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HomeMy WebLinkAbout1974-24 08-15 AP CITY OF BROOKLYN CENTER ORDINANCE NO... AN ORDINANCE AMENDIN REGARD NG AND 27 BROOKLYN CENTER POST • REGNG CATERING FOOD VEHICLES (A continuation of the Brooklyn Center Press) THE CITY COUNCIL OF THE CITY OF .BROOKLYN CENTER DOES ORDAIN AS FOLLOWS AFFIDAVIT OF PUBLICATION 0 Section �J: Chapter 23 of the City Ordinances is,hereby amended by the repeat , of the following: (Section_. 23 -801. LICENSE "'REQUIOE?MENTS. No owner or operat6t': vehicle which is used STATE OF MINNESOTA for,•. the •• pyrpose of dispensing or SS, vending ,c9nfections, or other goods COUNTY OF HENNEPIN directly from such vehicle shall carry on such dispensing or vending unless P the provisions of this ordinance be met. This ordinance shall not apply to persons using vehicies for the delivery of goods or services directly to homes or establishments where the goods are E. C. L'Herault, being duly sworn, on oath says he is and during all The times herein stated has been the President of taken by the operator of the vehicle The Post Publishing Co., publisher and printer of the newspaper known as onto private property for delivery, nor shall it apply to the operations of any BROOKLYN CENTER POST (A Continuation of Brooklyn Center Press) political subdivision or unit of government. A vehicle for purposes of and has full knowledge of the facts herein stated as follows: • this ordinance shall mean any mobile (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent unit being used on the public streets in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each for the purpose of vending or week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community dispensing as aforesaid.) which it purports To serve and does not wholly duplicate any other publication and is not made up entirely of patents, (Section 23 -802. APPLICATION plate matter and advertisements. (4) Said newspaper is circulated in and near The municipality which it purports FOR LICENSE. Application for a To serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its Catering Food Vehicle license shall be total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its made to the village clerk and shall local post- office. (5) Said newspaper purports to serve the describe the vehicle or vehicles from which said vending operations will be CITY OF BROOKLYN CENTER J carried on and shall give the names of in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open the persons interested in said during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and business. It shall describe the types of maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control confections or other goods which will during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each be sold from said vehicle. The ap- issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions plicant shall also set forth the names for at least two years preceding The day or dates of publication mentioned below. (8) Said newspaper has filed with of the insurers providing liability the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 Thereafter an affidavit in The form coverage on the vehicle or vehicles prescribed by the Secretary of State and signed by The managing officer of said newspaper and sworn To before a and the amount of coverage carried.) notary public stating That the newspaper is a legal newspaper. ( Section 23 -803. HOURS AND ROUTES. No person licensed , J hereunder shall carry on the vending L _ / �! ;: .4 .. -. C ,• - �: {, ,- operations except between the hours of He further states on oath that The printed .)'!. .d.r .....�. .......- :- ,....... . 1:00 p.m in or than P and 6:30 p.m. to ! .. ...�.. 4... f .. ...........................�`.. ....... 9:30 p.m. More than ten (10 days t_, � before commencement of his . .............:.. ............: ..f �. operations 'he licensee shall file with the Chief of Police a proposed route or hereto attached as a part hereof was cut from The columns of said newspaper, and was printed and published therein in routes over which the vehicles will - travel each day within the Village. The �licensee shall follow such route while the English language, once each week, for... l.. successiveweeks; ihatitwasfirstsopublishedon .... "....E" ."ZF ............... operating within the Village. Proposed ! changes shall be filed with the Chief of Police at least 10 days in advance of ` .. making such changes. If the Chief of the..:...t...day of.i:' ..... L'. <^ f.....19 ....... and was thereafter printed and published on every ..................... Police shall disapprove of such r ! proposed routes, the licensee may to and including the.......... day of ........................ 19......and that The following is a printed copy of the appeal the ruling of the Chief of Police to the Village Council for deter- , mination. Only such routes shall be lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of Type used in a approved as will minimize the hazard to persons who may be customers of such vehicles and which will minimize the composition and publication of said notice, to wit: traffic difficulties which may arise out of such operations.) (Section 23 -804. SAFETY REQUIREMENT. Every licensee abcdefghijklmnopgrstuvwxy7 -5 pt. Sans shalt maintain liability insurance in the amount of at least $50,000 for single injuries and $100,000 for each accident itogether with at least $5,000 property insurance. Vehicles must be parked at the curb while engaging in vending operations and vending shall be done only at the curb side of the vehicle. Each vehicle must be equipped with .............................:......:..'..-....,,....,...."' ,:............................. flashing lights on both the front and rear of the vehicle clearly visible to oncoming cars in full daylight. Every Subscribed and sworn To before vehicle while carrying on a vending , operation shall be attended by at least - '! two persons, one of whom shall have me Tti:- , .............. day of.i ' - the following specific duties: For the - •Y• •. . .D., 19...... r full period during which such vehicle ° is stopped for vending or which is - stopped in such a manner or in such a ...``.�✓- ::`.i- .'..`...;V a� :. .. ....... .. . ..... C:r -. t .::......... ............................... place as to reasonably cause others to believe that it is proposing to engage in (NOTARIAL SEAL) vending operations, said person shall stand alongside said vehicle in such a manner as to be able to observe traffic Notary Public ............................... County, Minnesota coming from all directions and also the crossing of the street by minors in the immediate vicinity of said vehicle. My Commission Expires .............................. 19.... •. Such person shall give adequate warning to both vehicles and minors so as To avoid accident or injury to said minors. He shall, if necessary, carry such signaling or warning devices as will enable him to give adequate warnings-) (Section 23 -805 VIOLATIONS. Any person violating any provisions of this ordinance may upon conviction thereof be punished by a fine of not more than three hundred dollars(S300) and by imprisonment not to exceed ninety (90) days. Any licensee who violates any provision of this or- dinance or who drives or operates his vehicle in a careless and negligent fashion may in addition to the foregoing penalties have his license revoked after a hearing before the City Council upon reasonable notice.) Section 2: Chapter 27 of The City Ordinances is hereby amended by the addition of the following: AN ORDINANCE REGULATING SAFETY ASPECTS REGARDING /ON- STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES Section 27 -200. APPLICATION. No owner or operator of any catering food vehicle as defined in Chapter 8 of the City Ordinances which is used for on- street soliciting for the sale of or vending of confections or other goods directly from such vehicle shall engage in the activity of on- street soliciting, dispensing, or vending unless the provisions of this ordinance are met. This ordinance shall not apply to persons using vehicles for the delivery of goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private property for delivery, nor shall it apply to the ,operation of any political subdivision or unit of government. Section 27 -201. HOURS AND ROUTES. No person operating under the provisions of this ordinance shall carry on the activity of on- street soliciting or vending operations except between the hours of 1:00 p.m. fliroYgh 5:00 p.m. and 6:30 p.m. thrgilf" 4t3 P.M. At least l o d +rS - prw , cow tmenciog his apdration At.VRM ll>wt file with the ChioTof Psfiq 8tpr;et route or routes Over which the vehicle or vehicles will travel each day within the City. The vendor shall follow such route while operating within the City. Proposed route changes shall be filed with the Chief of Police ten days prior to making any such changes. Only such routes shall be approved as will ,minimize the hazard to the persons who may be customers of such vehicles and which will minimize traffic difficulties which may arise out Of such operations. Section 27 -202. INSURANCE AND SAFETY REQUIREMENTS. Every owner or operator shall maintain Lability insurance in the amount of at least $100,000 for single injuries and 15200,000 for each accident together with at least $10,000 for property in- surance. The names of the insurer and the persons insured must be filed with the City before operation commences. Food vehicles must be parked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each food vehicle must be equipped ilwith flashing lights on both front and rear of the vehicle clearly visible to oncoming automobiles in full daylight. Every food vehicle while carrying on a vending operation shall be attended by at least two adult persons, one of whom shall have the following specific duties: For the full period during which such food vehicle is stopped for vending or stopped in such a manner for place as to reasonably cause others to believe that it is proposing to engage in vending operations, said person shall stand alongside said food vehicle in such a manner as to be able to ob- serve traffic coming from all direc- tions and to observe children crossing the street in the immediate vicinity of said food vehicle. Such person shall give adequate warning to oncoming ,vehicles and to children so as to avoid accident or injury to said children. Section 27-203. PENALTIES. Whoever does any act or omits to do any act which constitutes a breach of this ordinance shall, upon conviction thereof by lawful authority, be punished by a fine not to exceed three hundred dollars (S300) and by im- prisonment not to exceed ninety (90) days. Section 3: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Ordinance No . . ... .... .... .... Adopted this ... day of ._19.. . Mayor Attest .. .. ...... Clerk Published in the official newspaper Effective date . ... .............. (Parentheses indicate matter to be deleted, bold face indicates new matter.) (Published in the Brooklyn Center Post Aug. 15, 1974.) r T T 1S0d H31N3D NAIN00H a3'IId x3KH011y mouvolzsna 3o 3sva 60S2 vIASaKNI'K 'SI'IOdVaRKIN •g 'SAY STURA103 L199 1SOd HUNT) NAINOO G as pogsngnd 40 LIOi3P. ggnd JO JTA10P1R V ................ *ON • y tf 's Y „ t rt