HomeMy WebLinkAboutORD 1265ORD 1265ÛyÁ åw @äÚyÿ Š Qèô ORDINANCE NO. 1265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK AMENDING SECTION 122.04 OF THE
BALDWIN PARK MUNICIPAL CODE TO PROVIDE FOR
SAFER VENDING FROM VEHICLES
WHEREAS, Title XI, Chapter 122 of the BALDWIN PARK MUNICIPAL CODE
provides a comprehensive scheme for the regulation of vending from vehicles within the
City; and
WHEREAS, it has come to the attention of the City Council that there are certain
dangers to the public in general, and to children in particular, posed by certain forms of
vending from vehicles. These dangers include: 1) vending from vehicles which do not
display adequate signage, markings or other identification required by the California
Vehicle Code sufficient to warn motorist and pedestrians of heightened risks that occur
during vending on streets; 2) vending from vehicles which do not comply with, or are in
violation of, the California Vehicle Code; and 3) vehicle-vending directed toward children
e.g., ice cream trucks) at locations with higher levels of traffic and on streets where traffic
moves at greater speeds; and
WHEREAS, it is the opinion of the City Council that the City's current regulatory
scheme regarding vehicle vending can be improved by including certain safeguards to
counteract the dangers described above; and
WHEREAS, the City Council expressly finds that vending vehicles pose traffic
hazards and special dangers to the public safety and welfare of children and residents in
the City. It is the purpose and intent of the City Council, in amending Section 122 of the
municipal code, to provide responsible companies and persons who engage in the
operation of food vending from vehicles with clear and concise regulations to prevent
safety and traffic hazards, as well as to preserve the peace, safety and welfare of the
community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 122, Section 122.04 of the Baldwin Park Municipal Code is
hereby amended by the addition of subsection S), T), U) V), and W) as follows:
S) Any ice cream truck shall be equipped at all times, while engaged in vending
in a residential area, with signs mounted on both the front and rear and
clearly legible from a distance of 100 feet under daylight conditions,
incorporating the words WARNING" and CHILDREN CROSSING". Each
sign shall be at least 12 inches by 48 inches wide, with letters of a dark color,
at least 4 inches in height, a one-inch wide solid border, and a sharply
contrasting background.
ORD 1265ÛyÁ åw @äÚyÿ Š Qèô Ordinance No. 1265
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T) The driver of the ice cream truck shall be required to place an orange cone at
the left rear portion of the vehicle after the vehicle has been stopped and
parked adjacent to the curb.
U) No ice cream trucks shall be permitted to vend on streets with a speed limit
of more than 25 miles per hour.
V) The driver of the ice cream truck shall have an unobstructed view for 200
feet in both directions along the street and of any traffic on said street.
W) Unless otherwise waived by the city police department and, in addition to
other equipment required by law, each food vending vehicle shall be
equipped with the following:
1) A convex mirror mounted so that the occupant of the driver's seat can
see the area in front of the truck which is obscured by the
vehicle's hood.
2) A back-up alarm audible for a distance of at least one hundred 100) feet.
SECTION 3. Chapter 122, Section 122.04 of the Baldwin Park Municipal Code is
hereby amended by amending subsection H), increasing the distance from any
intersection, as follows:
H) No vending from such vehicle shall be permitted within 100 feet of any
intersection of two or more public streets or within 500 feet of any public or private
elementary, junior high, or high school.
SECTION 2. The City Clerk shall certify to the passage of this ordinance and shall
have it published in accordance with the provisions of state law.
PASSED AND APPROVED this 17th day of August 2005
MA*x
ORD 1265ÛyÁ åw @äÚyÿ Š Qèô Ordinance No. 1265
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ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss:
CITY OF BALDWIN PARK
I, ROSEMARY M. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing Ordinance was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on August 3, 2005. That
thereafter said Ordinance was duly approved and adopted at a regular meeting of the City
Council on August 17, 2005, by the following vote:
AYES: COUNCILMEMBERS: Marlen Garcia, David J. Olivas, Bill Van
Cleave, Mayor Pro Tern Ricardo Pacheco
and Mayor Manuel Lozano
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COU C BERS: NONE
ROSEMARY M. RAMI CIVIC
CHIEF DEPUTY CITY CLERK
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38657-U01
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