40-73 New 1745.13 (g) & (h) Sanitary - adult vending from vehicle

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ORDINANCE NO. 40-73 BY: Messrs. Graber, Magnotto, McBride, Usher, Wendling, ~erner, mrockman AN EMERGENCY ORDINANCE supplementing Chapter 1745 by enacting new paragrap~ (g) and (h) of Section 1745o13 of the Sanitary Code of the Codified Ordinances of the City of Lakewood to require an adult attendant to accompany a person vending from a vehicle in the public streets in the City and regulating the hours of sale. WHEREAS, this Council determines that it is in the. best interest of the public and for the welfare and safety of the children of the City of Lakewood that those persons vending from vehicles products attractive to and popular with children and inviting or causing children to gather, congregate and collect about such vehicles in the public Streets of the City shall be required to protect and safeguard such children from being struck or injured by other motor vehicles using the pUblic streets of the City, and WHEREAs, this ordinance is declared to be an emergency measure providing for the immediate preservation of the public health, safety and welfare and for the further reason that it is immediately necessary to provide means for regulating vending in public streets within the City to protect and safeguard the children from injuries or hazards of vehicular traffic and to further regulate traffic to prevent congestion, now, therefore, BE IT ORDAINED BYTHE COUNCILOF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Sanitary Code of the Codified Ordinances of the City of Lakewood be and the same is hereby supplemented by enacting new paragraphs (g) and (h) of Section 1745.13 to read as follows: Section 1745.13 GENERAL REGULATIONS No person, firm, corporation, partnership or association shall sell frozen desserts, except inside of licensed places of buSiness in the City, unless the following requirements are complied with: (g) ~When any person shall vend or peddle frozen desserts from a vehicle in the public streets in the City, and in pursuit of such business or activity, children shall collect, congregate, assemble or gather about such vehicle for the purpose of making purchases therefrom, such person so vending and peddling, and in the pursuit of such occupation, shall be required to be accompanied by an adult attendant whose sole duty and occupation shall be to protect and safeguard the children from injury or hazards from vehicular traffic using such public streets. The attendant shall maintain a constant bokout for ~proaching vehicles and shall warn and guard children from Rnjury therefrom. (h) No person, firm or corporation shall vend or peddle frozen desserts from a vehicle in the public streets other than between the hours of 10:00 A.M. o'clock and 5:00 P.M. o'clock. Section 2. That this Ordinance is hereby declared to be an emergency measure for the reasons state~,.in the preamble hereof and provided it receives the affirmative vote of two-thirds of all members elected to Council, it shall take effect and be in force immediately upon its adoption and approval by the Mayor. Adopted: Approved: President,' Mayor