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Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 1-20-1976 by L.L. No. 1-1976. Amendments noted where applicable.]
A. 
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
COUNTY
The County of Suffolk.
ICE CREAM TRUCKS
Every motor vehicle in which ice cream, ice milk or other frozen dairy products are carried for the purpose of retail sale on the streets of the Town of Babylon.
PERSON
Individuals, partnerships, corporations and unincorporated associations or any other organization.
TOWN
The Town of Babylon.
VEND or VENDING
The offering of ice cream, ice milk or other frozen dairy products for sale from a motor vehicle on the streets of the Town of Babylon.
B. 
Word usage. The term "shall" is mandatory and "may" is permissive.
[Amended 8-19-1997 by L.L. No. 13-1997]
A. 
In addition to other equipment required by law, every ice cream truck shall be equipped with such safety devices as are required by the county.
B. 
Every ice cream truck shall be equipped with a stop sign mounted on a mechanically operated swing arm on each side of the truck.
C. 
Every ice cream truck and driver thereof shall possess proof of vehicle inspection by the county and proof of the successful completion of the county driver safety course.
[Amended 8-19-1997 by L.L. No. 13-1997]
A. 
The driver of an ice cream truck stopped on a street for the purposes of vending shall actuate any special flashing lights as are required by the county and extend such swing arms as are required by § 141-2B of this chapter.
B. 
These lights and swing arms shall not be used when an ice cream truck is in motion nor at any time when stopped for a purpose other than vending.
A. 
A person shall not vend on streets where the speed limit exceeds 30 miles per hour.
B. 
The driver of an ice cream truck shall not drive in reverse in order to make or attempt a sale.
C. 
It shall be unlawful to vend between the hours of 10:00 p.m. and 11:00 a.m.
[Amended 8-12-2003 by L.L. No. 13-2003]
D. 
It shall be unlawful to vend in an A, B, C or D Residential Zone after 9:00 p.m. or after sunset, whichever is earlier.
[Added 8-12-2003 by L.L. No. 13-2003]
E. 
Every vehicle which stops on the roadways or the shoulders of the roadways for the purpose of selling food items such as ice cream to the public within the Town of Babylon shall disclose to the consumer the item price of each food item, whether solid, liquid or mixed, such as ice cream, offered for sale. The item prices must be posted in a manner and location so the price of food items is readily observable by patrons.
[Added 9-4-2019 by L.L. No. 6-2019]
A. 
The driver of an ice cream truck shall not permit any person under 16 years of age nor any unauthorized person to ride in or on the vehicle.
B. 
A person shall not ride in or on an ice cream truck unless employed by its owner or unless authorized in writing to do so by the owner.
[1]
Editor’s Note: Former § 141-6, Penalties for offenses, was repealed 6-22-2010 by L.L. No. 13-2010. See now Ch. 1, General Provisions, Art. II, General Penalties.