Council to discuss the return of ice cream trucks

Published 9:39 am Monday, September 10, 2018

By Dawn Burleigh

The Orange Leader


Orange Mayor Larry Spears Jr asked and now he shall receive.

In a July city council meeting, Spears asked the staff to look into changing an ordinance, which prevented ice cream trucks in the residential areas of the city.

City council will consider an ordinance amending in its entirety Article 4.1400 “Sale of Ice Cream from Motor Vehicles in Residential Districts” and establishing an effective date during the 9 a.m. Tuesday meeting.


(a) It shall be unlawful for any person to sell or offer to sell ice cream, snow cones, or similar products from carts or motor vehicles within residential zones of the City of Orange. For the purpose of this article, those parts of the city designated R-l, R-2, R-3 and R-4 on the official zoning map of the City of Orange as provided in Section 12.200 of Chapter 12 of this code shall be construed as and are hereby designated as residential zones of the city of Orange.

In a memorandum from Kelvin Knauf, Director of Planning and Community Development to

Dr. Shawn Oubre Ph.D., City Manager dated Sepetmber 4, 2018, The proposed ordinance:

• requires vendors to obtain a Health Inspection Report from the Orange County Department of Health;

• requires a permit be obtained from the city secretary;

• requires a one-time $25.00 permit fee for each vehicle and cart;

• requires that the permit be displayed on the vehicle or cart so that it is easily seen;

• allows the city secretary to suspend the permit whenever he/she has reason to believe that a public health hazard exists or whenever the permit holder has interfered with the health authority in the performance of his/her duties and allows an appeal procedure;

• requires a $500,000 bodily injury insurance and $100,000 general liability insurance or, $500,000 combined single limit insurance with the City named as an additional insured;

• allows vendors to operate between sunrise and sunset each day. Vehicles or carts operating within a municipal park may operate within the hours established for the park;

• requires a trash receptacle available to customers outside the vehicle or cart;

• restricts sound equipment to between 10:00 a.m. and 5:00 p.m. each day except Sundays; cannot broadcast within 100 yards of schools, hospitals, churches, courthouses, municipal courts, funeral homes, or cemeteries; and, cannot be audible in excess of 100 yards from the vehicle or cart. The music must be turned off while vending; and

• Each vehicle must have a sign stating “WATCH FOR CHILDREN” on the front, back and both side of the vehicle in at least 4” letters with a background of contrasting color to the letters and the rest of the vehicle. Carts are not required to have a sign.

The proposed ordinance does not distinguish between residential and non-residential districts.

If the council adopts an ordinance allowing vendors to sell ice cream, snow cones or similar products from a vehicle or cart, that ordinance requires a one-time payment of a $25 fee for each vehicle or cart selling ice cream, snow cones or similar products.

Also on the agenda is authorizing hotel/motel occupancy tax funding 12 organizations for a total of $612,500.

Council will also consider adopting a budget for the 2018/2019 fiscal year.

Orange City Council will meet at 9 a.m. in the Orange Public Library Auditorium located at 220 North 5th Street in Orange.