maintained on the vehicle.
(7) Engage in any transaction or attempted transaction:
(a) When the ice cream vehicle is not lawfully and safely stopped, and the ice cream vehicle's hazard lights are not in operation.
(b) From any part of the ice cream vehicle facing traffic.
(c) When the ice cream vehicle is not as near to the curb or the edge of the roadway as is reasonably possible.
(d) With any person standing in the traveled portion of the roadway or on any median or other traffic control device.
(8) Attempt to entice any person not affiliated with the business into the vehicle or to ride on the ice cream vehicle.
(9) Attempt while operating the ice cream vehicle to entice any children under the age of 18 years of age to meet at another location or contact the operator for reasons not related to the ice cream business without the consent of a parent or guardian.
(10) Operate or permit operation of an ice cream vehicle unless such vehicle:
(a) Is clearly marked and identifiable as an ice cream vehicle.
(b) Is marked in letters and numbers at least three inches in height, with the name and address of the licensee.
(c) Has the city general business license and state retail food licenses either posted or available upon request of the operator.
(d) Is properly licensed and registered by the State of Colorado as required.
(e) Is equipped with safety features including rear and side view mirrors and a convex mirror mounted to the front of the vehicle or a camera so the operator in a normal seating position is capable of seeing the area in front of the vehicle that is obscured by the hood.
(f) Is properly insured with commercial general liability insurance and comprehensive automobile liability insurance, in coverage amounts determined by the finance director and is available upon on request of the operator.
(11) Operate an ice cream vehicle in any manner that endangers the health, safety or welfare of any person or property. (Code 1979, § 30-2; Ord. No. 2022-39, § 2, 7-11-2022; Ord. No. 2014-20, § 2, 7-14-2014)