12.46.020 - Mobile food vending regulations.
It shall be unlawful for the operator of any motorized mobile food establishment to stop, stand or park such vehicle on any public street or thoroughfare when ice cream, frozen desserts, candy or other edible or potable substances are sold or offered for sale, from such vehicle, unless such operator before making any such sale and at the time of such sale shall operate his or her vehicle in the following manner:
A. Such vehicle shall stop, stand or park at the right curb on a two-way street and at either curb on a one-way street, within eighteen inches of such curb before any sale or offering of sale shall be made;
B. Such vehicle shall not stop, stand or park in the downtown area, unless a special privilege is granted by city council. For purposes of this section, the downtown area shall be defined as the area bounded by Yandell Street, Kansas Street, Cesar Chavez/Border Highway and Santa Fe Street, and including the entire width of the public rights-of-way within said area.
C. Such vehicle shall be allowed to stop, stand or park on any public street or right-of-way, provided this area is not within twenty feet of an intersection, such vehicle does not obstruct a pedestrian crosswalk and the area is not prohibited to the stopping, standing or parking of such vehicles;
D. Such vehicle shall not obstruct vehicular or pedestrian traffic;
E. Reserved;
F. Vendors shall only serve customers when the mobile vending vehicle is parked, and at such stops the vehicle's motor shall be cut off, unless its operation is essential to producing or maintaining the product sold. Vendors whose vehicles require the continuous operation of the motor to produce or maintain the product must either apply the parking brake if the vehicle is equipped with a manual transmission or place the vehicle's automatic transmission in the "park" position while conducting sales;
G. Reserved;
H. No sale or offering to sell shall be made from any mobile vending vehicle on city right-of-way within two blocks of any school;
I. No sale or offering to sell shall be made on any street or thoroughfare where the lawful speed limit exceeds thirty miles per hour;
J. On and after June 15, 2001, the operator of such vehicle shall illuminate the blinking or flashing lights required under Section 12.46.030 immediately upon stopping, standing or parking the vehicle for the purpose of making a sale and the lights shall remain illuminated until such time as the vehicle resumes travel. It shall be unlawful for a mobile food vendor to illuminate the blinking or flashing lights required under Section 12.46.030 while the vehicle is moving;
K. Any person violating any provision of this section shall be guilty of a misdemeanor and punished by a fine not exceeding five hundred dollars pursuant to Section 12.84.010.
(Ord. 14847 § 1 (part), 2001) (Ord. No. 17545, § 1, 4-26-2011)