HomeMy WebLinkAboutCRPS-10-100 - Addendum - Licensing of Motorized Ice Cream VehicleREPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING:
June 7, 2010
SUBMITTED BY:
R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
DATE OF REPORT: June 3, 2010
REPORT NO.: CRPS-10-100
SUBJECT:
ADDENDUM - LICENSING OF MOTORIZED ICE CREAM
VEHICLES
RECOMMENDATION:
For information purposes only.
BACKGROUND:
On May 10, 2010 Council Report CRPS-10-061 was presented to the Finance and Corporate
Services Committee along with a draft by-law regarding the Licensing of motorized ice cream
vehicles. The report and further discussion was deferred until June 7, 2010. Council requested
staff to meet with Mr. Dogantzis, the owner of an ice cream truck.
REPORT:
Staff met with Mr. Dogantzis and discussed a few issues that were part of the draft by-law that
were of concern to him and his legal representative. After listening to the suggestions and
concerns presented, staff are willing to offer the following possible changes to the draft by-law
for Class H Refreshment Vehicles (Motorized Ice Cream Vehicles) for Council’s consideration if
Council decides to allow motorized refreshment vehicles on City streets.
Section 18 to have an additional point added to require that a back up camera be
installed on the vehicle. This would provide for added safety for persons around the
vehicle.
Section 20(b) to be changed “that every licensee and operator of a Class H Refreshment
Vehicle shall not permit the ringing of bells, horns or music between the hours of 8:00
p.m. and 9:00 a.m. or at a volume that disturbs a resident of the City and no more than
20 seconds every five minutes when vehicle is stopped or in motion.
Any changes made to this section of the by-law may also require that Chapter
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450 (Noise) be amended. Chapter 450 currently prohibits the sound of noise
from a drum, horn, bell, loudspeaker, etc for the purpose of advertising or
attracting attention to any sale of goods, wares or merchandise.
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Section 20(d) be changed to allow the vehicle to stop for 10 minutes at any one serving
location and be permitted to remain for an additional 10 minutes if continually serving
customers.
Section 20 (f) (ii) be changed to require that the vehicle not operate between the hours
of 10:00 p.m. and 9:00 a.m.
If it is Council’s decision to allow these types of vehicles to operate on City streets, direction
is required as to which zones Council wishes these vehicles to operate in. Section 20(f)(i) of
the draft by-law sets out two options for Council’s consideration. One option is to permit
Class H Refreshment Vehicles to operate on roadways in residential zones similar to the
Class D (tri-cycles) Refreshment Vehicles. The second option is to restrict operation to
roadways in commercial and industrial zones. Direction is also required as to whether the
changes to the draft by-law as provided in this report should be incorporated into the final
by-law.
Depending on Council’s decision on whether or not to licence these vehicles, staff will present
for Council’s consideration a by-law for final approval with or without the Class H Mobile
Refreshment Vehicle sections included.
FINANCIAL IMPLICATIONS:
As per Report CRPS-10-061 attached.
ACKNOWLEDGED BY: T. Speck, General Manager of Corporate Services
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REPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING:
May 10, 2010
SUBMITTED BY:
R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
DATE OF REPORT: April 29, 2010
REPORT NO.: CRPS-10-061
SUBJECT:
PUBLIC MEETING - LICENSING OF MOTORIZED ICE
CREAM VEHICLES
RECOMMENDATION:
Council’s direction is requested.
BACKGROUND:
City Council at it’s meeting of January 18, 2010 directed staff to prepare a report and a draft by-
law for Council’s consideration regarding the issue of licensing motorized ice cream vehicles.
Attached is a proposed draft by-law which will add motorized ice cream vehicles to Chapter 586
(Refreshment Vehicles) of the City of Kitchener Municipal Code.
REPORT:
In 2004 City Council reviewed Chapter 586 (Refreshment Vehicles) and determined that due to
safety and nuisance control concerns only tri-cycle type vehicles (non-motorized) would be
permitted to travel residential streets selling ice cream products. All other vehicles selling food
items must be stationary, except for Canteen Trucks servicing industrial and construction sites.
Since that time several requests have been made by a business to reconsider the licensing of
mobile refreshment vehicles, specifically ice cream trucks.
Staff contacted ten other municipalities with populations ranging from 93,000 to 670,000 to
determine whether they licence ice cream trucks. Most municipalities licence these vehicles and
have established common criteria for this type of vehicle. Common criteria include:
Cannot sell in public parks without Council’s permission
Cannot sell within 100 metres of any school on any regular school day
Cannot stop longer than 10 minutes at any one serving location
Cannot activate bells, horns or music at a volume that disturbs residents
Trucks must have two amber lights on top and a warning beeper system that is engaged
when the ice cream truck is in reverse
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WATCH
Trucks must have a sign on rear of truck in black letters, yellow background ‘
FOR CHILDREN’
The City of Guelph amended their Refreshment Vehicle By-law in 2009. Ice cream trucks are
no longer permitted to operate on any roadway and must be parked stationary on private
property. The City requires both a site plan and a letter of permission to operate on the
property.
In looking into this further, staff indicated that they had received multiple complaints from
elementary schools, police and by-law enforcement. Complaints included fighting with patrons,
noise and nuisance.
Most municipalities have also had enforcement issues with ice cream trucks. They include:
operating in City Parks without Council’s permission
operating in school zones
operating in municipalities without the required licence
noise complaints regarding the bells horns and music.
Taking into consideration the information received from various municipalities and concerns that
we have received from schools in the past few years staff have drafted a by-law that would
allow for the licensing of mobile refreshment vehicles (specifically ice cream trucks) with specific
regulations geared to providing for the safety of these vehicles.
The draft by-law includes:
Adding a new category (Class H) which would allow for the licensing of a mobile motor
vehicle from which ice cream, ice milk, or other iced or frozen confectionary is sold or
offered for sale on any highway.
Consistent regulations for both Class D (tri-cycle vehicles) and Class H (ice cream
trucks) which includes that the vehicle:
cannot revisit the general serving area within two hours of the previous visit.
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cannot operate between the hours of 9:00 p.m. and 9:00 a.m.
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cannot operate on any portion of a highway adjacent to any public park,
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playground, or athletic field where refreshments are available.
cannot operate within 90 metres of the property line of any land occupied by a
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public, separate, or private school between the hours of 9:00 a.m. and 4:30 p.m.
on a school day.
Further restrictions have been placed on Class H refreshment vehicles to protect
children that will be around the vehicle. These will include:
a minimum of two amber lights on top of the vehicle which shall be kept flashing
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while the vehicle is stopped for the sale of refreshment on any highway;
“WATCH FOR CHILDREN”
the warning in legible black letters at least 15 cm
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high and shall be displayed on a yellow background conspicuously on the rear of
the vehicle
the vehicle’s rear bumper shall have an angled cover on top designed and
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placed as to prevent a child from sitting on top of it;
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a mirror system which makes it possible for the driver to complete a 360 degree
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visual inspection of the area around the vehicle
a warning beeper device that is engaged when the vehicle’s transmission is
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placed in reverse gear.
Section 20(f) of the draft by-law will regulate where these vehicles may operate. Should Council
decide to licence these vehicles, direction is required in this regard. One option is to permit
Class H Refreshment Vehicles to operate in residential zones similar to the Class D (tri-cycles)
Refreshment Vehicles. The second option is to restrict operation to commercial and industrial
zones.
In addition to adding Class H Mobile Refreshment Vehicles to Chapter 586 of the Municipal
Code, the draft by-law contains several housekeeping amendments that need to go ahead.
Depending on Council’s decision on whether or not to licence theses vehicles, staff will present
for Council’s consideration a by-law for final approval with or without the Class H Mobile
Refreshment Vehicle sections included.
FINANCIAL IMPLICATIONS:
Licence fees are typically based on administration, inspections and enforcement. Licences that
require more inspections or businesses that have a higher level of enforcement will pay a higher
licence fee. There will be annual inspections of these types of refreshment vehicles and based
on past experience of other municipalities, it is anticipated there will be higher than usual
enforcement costs. Staff is suggesting that the fee for the Class (H) Refreshment Vehicle
owner’s licence be $775.00/annum and the operator’s licence be $63.00/annum. This fee
compares to a stationary refreshment vehicle such as a chip wagon or hot dog cart which is
$924.00/annum.
COMMUNICATIONS:
A Public Notice was placed in The Record on April 30, 2010 and on the City of Kitchener’s
website advising that this by-law would be considered on May 10, 2010. All currently licensed
Refreshment Vehicle owners were also notified as well as one ice cream truck owner.
ACKNOWLEDGED BY:
T. Speck, General Manager of Corporate Services.
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