HomeMy WebLinkAboutCRPS-10-002 - Licensing of Ice Cream TrucksREPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
DATE OF MEETING:
January 11, 2010
SUBMITTED BY:
R. Gosse, Director of Legislated Services/City Clerk
PREPARED BY:
Patricia Harris, Manager of Licensing
WARD(S) INVOLVED:
DATE OF REPORT: December 23, 2009
REPORT NO.: CRPS-10-002
SUBJECT:
LICENSING OF ICE CREAM TRUCKS
RECOMMENDATION:
For information purposes.
BACKGROUND:
City Council at its meeting of November 23, 2009 requested Licensing Staff to provide
information regarding the issue of licensing motorized ice cream vendors and what would be
required to amend the associated licensing by-law in support of this kind of commercial vehicle.
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 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.
There has always been concern that ice cream trucks selling in residential and school areas
created a safety hazard for children who could run across the street to get to the truck without
looking. Tri-cycle type vehicles were considered safer in residential areas as the driver is more
likely to hear children without engine noise, the tri-cycle can be pulled over to either side of the
road to provide service and if necessary, can even pull up onto the sidewalk eliminating the
need for children or anyone else to be on the driven part of the road.
A survey has been conducted with ten other municipalities with populations ranging from 93,000
to 670,000, to collect information on their ice cream vending by-law and any concerns with
enforcement issues. All municipalities surveyed, licence ice cream trucks except the City of
Waterloo. The Cities of Guelph, Mississauga and Ajax only permit them to be on private
property with written consent from the property owner. In other words they are not allowed to
operate on public roads.
Of those municipalities that licence ice cream trucks, most, if not all, have placed certain
restrictions on them. Some of the restrictions are:
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Cannot sell within public parks unless granted permission by City Council
Cannot sell within 100 metres of any school between the hours of 10 a.m. and 5 p.m. on
any regular school day
Cannot stop to sell within 30 metres of any intersection
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
Trucks must have a sign on rear of truck in black letters, yellow background ‘WATCH
FOR CHILDREN”.
If Council determines that Ice Cream Trucks should be considered for licensing, specific
regulations such as the above noted, should be written into the by-law consistent with other
municipalities to ensure the safety of children and to ensure that the trucks do not become a
nuisance in residential and school areas.
Regarding enforcement, the most significant enforcement issues that have arisen in the past
few years in other municipalities are as follows:
Operating in City Parks without permission
Operating in municipalities without the required licence
Operating in school zones which is prohibited
Noise complaints regarding the bells, horns and music
These issues have arisen whether an ice cream truck is licensed or is operating without a
licence. Ice cream trucks have been described by enforcement officers in other municipalities as
“high maintenance business licences.”
If it is determined that Council should issue licences for ice cream trucks, the fee will be based
on administrative and enforcement costs.
Since 2004 Licensing Staff have received several complaints against one ice cream truck that
has been operating illegally in the City of Kitchener. The complaints have come from school
principals and parents concerned about the truck being in school zones during school hours and
possibly creating a safety issue for children in the area. Several charges have been laid and
convictions registered. There have been no other complaints or charges laid against any other
ice cream truck operator in the last few years.
If Council determines that Ice Cream Trucks should be considered for licensing, specific
regulations should be written into the by-law consistent with other municipalities to ensure the
safety of children and to ensure that the trucks do not become a nuisance in residential areas.
FINANCIAL IMPLICATIONS:
Although licensing fees are based on administrative and enforcement costs, full cost recovery
may be difficult to determine at this time.
ACKNOWLEDGED BY:
T. Speck, General Manager of Corporate Services
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