OPERATING REGULATIONS AND PERMIT CONDITIONS

SJ-MC tit. 6, ch. 6.39, pt. 2

in effect

San José Municipal Code § 6.39.210 Conditions of permit.

6.39.210 - Conditions of permit. A. Each ice cream truck business permit issued by the chief of police shall be subject to the terms and conditions set out in this part, as well as any other conditions specifically set forth in the permit. B. The provisions of this part shall constitute operating regulations. It shall be unlawful for any person to violate these provisions. (Ord. 24602.)

San José Municipal Code § 6.39.220 Place of operation.

6.39.220 - Place of operation. A. Sales from ice cream trucks shall be limited to streets that have thirty miles per hour speed limits or less. B. The parking restrictions in Chapter 6.54 of the Municipal Code that apply to persons who peddle from motor vehicles shall apply to business operators and employees under this chapter. C. No sales shall be made while an ice cream truck is parked within seventy-five feet of any intersection with any public street or streets as measured along the traveled way. D. The standard warning flashers shall be in operation immediately upon the truck stopping to vend and cease operation as the truck begins to move after vending. (Ord. 24602.)

San José Municipal Code § 6.39.230 Hours of operation.

6.39.230 - Hours of operation. Sales from ice cream trucks shall be limited to the hours of 10:00 a.m. to one-half hour after sunset. (Ord. 24602.)

San José Municipal Code § 6.39.240 Noise restrictions.

6.39.240 - Noise restrictions. A. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck when the ice cream truck is stationary. B. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck after 7:00 p.m. or one-half hour after sunset, whichever occurs first. C. No person shall use, play or employ any sound, outcry, amplifier, loudspeaker, or any other instrument or device for the production of sound from an ice cream truck in such a manner as to create a disturbance of the peace. D. The chief of police may set reasonable restrictions on the type and use of any amplifier, loudspeaker, or any other instrument or device for the production of sound employed on an ice cream truck in order to prevent a disturbance of the peace as that term is used in Chapter 10.16 of the code. (Ord. 24602.)

San José Municipal Code § 6.39.250 Congestion restriction.

6.39.250 - Congestion restriction. No person shall stop to vend from an ice cream truck within two hundred feet of another ice cream truck that has already stopped to vend. (Ord. 24602.)

San José Municipal Code § 6.39.260 Food restrictions.

6.39.260 - Food restrictions. A person may sell or offer for sale only prepackaged food items from an ice cream truck and may not offer for sale any other items. (Ord. 24602.)

San José Municipal Code § 6.39.270 Restriction on riders.

6.39.270 - Restriction on riders. A. No one other than one driver and one additional person [shall be] allowed to ride on an ice cream truck that is in operation. B. The driver and the additional person may be: 1. Employees of the business operator; or 2. The business operator; or 3. A trainee. C. In no event shall more than two persons ride on the truck while the truck is in operation. (Ord. 24602.)

San José Municipal Code § 6.39.280 Vehicle inspection; certification.

6.39.280 - Vehicle inspection; certification. A. All ice cream trucks operated by the business operator shall be inspected and certified by the chief of police. B. It shall be unlawful for a business operator to operate an ice cream truck that does not have a current, valid certification issued by the chief of police on city streets. C. The business operator shall present each ice cream truck for inspection and certification by the chief of police biennially. D. At or prior to the time of the inspection, the business operator shall present payment of the certification fee as set forth by the schedule of fees established by council resolution. E. The business operator shall maintain each ice cream truck the business operator operates in such condition that: 1. All doors, windows, hood and trunk shall open and close securely; 2. The inside of the ice cream truck shall be clean and free of litter and trash; 3. There is a trash receptacle that shall be made accessible to the public when sales occur in which patrons can place package wrappers and trash; 4. The exterior of the ice cream truck shall be clean and in good repair, and not have any peeling, dents, rust, scratches or missing components which are discernible at a distance of five feet or more from the truck; 5. Advertising decals and price lists shall be placed only on the vending side of ice cream trucks and shall use a maximum area of twenty-four square feet. F. The business operator shall have and maintain in clean operating condition on each ice cream truck the business operator operates the following safety equipment: 1. Signs painted or mounted on the front and back of each truck using black four-inch tall letters on a yellow background with a black one-inch border around each sign. The sign on the front and back of each vehicle shall read "CHILDREN CROSSING" and be eight inches high by forty-eight inches wide. An additional sign or signs shall be painted or mounted on the rear of each truck above the first sign and shall read "WARNING" in English, Spanish, and Vietnamese, using the same size letter and paint requirements. 2. Standard warning flashers. 3. Any other safety equipment required by the California Vehicle Code. G. The chief of police shall affix a suitable certificate on each certified truck, identifying the truck as having successfully passed vehicle inspection. (Ord. 24602.)

San José Municipal Code § 6.39.290 Identification.

6.39.290 - Identification. Each business operator shall maintain an identification number, provided by the chief of police, painted on the sides and back of each ice cream truck. The number shall be of such color, size and placement so that the identification number can be easily read at a distance of ten feet. (Ord. 24602.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6.39ICCRTRPE_PT2OPREPECOFetched: 11/1/2026