BILL NUMBER: SB 2185 CHAPTERED 09/08/00 CHAPTER 344 FILED WITH SECRETARY OF STATE SEPTEMBER 8, 2000 APPROVED BY GOVERNOR SEPTEMBER 6, 2000 PASSED THE ASSEMBLY AUGUST 21, 2000 PASSED THE SENATE MAY 24, 2000 AMENDED IN SENATE MAY 9, 2000 AMENDED IN SENATE APRIL 12, 2000 INTRODUCED BY Senator Soto MARCH 16, 2000 An act to add Section 22456 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST SB 2185, Soto. Vehicles: warning signs. Existing law regulates commercial vehicles engaged in vending upon a street. This bill would require any ice cream truck, as defined, to be equipped at all times while engaged in vending in a residential area with signs, as prescribed. The bill would prohibit a person from vending from an ice cream truck that is stopped, parked, or standing on any public street, alley, or highway under specified conditions. Because a violation of those provisions would be a crime, this bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 22456 is added to the Vehicle Code, to read: 22456. (a) This section shall be known and may be cited as the Destiny Nicole Stout Memorial Act. (b) The Legislature finds and declares that motor vehicles engaged in vending ice cream and similar food items in residential neighborhoods can increase the danger to children, and it is necessary that these vehicles are clearly seen and noticed by motorists and pedestrians to protect public safety. (c) As used in this section, the term "ice cream truck" means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under 12 years of age. (d) Any ice cream truck shall be equipped at all times, while engaged in vending in a residential area, with signs mounted on both the front and the rear and clearly legible from a distance of 100 feet under daylight conditions, incorporating the words "WARNING" and "CHILDREN CROSSING." Each sign shall be at least 12 inches high by 48 inches wide, with letters of a dark color and at least four inches in height, a one-inch wide solid border, and a sharply contrasting background. (e) A person may not vend from an ice cream truck that is stopped, parked, or standing on any public street, alley, or highway under any of the following conditions: (1) On a street, alley, or highway with a posted speed limit greater than 25 miles per hour. (2) If the street, alley, or highway is within 100 feet of an intersection with an opposing highway that has a posted speed limit greater than 25 miles per hour. (3) If the vendor does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic on the highway. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.