§ 22-102. Ice cream vending in public rights-of-way.

Vendors are authorized to offer ice cream snacks for sale from vehicles occupying certain public rights-of-way, which activity shall not be deemed a violation of chapter 102 (Zoning) of this Code, provided that the vendor at all times complies with the following terms:

(1)

Business license: The vendor shall operate only in full compliance with a valid business license issued by the City of Siloam Springs; and during all business activities, the vendor shall display the license in a fixed location where it is conspicuous and legible to customers who are situated outside the vehicle.

(2)

Criminal record:

a.

The vendor must have no felony conviction within the previous 120 months, or any misdemeanor conviction involving physical violence or theft of property within the previous 60 months.

b.

The vendor must maintain on file with the city administrator or his designee a sworn and notarized statement of compliance with subparagraph (2)a., above.

(3)

Vehicle and insurance:

a.

The vendor shall offer ice cream for sale only from a vehicle that is covered by liability insurance for damage to persons and property caused by the vehicle, in (minimum) amounts as follow:

1.

For damage to property: $100,000.00 per occurrence

2.

For damage to persons: $100,000.00 per person; $300,000.00 per occurrence.

b.

The vendor shall maintain within the vehicle a current and valid certificate of insurance reflecting the required coverage, and shall present the certificate upon request by the administrator, or by any city police or code enforcement officer.

(4)

Hours of operation: The vendor shall offer ice cream for sale only between the hours of 10:00 a.m. and sundown.

(5)

Curbside transactions: The vendor shall conduct all sale transactions from the vehicle's curb-side.

(6)

Warning signs; hazard lights: Whenever the vehicle is stopped for ice cream sale transactions, the vendor shall:

a.

Maintain the vehicle's hazard lights in operation; and shall

b.

Display, at least five feet above street level upon the front and rear of the vehicle, signs (in block lettering at least six inches high) reading "Caution: Watch for Children."

(7)

Residential streets: The vendor shall offer ice cream for sale from public rights-of-way only where the street is designated 'local' by the Master Street Plan, and only where at least 75 percent of the front footage of the block on either side of the street is occupied by residential dwellings.

(8)

School grounds: The vendor shall not offer ice cream for sale from a vehicle that, prior to 5:00 p.m., is located within 600 feet of any school grounds on a day when the school is in session.

(9)

Parades: The vendor's vehicle shall not be stationed within 300 feet of the authorized route of a permitted parade, during the permitted time of the parade.

(10)

Dogwood Festival: The vendor's vehicle shall not be stationed within 300 feet of the permitted areas designated for occupancy by participants in the city's annual Dogwood Festival; and during the festival shall not be stationed upon:

a.

W. Benton St., between Dogwood St. and Mt. Olive St.;

b.

Maple St., between University St. and Benton St.;

c.

University St., between Maple St. and Mt. Olive St.; or

d.

Mt. Olive St., between University St. and Alpine St.

(11)

Traffic flow: The vendor shall not offer ice cream for sale from a vehicle that is within 100 feet of an intersection, or that is stationed in a location where the vehicle stops or substantially impedes traffic flow. The vendor shall move the vehicle upon reasonable request of any city police or code enforcement officer.

(12)

Parking; stopping: The vendor shall not offer ice cream for sale from a vehicle that is located in any one site, or within 300 feet of any site, for more than 20 minutes during any eight-hour period.

(13)

Litter: The vendor shall clean up all uncontained trash and debris comprised of goods or materials provided or sold by the vendor, wherever the refuse is located within 150 feet of any site occupied by the vendor.

(14)

Sound amplification: The vendor shall not advertise by amplifying music or any sound to a volume exceeding 80 decibels (measured at the broadcast source).

(Ord. No. 06-06, § III, 3-7-2006; Ord. No. 14-28, § 1, 12-16-2014)