‘Same tune over and over.’ Coral Gables looks at noise from ice cream and food trucks
The city of Coral Gables is trying to address “noise pollution” from ice cream trucks by considering rules that would prohibit them from playing amplified music while parked and limit the amount of time they can stay in one spot.
“People are saying, ‘why are we talking about ice cream trucks?’ Trust me, we have bigger fish to fry,” Mayor Vince Lago said. “We’re dealing with it because we have to deal with this.”
Commissioner Kirk Menendez, who first proposed a rule during last week’s commission meeting that ice cream trucks turn off music when parked or stopped, said the repetitive sound could be a distraction to residents.
“To hear the same tune over and over again throughout the day — if you’re living near a park and the ice cream truck is there — I think it probably does intrude into a person’s efforts to have a peaceful and calm weekend,” Menendez said.
Following a new Florida statute that preempts local governments from prohibiting “mobile food dispensing vehicles” or from requiring them to obtain a permit or license, the Coral Gables city commission is crafting an ordinance that will establish rules for how ice cream trucks and food trucks can operate within the “City Beautiful.”
Mark Trowbridge, president and CEO of the Coral Gables Chamber of Commerce, said while the city intends to comply with the state statute, it also wants to ensure that the ordinance “fits the culture.”
Food trucks in Coral Gables had been required to obtain a special events permit.
“The preemption from the state basically said, ‘it’s a free-for-all,’” Trowbridge said. “So the city is just putting some parameters around it.”
Next week, the city’s draft ordinance will go through its second reading. The updated proposal includes the following rules:
Ice cream trucks are allowed in residential districts from 8 a.m. to 7 p.m., but they cannot stop or park for more than 15 minutes unless there is a line of customers.
- Trucks that either cook food on-site or serve prepared food cannot operate in the Central Business District, single-family residential districts or within 500 feet of a restaurant. They can operate in non-residential zones from 8 a.m. to 9 p.m.
- Canteen trucks that serve pre-cooked and pre-packaged food only are allowed to operate in any zoning district if they are selling food to construction workers, with a 15-minute parking maximum per location.
- A food truck cannot operate in the same location for more than one hour per day.
The first version, presented last week, did not specifically address food truck music. But the updated version includes a new provision:
- “When parked, mobile food trucks shall not emit amplified music or sound,” the draft ordinance states. “When in motion, mobile food trucks shall comply with applicable state and local laws regarding amplified sound.”
Commissioner Menendez’s proposal to regulate ice cream truck music sparked an in-depth discussion during last week’s commission meeting about the potentially intrusive nature of music from food trucks — especially ice cream trucks.
Lago said he wasn’t particularly concerned about the music, so long as food trucks follow the city’s noise ordinances.
“I just want to make sure that if they’re going to be selling there for 15 minutes, that the music is not blaring for 15 minutes — basically disrupting someone’s Saturday or Sunday afternoon after a long week of work,” Lago said. “For some people who may live around that park, they may view it as noise pollution.”
Commissioner Rhonda Anderson expressed concern about ice cream trucks playing music while driving down the street because it could cause children to run into traffic.
“We all have experienced that with little children,” Anderson said. “They want the ice cream. It’s sort of like bringing out the treat bag for my dogs, there’s no stopping them.”
Vice Mayor Michael Mena cautioned against over-legislating: “At some point, I’m responsible for where my daughter crosses the street,” he said.
Some Coral Gables residents have complained about an ice cream truck that frequents Salvadore Park.
Ariel Fernandez, the editor of Gables Insider who also lives near the park, submitted a complaint to the city earlier this year after he said he witnessed the vendor parking in the handicap spot, and near a busy intersection.
“You had children literally standing on the street next to a very high-speed roadway,” Fernandez said, adding that he’s seen police ask the ice cream truck to move or leave the park, only for it to return a few minutes later.
City Attorney Miriam Soler Ramos said at last week’s commission meeting that she does not anticipate major issues going forward.
“I don’t think there’s going to be an influx of ice cream trucks,” she said. “Whatever music they’ve been playing they’re going to keep playing. I don’t think this is going to create an issue in the ice cream truck world.”
This story was originally published September 22, 2022 at 12:39 PM.
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