[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.
Vehicles and traffic — See Ch. 248.
Weights and measures; trade practices — See Ch. 260.
[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Editor's Note: This ordinance also repealed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.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vendor who sells ice cream or similar refreshments as
a primary product from a motor vehicle and along the public streets.
Any confectionery food, fruit or other edible commodity or
drink or carbonated beverage.
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.
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.
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.
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.
[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.
