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HomeMy WebLinkAbout1984-OR-38 ORDINANCE NO. 84-OR- ~i~.~ An Ordinance concerning the regulation of Vending Vehicles within the City. BE IT ORDAINED by the Common Council of the City of Jeffersonvi]]e, Indiana. This Ordinance shall vending vehicles wJthJn the Indiana· Restrictions SECTION 1 apply to the control of ]imits of the City of all food Jeffersonvi]]e, SECTION 2 It shall be un]awful to engage in the selling or offering for sale any food or other products from and at a motor vehicle between 9:00 P.M. and 8:00 A.M. It shall be un]awful for the driver or operator of any motor vehicle to stop said vehicle for the purpose of selling or offering for sale any food or other products or to se]] or offer for sale any such merchandise, while stopped, to the general public at said vehicle upon any public roadway in Jeffersonvi]]e, IndJana, designated as a thoroughfare by the Common Council of the City of Jeffersonvil]e. The fo]lowing roads, streets, highways, avenues and boulevards are hereby designated as thoroughfares: Tenth Street/State Road 62, Eighth Street, Court Avenue, Market Street/Utica Pike, Spring Street, Eastern Boulevard, Park Place/Chestnut Street, Main Street, Meigs Avenue, Penn Street/Dutch Lane and Springdale Drive/Chippewa Drive· It shall be un]awful for the driver or operator of any motor vehicle to stop said Vehicle for the purpose of selling or offering for sale any foOd or other products or to sell or offer for sale such merchandise at said vehicle while stopped, or to use any loudspeaker, bell or other device giving an audible signal to advertise such merchandise, within one thousand (1,000) feet of any rea] estate which is then used as part of the school grounds of any duly accredited public or private grade, middle school Or high school, between the hours of 7:00 A.M. and 5:00 P.M. on days when said Fe It shall be un]awful for the driver or operator of any motor vehicle to use more than one loudspeaker, be]] or other device, and said loudspeaker, be]] or other device shall not have the capacity or capability to emit a signal louder than eighty (80) decibels at fuji volume, measured at six (6) inches distance from said device, for the purpose of advert~s~ng to the general public the of the vehicle. It shall be un]awful for food, product or presence the driver or operator of any motor vehicle from and at which food or other products are being sold to use any loudspeaker, be]] or other device giving an audible signal to advertise such products or the presence of the vehicle while the vehicle is in motion. It shall be un]awful for the driver or operator of any motor vehicle to stop said vehicle for the purpose of se]ling or offering for sale at said vehicle any food products without having the fo]lowing equipment mounted on the vehicle and in operation during the period of se]ling such products: 1. A metal, horizontally extendible sign at least twenty (20) inches in length and at ]east ten (10) inches in width imprinted with the words "STOP" in six (6) inch, black, block letters on a yellow background and "PROCEED WIT}{ CAUTION" in two (2) inch, black, block letters on a yellow background, such arm to be lighted at the s~reeh end of said arm with two (2) alternately flashing red lights two {2) inches in diameter, clearly visible from both front and rear at a distance of at ]east three hundred (300) of said sign to be at a height above the level of the feet, the bottom of five (5) feet street or way. Go 2. Two (2) alternately flashing red lights not less than four (4) inches in diameter, placed one above the other on the street side of the front end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximat~e]y four (4) fee~ from the surface of the street or way, and clearly visible from not ]ess than three hundred (300) feet from the front of said vehicle. 3. Two (2) alternately flashing red lights not ]ess than four {4) inches in diameter, placed one above the other on the street side of the rear end of the vehicle, when legally parked, not more than one (1) foot apart, the lower of which shall be approximately four (4) feet from the surface of the street or way, and clearly visible from not ]ess than three hundred (300) feet from the rear of sa~d vehicle. It shall be un]awful for any motorist, when approaching a parked, food vending vehicle from any direction at a time when said vehicle is displaying the metal, extendible arm and the for in Section F above, stop at ]east ten (10) flashing lights as provided to fail to come to a complete feet from the closest end of to pass said vehicle. It shall be un]awful to se]] or offer sa~d vehicle or to fail to then proceed w~th caution food or other products from a vehicle for sale any un]ess said vehicle is legally parked and to offer for sale from other than the curb side of a legally parked vending vehicle. It shall be unlawful for the driver or operator of any motor vehicle from and at which food or other products are being sold to se]] from said vehicle or offer for sale from said vehicle any items when the vehicle is not lawfully stopped. It shall be un]awful for the dr~ver or operator of any motor vehicle from and at which food or other products are being sold or being offered for sale to vend to a person standing in a roadway. It shall be unlawful for the driver or operator of any motor vehicle from or at which food or other products are being sold or offered for sale to back to make or attempt to make a sale. said vehicle Prosecution L. It shall be unlawful for any person to violate the provisions of this Ordinance. Upon conviction of a violation of this Ordinance, the violator shall be punished by a dollars ($100.00) nor ($500.00). All fines to the Clerk-Treasurer's office Building on the Fourth Floor of or as directed by the Court. fine of not ]ess than one hundred more than five hundred dollars and penalties shall be payable located in the City-County jeffersonvil]e, Indiana, M. If any provision of this Ordinance is held to be unconstitutional or otherwise invalidated by a Court of competent jurisdiction, the remaining portion of this Ordinance shall not be invalidated. This Ordinance shall be in full force and effect immediately upon its passage, approval by the Mayor and due publication thereof. Duly adopted by the Common Council this , 1984. day of ATTEST: MAYOR DALE L. OREM C. RICHARD SPENCER, JR. CLERK-TREASURER Presented by me as City of Jeffersonvi]]e 1984. Clerk-Treasurer this day of to the Mayor of said C. RICHARD SPENCER, JR. CLERK-TREASURER Approved and signed by me this , 1984. day of MAYOR DALE L. OREM