Clayton — It was an ordinary Friday evening at Community Park — until the ice cream man pulled up. Dozens of children smiled, waved and cheered at the sight of the ice cream truck.

Inside, Chris Conti and his father, Phil, passed out SpongeBob Squarepants and Dora the Explorer treats to eager kids. A few children asked the Contis if they could exchange tennis balls for ice cream. The Contis said no but appreciated the attempt at bartering.

“It is so much fun,” Chris said. “The kids just light up when they hear that music in the distance.” But if the Town of Clayton has its way, the Contis will not be selling any more ice cream in town parks. The Town Council is considering an ordinance that would ban selling in the parks without the town’s permission. Violators would face a $50 fine.

The Town Council has said it wants to protect vendors who lease concession stands in town-owned parks. The concession stands are open up to six days a week during events, said Larry Bailey, director of parks and recreation.

Ice cream trucks compete with the concession stands, Bailey said. “They don’t just go out there when it’s 10 a.m., because no one is out there,” he said. “They come when we have more activity with the games.”

Concession stand operators expect the town to protect them from itinerant merchants, said Town Manager Steve Biggs. “When we lease our facilities to organizations, such as a soccer association, part of what they count on in terms of recovering their cost of leasing our facilities is the sale of the concessions,” he said.

Conti buys his inventory from Dave Byrd, an ice cream distributor who also brings a truck to Community Park. Both men said they do not stick around the park if an event is being held. “When I see there is a baseball game in there and the stand is open, I don’t go in there,” Byrd said. “I don’t mess with them. I follow the rules.”

Most of the time, the concession stands are closed, Conti said. “I understand they are trying to make money,” he said. “I have no problem with that. I even told (Parks and Recreation) I would give them a percentage of what I make if they let us in there.”

Conti and Byrd said one particular merchant was likely to blame for the town’s ill-will toward ice cream trucks. But that man is no longer selling ice cream, Byrd said.

Byrd and Conti, both of whom live in Clayton, suggested the town limit the number of trucks allowed in the park or issue special permits to vendors. Completely shutting down their business at the parks would hurt them, they said.

Conti's 9-year-old son rides on the truck and helps him with the business. Conti wants his son to learn the importance of managing money. Byrd’s ice cream business is his primary income. He can easily make $80 in 20 minutes at Community Park.

“[The town] is not thinking about the people in these parks who do not use the park for baseball and other recreational activities,” Byrd said. “You are taking it away from the community.”

The Town Council will act on the proposed ordinance at its Oct. 6 meeting.

Herald Staff Reporter Sarah McNeil can be reached at 934-2176, Ext. 129, or by e-mail at smcneil@nando.com.