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In 1999, a young Elmont girl and student of the Elmont Union Free School District was struck by an ice cream truck. Although the girl was eventually fine she did spend some time in the hospital.

The incident may have been avoided had there been a similar law on the books that makes it a requirement for motorists to stop when a school bus is picking up or dropping off students.

Now, three years later, a bill adopted unanimously by the 19-member legislature puts into place traffic safety measures for street vendors of ice cream and other frozen desserts. The bill is awaiting approval from Nassau County Executive Tom Suozzi, who is expected to sign it into law.

The local law, which was introduced by Presiding Officer Judy Jacobs (D-Woodbury), would require that owners of street vending vehicles that sell frozen desserts and other treats to the public, equip their trucks with a swing arm containing the word "STOP" and flashing signal lamps to ensure vehicles traveling in either direction come to a complete stop either behind or in front of the vendor.

Specifics of the law require that:

* Vendor vehicles only park or stop lawfully on a road within Nassau County.

* Vendor vehicles vend only from the side of the street away from moving traffic and as near as possible to the curb, edge or sidewalk.

* The vendor not participate in a sale with a pedestrian who is standing in the roadway.

* The driver of the vehicle not reverse his/her vehicle to make or attempt to make a sale.

* The driver of the vehicle not permit any person, other than one presently directing or legally aiding the driver in the sale of his/her product, to ride in the vehicle.

* The driver of the vehicle fully extends the swing arm with its flashing signal lamps until the sale is complete.

The law only applied to roads within Nassau County, where the speed limit is 35 miles per hour or less.

"This is a common sense law that responds to some of the vulnerabilities that are inherent in any situation involving children and traffic," said Legislator Lisanne Altmann. "Of course, parents must still be conscientious in keeping an eye on their children. But in setting fines for violation of law, it puts the owners on notice that they have a responsibility to do their part to protect our children."

Any person who violates the law shall be guilty of a traffic violation. A first conviction is punishable by a fine of not more than $100; a second violation committed within a period of 18 months of the first violation is punishable by a fine of not less than $100 and not more than $300. A third or subsequent violation committed within a period of 18 months of the first violation is punishable by a fine of not less than $200 and not more than $500.


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