City of Schenectady, NY
Schenectady County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Schenectady 7-27-1987 by Ord. No. 87-52B.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 182.
Peddlers and vendors — See Ch. 194.
Service food establishments — See Ch. 219.
Vehicles and traffic — See Ch. 248.
[1]:
Editor's Note: This ordinance also repealed former Ch. 251, Vehicles, Vending, adopted 5-10-1976 by Ord. No. 17010, amended in its entirety 7-6-1976 by Ord. No. 17040.

§ 251-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ICE CREAM TRUCK VENDOR
Any vendor who sells ice cream or similar refreshments as a primary product from a motor vehicle and along the public streets.
REFRESHMENT
Any confectionery food, fruit or other edible commodity or drink or carbonated beverage.

§ 251-2 License requirements; fee.

A. 
It shall be unlawful for any person to operate as an ice cream truck vendor without a license and a permit as provided by Chapters 194 and 219. Each person to whom a license and a permit are issued shall receive two vendor seals from the Office of Consumer Protection. Vendor seals shall be affixed to the vehicle used by the licensee in a manner satisfactory to the Office of Consumer Protection.
[Amended 4-3-1989 by Ord. No. 89-43]
B. 
The annual license fee for an ice cream truck vendor shall be $175 per truck.
[Amended 3-18-1991 by Ord. No. 91-11; 1-13-2003 by Ord. No. 2003-1]
C. 
The license shall be placed in a conspicuous place.

§ 251-3 Conduct and general requirements.

A. 
All vendors are prohibited from vending in a manner that interferes with pedestrians or vehicular traffic or other legitimate business in the City of Schenectady and are restricted to secondary streets as designated by the City Engineer and shall in any event be restricted to legal parking spaces and shall not remain therein for a period exceeding 15 minutes.
B. 
Every vehicle which is used to vend ice cream or refreshments along the public streets shall be equipped with a caution arm on the left side, which shall be illuminated or otherwise be equipped with reflective material viewable from a distance of at least 500 feet, and any other device which meets the standards set forth by the Commissioner of Motor Vehicles.
C. 
No vendor shall, directly or indirectly, cause or permit the public streets, sidewalks or places to be littered with papers, wrappings or other debris or refuse where the littering results from the conduct of his business.
D. 
No vendor shall vend between sunset and 9:00 a.m. of the following day, unless otherwise permitted by the Director of Consumer Protection upon application.
E. 
All such vendors herein shall comply with § 182-4 of the Schenectady Code of Ordinances relating to noise and sound reproduction.
F. 
Persons licensed pursuant to the provisions of § 32 of the General Business Law of the State of New York shall be prohibited from vending within the City of Schenectady unless they have obtained a license in accordance with the provisions of this chapter.

§ 251-4 Penalties for offenses.

A. 
Any person who conducts a business without a license required by this chapter or who conducts or attempts to conduct a business during the period when his license is suspended or revoked or who violates any of the terms or provisions of this chapter shall be guilty of a violation.
B. 
Any persons found guilty of a violation shall be liable to a fine which shall not exceed $250 in amount or to imprisonment not to exceed 15 days, or both, in the discretion of the court.
C. 
Any person found guilty of a second violation herein shall, in addition to any fines or imprisonment imposed, have his license immediately revoked for a period not to exceed the then-current licensing term.

§ 251-5 Severability.

If any section of this chapter shall be declared unconstitutional or otherwise void and ineffective, the validity of the remainder of the provisions hereof and their application shall not be affected thereby.

§ 251-6 Insurance.

[Added 6-15-1998 by Ord. No. 98-16]
A. 
Vehicle operators shall file with the Office of Consumer Protection a certificate of insurance (or a duplicate of an insurance policy) on each and every vehicle for which an application is made. The policy or certificate shall name the City of Schenectady as an additional insured and shall be filed prior to issuance of a license. Such proof of insurance shall identify each vehicle covered by such policy or certificate according to vehicle identification number. Cancellation or lack of insurance shall be cause for immediate suspension of any license under this chapter.
B. 
Insurance coverage under § 251-6 shall be at least in the amount of $2,000,000 for injuries, including death, to any one person and $1,000,000 for damages on account of any one accident.