2004-209 REVISED ORDINANCE NO. 2004 - 209
An ordinance permitting, regulating and requiring the licensing of non-motorized
vendor pre-packaged.[hozen conjkction.Jbod carts, u4th penalties for violations there(?['as
provided in ,IGO Chapter 5.20.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Current Section 5.20.030 of the Code of General Ordinances of the
City of Janesville is hereby renumbered 5.20.040.
SECTION II. A new Section 5.20.030 of the Code of General Ordinances is
hereby created to read as tbllows:
"5.20.030 Non-Motorized Vendor Carts ~ - Licensing - Regulations.
A. Purpose. The purpose and intent of this section is to permit, regulate
and license non-motorized vendor carts and operaters that sell only pre-packaged "frozen
confectionaries," such as pre-packaged ice creams, frozen popsicles and similar items"
within the City of Janesville. Such licensed non-motorized vendor carts operated in strict
contbrmity with each and every provision of this ordinance are exempt from the
prohibition set tbrth in Section 5.20.010.
B. General Regulations.
(1)
Every person and cart engaged in activities regulated by this
ordinance, whether or not licensed, shall at all times comply with
each and every provision and regulation set forth in this ordinance.
(2)
Every non-motorized vendor cart shall at all times be operated in
strict accord with each and every provision and regulation set forth
in this ordinance.
(3)
No person may engage in any activity for which a license is
required under this ordinance without first applying for, paying the
Ice for and holding a valid license for each non-motorized vendor
cart. sales and operation.
C. Cart License Required. Every non-motorized vendor cart in the city
shall be licensed. No person may operate, sell or vend from, use a non-motorized vendor
cart or otherwise engage in any activities regulated by this ordinance unless the cart holds
an appropriate and valid license from the City. Each owner in his/her/its name shall
apply for, pay the tee tbr, and hold a non-motorized vendor cart license tbr each cart in
the city prior to use of snch cart in the city. The Police Depa~ment shall conduct a
ordinance by the city.
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E. Definitions. (1) Licensee, means the applicant who is issued and
holds a license under this ordinance.
(2)
Non-motorized vendor cart, means the device regulated by this
ordinance. It includes any and all non-motorized mobile devices
that are used directly or indirectly in the sale of any goods or
services, including but not limited to bicycle vending devices and
push carts.
(3)
Operator, means the person who engages in or conducts any
activities involving a non-motorized vending cart.
(4)
Owner, means the person who owns the non-motorized vendor
cart.
Person means each and every natural person, firm, corporation,
partnership, joint venture, cooperative, limited liability company,
limited liability partnership, sole proprietorship and other
individual, person and legal entity of whatever kind or nature.
(6) Vendor, means an operator.
(7)
Vending Cart Season, lneans all year. the *;_...~
carts ~h.~ k~ permitted * ...... ,~ ;. ,h~ city.
Cart and Operator License Application.
(1)
Initial application. Each owner desiring to conduct or engage in
activities regulated by this ordinance shall file a written initial
application with the city clerk or designee on tbrm(s) provided by
the city for a cart license for each non-motorized vendor cart.
[7,~,.I-, r-,va,o,..q_,,-,,, ehqll ql~,~ GI~ ~ 1;~no~ nnnl;pat;~n No person may
operate, conduct or engage in activities regulated by this ordinance
without filing an application, paying the fee(s) for such license or
without holding an appropriate license under this ordinance. The
city clerk, chief of police, fire chief, common council, and/or their
appropriate designee(s) may amend and require such intbrmation
on the initial application as s/he may, from time to time, consider
reasonable, proper and/or necessary.
(2)
Renewal application. Each licensed cart owner and operator
desiring to conduct activities regulated by this ordinance after
initial licensing shall file a written renewal application with the
city clerk or designee on form(s) provided by the city fbr each
proposed non-motorized vendor cart. The city clerk, chief of
police, fire chief, common council, and/or appropriate designee(s)
may amend and require such inlbrmation on the renewal
application as s/he may, from time to time, consider reasonable,
proper and/or necessary.
(3)
Cart -- Initial License Fee -- $50.00. Each owner applicant shall
pay an initial cart license tee of $50.00 per cart at the time of
original filing, which initial fee shall be pro-rated based on the
month after July 1 in which the initial application is filed. The
initial application fee is non-refundable.
(4)
Cart - Annual Renewal Fee -- $50.00. An annual renewal
fee of $50.00 per cart thereafter shall be required and paid. The
annual renewal tee is non-refundable.
(5)
initial fee lo non regmdable.
(6)
Operator A ..... 1 1~ ....... 1 U .... q~K(l 13lb
t~e of $50.00 r~'
The annual renewal fee is non-refundable.
(7)
All initial and renewal cart and operator licenses shall expire on
June 30 of each year.
(8)
O)
No application shall be accepted tbr filing, nor cart license issued
or renewed, unless and until the owner applicant possesses all
necessary County t lealth Department and other required
governmental agency license(s) and permit(s) fbr the cart. Each
owner applicant, at the time of filing the city initial application and
at the time of all subsequent annual renewal filings, shall provide
to the city clerk proof of such other licenses and permits in such
lbrm as the city clerk may, from time to time, deem necessary
and/or desirable.
(10)
No cart license may be issued or renewed unless and until the cart
passes the inspection of the county/state health officials and
agencies, and holds the proper health licensing, permits and
certification.
(11)
No cart or operator license may be issued or renewed if the
applicant, owner or proposed operator of the cart has had a license
or permit issued under this ordinance revoked, suspended or non-
renewed.
(12)
No cart license and no operator license may be issued by the city
clerk unless and until all requirements set tbrth in this ordinance
have been fully and properly satisfied by the applicaut. The
decision of the City Clerk shall be final in this regard.
(13)
No more than twenty-five (25) cart licenses shall be issued
annually.
G. Each non-motorized vendor cart shall be separately licensed and such
license shall not be transferable to any other non-motorized vendor cart.
I. Each issued cart license shall be promiuently and conspicuously posted on
each licensed cart at all times.
J. Each issued vendor ,,:'art operator license shall be carried by the operator at
immediate!3 .... a ......a ...... ;a~ ,h~ ~i ....., ....... ~i.~ .m ............... ,
K. At all times, each cart shall have permanently affixed to it and
prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches
displaying name, address, and telephone number of the licensee.
L. Non-Motorized Vendor Cart Operation. (1) Each non-motorized
vendor cart shall be capable of being moved and kept under control by one person.
(2)
Each cart shall be moved safely to and from its vending
location(s).
(3)
Each cart shall be secured at all times so as not to injure or
endanger persons or property.
(4)
Each non-motorized vendor cart shall be equipped with at least one
leak-proof container for the deposit of waste, garbage, litter, and
refuse. All such containers shall be kept covered with tight fitting
lids. When leaving the sales area, the licensee and his employee(s)
shall be responsible lbr the removal of all litter resulting from his
business or customer's use of his business.
(5)
Each operator, licensee and cart shall comply with all state codes,
regulations and standards relating to the serving and selling of food
or fi)od products.
(6)
An operator shall be personally and physically present next to the
cart and within the vending site at all times during which items are
displayed or sold. Vending carts shall only be allowed within the
public right-of-way during permitted hours of operation.
M. Insurance Requirement. Each licensee shall obtain, pay tbr and at all
times maintain proof of and actual liability insurance coverage against personal injury,
death and property damage in an amount of not less than One Million Dollars
($1,000,000) per person per incident and One Million Dollars ($1,000,000) aggregate per
incident. Such insurance shall name the City of Janesville and each and every of the
City's elected and appointed officials, officers, employees, agents and representatives as
additional or co-insureds. At the timc of filing the initial and all renewal applications, an
applicant shall provide a true and correct photocopy of a certificate of insurance and/or
other proof insurance fi)r each cart in the fbrm requircd by the clerk.
N. Regulations.
(1)
Non-motorized vendor carts must be stationary at all times when
sales and related activities are occurring.
(2)
Non-motorized vendor carts may set up and operate in the public
streets but not in the travel lane. They also may set up and operate
in the public terraces.
(3)
Non-motorized vendor carts shall be prohibited fi'om using, setting
up in or on, and shall not operate upon the public bike trails or
public sidewalks.
(4)
(6)
(7)
(8)
(9)
In City Parks, non-motorized vendor carts arc only allowed upon
issuance of a permit for specific park areas designated by the
director of Leisure Services. Said approval shall also include
payment of any associated park use, financial gain and/or other
license fee(s) as determined by the Director for each vendor cart
license.
All non-motorized vendors may only be allowed to sell pre-
packaged "frozen confectionaries" type products, as described
above.
No non-motorized vendor cart shall operate before 8:00 o'clock
A.M. or alter dusk (sunset on any day). 8:00 o'clock P.M. on
No non-motorized vendor cart operator or other person shall use
noise-makers, other than bells, lights, or music to attract
customers. Such bells and music shall not be used beibre 8:00
o'clock A.M. or after dusk (sunset on any day). 8:00 o'clock
P .......... ~/~ ,~" ~,..,~"'~ ~.~'~ No electrical or mechanical sound generated
within a vending area shall be audible beyond the vendor's
immediate working area and in no event more than 50 feet from
the cart.
See also Section 12.08.090. As applicable, those provisions are
incorporated herein by reference as if fully set forth verbatim. Any
action required or prohibited therein shall be required or
prohibited, as applicable, by this ordinance.
Each operator and other person, whether or not licensed, who
engages in any activities regulated by this ordinance shall at all
times fully and tilnely comply with and abide by each and every
requirement and provision set forth in this ordinance and in each
and every other ordinance of the City of Janesville."
ADOPTED: February 9, 2004
APPROVED:
Steven E. Sh~iffer, City er
ATTEST:
Jean"A~n Wulf, City Clerk-Treasure:
APPROVED AS TO FORM:
City Attorney
Proposed by:
Prepared by:
Council Members Addie and Murphy
Planning and City Attorney
MOTION BY: Steeber
SECOND BY: DeGarmo
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS ×
BRIEN ×
WELLNITZ X
()rd dral//vcndor llOll-lllolol'izcd cart ord
5.20.040 Violation--Penalty.
A. Any person, firm, corporation or other entity of whatsoever kind or nature
violating any of the provisions of this chapter, upon conviction thereof in court, shall be
ordered to pay to the City a forfeiture of not less than Fifty Dollars ($50.00) nor more
than One Thousand Dollars ($1,000.00), together with the costs of prosecution. In
default of the payment of such forfeiture and costs, the violator shall be dealt with in the
manner provided, l?oln time to tilne, by law tbr such default in payment including, but
not limited to incarceration in the Rock County Jail lbr not more than sixty (60) days for
each violation. Each day's continuance of any violation constitutes a separate violation.
In addition to, and not in lieu ot; the imposition and/or payment of the
above fbrfeitures(s) and remedies, the City may seek and the court may grant, injunctive
and other legal and/or equitable relief in favor of the City to abate and/or enjoin the
violation(s).
C. In addition to, and not in lieu o£ the above tbrfeitures and remedies, the
court or the Common Council may suspend and/or revoke any permit or license issued
under this or any other chapter.