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UPDATE: Council Votes 8-0 (DeLong absent) To Seek Draft Ordinance re Music From Parked/Dispensing Ice Cream Trucks; Minutes Before Council Meeting Starts, Councilman Andrews Issues This Statement re "Ice Cream Trucks", Reads This Statement




(UPDATE July 10, 2013) -- At its July 9, meeting, the City Council voted 8-0 (DeLong absent) to request the City Attorney to provide a draft provision to the City of Long Beach's noise ordinance requiring ice cream trucks to shut off their amplified music while parked and dispensing their wares.

As first flashed on LBREPORT.com's front page, minutes before the start of the Council meeting, the measure's author, Councilman Dee Andrews, issued a statement regarding his proposal (full text below)...and during the Council meeting, read it aloud.

The ice cream truck proposal by Councilman Andrews (co-agendized by Vice Mayor Garcia with Councilman Neal) had drawn mixed reviews with a number of neighborhood residents in support while others scoffed at the item. Below is Councilman Andrews' statement in full:

Thoughts Regarding the Ice Cream Truck Council Item

Many of the negative comments and reactions that I have received are based on misunderstandings and omitted facts. I believe when people think of ice cream trucks they think of childhood memories of playing in our parks and eating ice cream with family, as well as friends.

I am an elected representative of a great constituency of the 6th District, to whom I respect. This item was not my idea. However, I agree with it. The item was petitioned to me by many of my neighbors in the 6th District. They are from neighborhood associations; Wrigley Association, Central Project Area Committee, and the South Wrigley Advisory Group. They asked me to find a solution to a quality of life problem. I consulted with the City Attorney’s office, the Business License office, the Health Department and my staff attempted to call all 66 licensed ice cream truck operators. With the consultation of all these stakeholders, we found a solution that balanced the needs of the residents that want peace and quiet with the ability of the ice cream truck to continue to do business and sell ice cream.

Here are the facts, we are not banning ice cream trucks and we are not banning the music from ice cream trucks. Currently, City’s such as Santa Ana, Fullerton, and Anaheim have all passed laws to restrict the music played by the ice cream trucks. All we are asking is that the City of Long Beach align with neighboring cities. We are not asking the City to align with Costa Mesa that has completely banned ice cream truck music or Irvine that has completely banned ice cream trucks all together.

Most ice cream truck operators will play their music and drive slowly though neighborhood several times. They find a legal place to park. They stop playing their music; dispense ice cream and move on to other locations. Most of the vendors we spoke to operate this way. We can all agree that this does not infringe on a neighborhoods peace and quiet.

However, there are ice cream trucks that will stay at one location, such as a park or densely populated neighborhoods, and play their music for hours, seriously disrupting their quality of life. All we are asking is that these operator’s raise their standards to the business practices of most operators.

No issue is too small or too large for me to tackle. This demonstrates my unwavering commitment to the residents and businesses in the 6th District. This is democracy in action. I have championed many quality of life issues that include finding a solution to remove tennis shoes on utility wires, illegally posted signs on public right of ways. It is clear this item is getting a lot of attention, my hope is next week we will give as much attention to an item I am bringing forward to regulate Cash for Gold businesses, which impacts all of our our public safety.

My statement here should bring a better sense of understanding of what I am trying to accomplish. I have always been and always will continue to be open to address any issues that affect your quality of life.

Thank you for your time and understanding.


(July 2, 2013) -- Councilman Dee Andrews has agendized an item for the July 9 City Council meeting seeking Council support for a Municipal Code amendment requiring ice cream trucks to comply with the City's noise ordinance and silence their amplified music when a truck is parked and dispensing ice cream.

The item, in which Vice Mayor Robert Garcia and Councilman Steve Neal have joined, asks the City Attorney's office to draft such a measure and bring it back to the City Council (presumably for voted action) within thirty days.

The agendizing memo text follows:

Subject: Regulation of Ice Cream Trucks

RECOMMENDATION:

Request that the City Council direct the City Attorney to amend Long Beach Municipal Code 5.51.060, to require Ice Cream Trucks to comply with the noise ordinance and that when an Ice Cream Truck is parked and dispensing ice cream, no amplified music shall be broadcast and report back to the City Council within 30 days.

DISCUSSION:

During the Spring and Summer months, the streets of Long Beach are embellished with the sight and sounds of ice cream trucks. The thriving seasonal business is a joyful treat for youth but for some residents the amplified music is considered a continual annoyance.

The issue is the increasing continuous play of amplified music that can be heard through out the day and into the evening hours for several blocks. Residents' peace and quiet is disrupted by a constant procession of trucks playing various songs at high volume levels. Most of the trucks are reported to make several trips on the same route while playing the shrill music for 30 to 45 minutes. In several cases, an additional ice cream truck will follow the first one and the cycle repeats through out the day. The music continues even when the trucks are stopped to serve customers. There have been incidents when muliple trucks were on one block at the same time, each with their music loud.

To provide a better quality of life for the residents, it is requested that the City of Long Beach request the City Attorney to prepare an amendment to the Municipal Code to require ice cream trucks to comply with the City's noise ordinance.

FISCAL IMPACT:

There is no significant cost for this item.

LBREPORT.com asked Colleen McDonald, a 6th dist. constituent and Wrigley Association President, for her quick comments. She emailed:

I believe that a noise ordinance for Ice Cream Trucks is in order but doesn't it make sense, at the same time, but my neighbors actually complain more to me about loud car stereos and loud street racing cars. So I believe that it is good to bring one forward but we weren't consulted on how to make it better, and I would have mentioned those items to the Councilman, although I do believe a member of our board was important in bringing this to the Councilman's attention.

Also, I would have mentioned that the unlicensed street vendors are big a neighborhood nuisance; especially on Pacific Avenue. We ask a business to pay license fees, to uphold certain health standards and then for years and years we have allowed these street vendors who have no health certification, no licensing, and generate a lot of trash in the neighborhood to operate in competition with them right on their doorstep and also on surrounding neighborhood streets. It's unfair to business, it's unhealthy, and it produces neighborhood blight. Just drive down Pacific Avenue and look at all of the trash on the sidewalk, against the curbs, in the median.

My bottom line is that I am happy there is a proposed noise ordinance, I support it.



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