Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on City Services and Budgets

FROM:

General Manager of Engineering Services

SUBJECT:

Mobile Ice Cream Vending - Suspension of Permit

 

INFORMATION

COUNCIL POLICY

The Street Vending By-law allows the City Engineer to suspend permits for up to thirty days, but requires the City Engineer to "forthwith report such suspension to Council stating the reasons therefor".

PURPOSE

This report provides information to Council on the suspension of a Mobile Ice Cream Vending Permit.

BACKGROUND

Mr. Rob Williams owns the business known as Mr. Frosty and has been issued permits for three trucks and two bicycles to vend ice cream in Vancouver. Permits are valid from June 1 to May 31 of the following year.

DISCUSSION

The Mobile Ice Cream Vending Permit for Mr. Frosty Truck #15 was suspended on September 18, 2002, for thirty days, for the following reasons:

- vending while parked illegally;
- stopping while not actively engaged in making a sale.

There were two incidents of vending while parked illegally, on September 18, 2002. One was in a No Parking zone adjacent a school and the other was in a No Parking zone adjacent a park. The driver then proceeded to the 1600 block of Nanton Street, parked across the street from Shaughnessy Elementary School and waited fifteen minutes until students were dismissed from school. These violations occurred on the same day in which staff had earlier had a conversation with Mr. Williams, the owner of Mr. Frosty, about the safety of school children and the need to instruct his drivers not to wait in the vicinity of schools in order to conduct sales.

Attached in Appendix A is a history of violations and enforcement actions taken against the driver of Mr. Frosty Truck #15, in the year 2002. Streets Administration staff make every effort to deal with businesses and citizens in a fair manner. Enforcement actions may be initiated by complaints, by knowledge of repeated non-compliance with guidelines or by observations while on patrol. Typically, a series of warnings would precede suspensions or impoundments, but where public safety is compromised serious enforcement actions may be taken immediately. Short term suspensions of one day to one week are an effective enforcement tool as they initiate face to face conversations between owners and staff and they impose a financial incentive to both owners and drivers to comply with the vending guidelines and by-laws. Typically, a short term suspension will result in improved compliance by the vendor. When there is no effort at improved compliance, a longer suspension may be necessary.

Given the history of complaints and warnings issued against the driver and the failure of both Mr. Williams and the driver to acknowledge concerns for the safety of children outside of the school grounds, the City Engineer determined that the permit for Mr. Frosty Truck #15 should be suspended for thirty days, the maximum time allowed under the Street Vending By-law.

CONCLUSION

The Streets Administration Branch oversees several permit programs regulating the use of streets and sidewalks, one of which is ice cream vending. The value of these programs is recognized by staff, but staff must also ensure the safety and comfort of the public. The incidents that resulted in the suspension of the permit for Mr. Frosty Truck #15 have brought into focus the need to strengthen and clarify the By-law and Guidelines regulating Mobile Ice Cream Vending. Staff will be submitting a report to Council before the end of the year, recommending changes to the Mobile Ice Cream Vending Program.

* * * * *

APPENDIX A

The driver of Truck #15 has been the subject of a number of complaints and enforcement actions in the year 2002, prior to the permit for his truck being suspended in September. Those incidents and the incidents leading directly to the thirty day suspension on September 18 are detailed below.

April 2002

Complaints were received from two separate schools about the driver parking across the street from the schools and waiting to conduct sales when children came out at dismissal time.

August 2002

The driver was issued both verbal and written warnings for vending on a major thoroughfare, vending while parked illegally and for vending while blocking a bike lane.

September 17, 2002

The driver was observed in the 1600 block of Nanton Street, across the street from Shaughnessy Elementary School, waiting to make sales. His permit was suspended by Streets Administration enforcement staff for stopping while not actively engaged in making a sale. The permit was returned to Mr. Williams, the owner of Mr. Frosty, on the morning of September 18 by Streets Administration office staff after the reasons for the suspension were explained and what the City's expectations were around the future conduct of his driver.

September 18, 2002

The driver was observed twice making sales while parked illegally. Later that afternoon, the driver was again observed across the street from Shaughnessy Elementary School waiting to make sales.

In the year 2002, the operators of Mr. Frosty ice cream vending units have been issued:

In the year 2002, the four other ice cream vending companies combined have been issued:

csb021024.htm

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