Toy guns set to be banned at ice cream trucks set for approval

RecordNet
Sep. 12, 2005

STOCKTON -- The City Council is almost certain Tuesday to adopt an ordinance banning ice cream truck sales of toy guns and other novelties, and ice cream truck sales of anything after dark.

The ordinance -- passed unanimously by the city's legislative committee in July -- also would require that trucks not have peeling paint, rust or scratches discernible from five feet, a provision that irks vendors who believe the ordinance snowballed from a concern about toy guns to general nitpicking.

"We've gone a little too far," said Marsha Swain, who with her husband, Rob, owns Diamond Distributing Ice Cream in Stockton.

But council members and San Joaquin County Board of Education Trustee Beverly Foster said trucks are a nuisance at night, and the possession of toy guns has caused two local students this year to be expelled. Foster campaigned for the ordinance and is running for City Council.

Police Lt. Dennis Smallie, who crafted the ordinance, said most of its provisions -- toy guns aside -- already are addressed by state law and city codes. The ordinance simply arranges them under one law, he said. Police will inspect dings and dents when a complaint is lodged, not en masse.

"Police aren't going to go out there and, you know, go looking for something like this," Smallie said.

Councilman Dan Chapman said his constituents are concerned about toy guns, but he said the entire industry needs to be regulated.

"It's all about image," he said.

Swain said she expects a crowd of drivers to protest Tuesday, although no council member has opposed the ordinance, and at least six of seven have supported it. Swain said drivers are willing to stop selling toy guns but would lose big business if they can't sell any toys.

"Rings for the girls, necklaces, I mean real horrible things here," she said. "I don't see the logic in that."

Mayor Ed Chavez said a provision of the ordinance banning sales after dark would protect children who could get hurt in the streets at night. And, he said, the music from loudspeakers ought to be regulated, another part of the ordinance.