Jingle Brothers ice cream vendor Lewis McClung waits as Morgan Villegas, 6 decides which ice cream treat to purchase in a North Canton, Ohio, neighborhood Tuesday, Aug. 16, 2005. Drivers such as McClung take home 35 percent of their daily sales minus a $12 daily truck rental fee and gas costs. Tanner gets the other 65 percent to cover operational and stocking costs. He supplies 64 varieties of ice cream from various suppliers to every truck. (AP Photo/David Massey)

AURORA | With summer heat comes frozen treats, but for decades, ice cream truck drivers have been ordered to steer clear of Aurora’s corner of the metroplex.

City law officially prohibits ice cream, candy and gum from being sold out of vehicles on the streets of Aurora, referring to the boxy trucks and their off-kilter jingles as a “nuisance.”

The freeze on ice cream trucks may soon be lifted, however, as City Council member Dustin Zvonek announced plans this week to include the law as part of a package of regulations earmarked for repeal by a “red tape reduction” committee.

“When you hear it, you’re like, ‘There’s no way that’s real,’” Zvonek said of the treat truck ban. “But it’s a good example of a regulation that’s put in place, and it kind of languishes on the books, and there’s been no real process to take a look at it.”

Aurora’s ban has been in place since 1957, according to city spokesman Michael Brannen. Zvonek said a city staffer brought the ban to the attention of the committee, which started meeting and holding public hearings earlier this year to identify burdensome regulations and city processes that could be scaled back.

Zvonek said he didn’t know how Aurora’s ban came to be, except that the law labeled the trucks as a nuisance. The law also prohibits “bells, whistles, sirens, music, horns or any other noisemaking device” from being used to attract customers to commercial vehicles.

Ice cream truck bans have come and gone in communities across the U.S., as parents have long complained about the noise and the risks of children running into traffic.

Just last year, Connecticut passed a package of regulations concerning ice cream trucks that include limits on where the trucks can park. The changes were known as “Tristan’s Law” in honor of a 10-year-old boy who was struck and killed by a car in 2020 after buying ice cream.

The 1957 ordinance which initiated Aurora’s ban said children chasing after trucks had created “hazardous conditions” and that the prohibition was “necessary to control injury, death or accident.” The ordinance also referenced a citizen petition and said the law change had earned the support of police.

From Zvonek’s perspective, Aurora’s ban is just one example of overzealous regulators “stifling business.” He said he has been contacted by multiple ice cream truck operators complaining about similar bans in their own cities since announcing during the City Council’s April 25 meeting that he wanted to “free the ice cream trucks.”

Kevin Hougen, president and CEO of the Aurora Chamber of Commerce, said he was unaware of the ban until Zvonek brought it up and that he would “absolutely” support it being rolled back.

“Especially in today’s environment where so many people are delivering things every day, are we going to outlaw Amazon or UPS next?,” Hougen asked. “Yeah, those trucks don’t play music or things like that, but I just can’t imagine police enforcing that.”

Zvonek said the red tape reduction committee will meet next on May 17 to discuss the regulations and processes it may ask the council to repeal. He said the question of whether to repeal the ban may come before the council as a whole after the committee meeting.

16 replies on “Aurora lawmaker hopes to thaw citywide ban on ice cream trucks”

  1. . . . until a child is injured or killed running after one of these trucks, which is why they were banned years ago. But people seem to have forgotten this and bringing them back seems like such a “feel good” thing, which is why many lawmakers legislate.

    Hey, Zvonek, at least include in your legislation a provision that requires the truck operators to have insurance that covers children who will be harmed. Otherwise, they will be uninsured and guess who will pay their medical bills!

    1. Joe look up data, 16 killed due to ice cream trucks in USA in period 1993-2014 or 21 years. Less than one per year- what do you want to ban next? Trampolines? Swing sets? what about automobiles, oooh do not forget bicycles!

      1. Well, there there were ONLY 16 deaths, so I suppose that makes it ok? Hey. We don’t need MORE trucks on the streets. Maybe consider carts in the park instead?????

  2. Bring them back! Hey when I was a kid I loved hearing them and going and getting a delicious cold treat on a hot day! Now, I am a decrepit old fart, but I am still a kid at heart, so me and my walker will be a chasin them till I get my cold treat!

  3. The city’s retail, dining and entertainment economy lags the state average by 14% and Denver’s by 59% when measured per capita and THIS is what Council and staff are focused on?

    Remember this when they tell us the city needs to boost tax rates.

    1. Jeff, I don’t believe the city is really too serious with “focused on” the ice cream vendors as a, much to do topic. But you and I are in agreement with Aurora and what they at City Hall think about Aurora’s fine restaurants. Years ago, Aurora did have several nice steak houses. Now- this city can’t support, can’t produce, unable to figure out the problem why no one wants to invest capital in high end retail food. Further, I would bet, when city council, any of them, goes out for a nice night to eat at a truly great steak house, it ain’t going to be in Aurora and it’s not coming anywhere close in the cities near future either.

      1. At 14% below the state average, Aurora gets an “F” in overall retail performance. If the city would merely attainable average level of performance i.e. a “C,” the City would collect another $30 million per year in sales tax. Remember that.

  4. The ice-cream truck bans grew to a fever pitch back in the 1970s after multiple reports of children being injured and killed as they ran to the ice cream trucks, or ran back from the ice cream trucks, or just got run down by the ice cream trucks,” I write today. “You’re a fool to expect children to behave like adults, and ice cream trucks don’t roll down the street to lure grown-ups from their summer doldrums.” this from Dave Perry. Seems it was the PARENTS screaming for the ban back then???

  5. I wonder if a kid was hit by a UPS or Amazon truck would they then ban those from coming in their city. Its absurd. I have been driving an Ice Cream Truck for 2o years now and have never even come close to hitting a kid or anyone for that matter.

Comments are closed.