Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Dover (now Toms River) as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Outdoor food stands and restaurants — See Ch. 316.
Peddling and soliciting — See Ch. 391.
Streets and sidewalks — See Ch. 450.
Food and beverage vending machines — See Ch. 531.
Retail food-handling establishments — See Ch. 534.
[Adopted 7-15-1974 by Ord. No. 5-74 as Ch. 132, Art. V, of the 1973 Code]

§ 537-1 Sale or display declared nuisance; exception for hawkers and peddlers.

The displaying, offering or exposing for sale of any meats, fruits, vegetables or any article of food upon any street, curb or sidewalk in the Township of Toms River, in the County of Ocean, is hereby defined and declared to be a nuisance and is hereby prohibited; provided, however, that nothing contained in this article shall be construed to prohibit hucksters or peddlers[1] with covered wagons or trucks traveling from house to house and selling their wares.
[1]
Editor's Note: See Ch. 391, Peddling and Soliciting.

§ 537-2 Violations and penalties.

Any person or persons violating any of the provisions of this article shall forfeit and pay a penalty of $100.
[Adopted 7-15-1974 by Ord. No. 5-74 as Ch. 103 of the 1973 Code]

§ 537-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
MOBILE FOOD RETAIL SALES AND SERVICE UNIT (hereinafter referred to as a “mobile unit”)
Any movable restaurant, truck, van, cart, bicycle or other movable unit including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary or permanent locations.

§ 537-4 Compliance required.

Mobile units shall comply with the following specifications.

§ 537-5 Water supply tank.

A potable water supply tank with a minimum capacity of 30 gallons, heated electrically or otherwise and tilted toward a capped drain cock shall be provided. The water inlet pipe shall be of removable flexible copper or other tubing approved by the local Board of Health of Toms River Township, with the nozzle for hose connection capped when not being used. A hose for connection to a potable water supply shall be provided and shall be equipped with an approved vacuum breaker and check valve.

§ 537-6 Sink.

A seamless, three-compartment sink, supplied with running hot and cold water, which shall have a swivel faucet, shall be provided and it shall be large enough to accommodate the largest piece of equipment to be cleansed therein.

§ 537-7 Waiver of requirements; special permit.

[Added 8-5-1974 by Ord. No. 6-74]
The requirements of §§ 537-5 and 537-6 may be waived and a special permit is issued by the local Board of Health of the Township of Toms River under the following conditions:
A. 
That the mobile unit is so small as not to allow room enough for the installation of the requirements of §§ 537-5 and 537-6 above.
B. 
That the mobile unit has a home base within the Township of Toms River which meets all legal requirements of the Township of Toms River and which meets all local, County and state sanitary requirements and health laws.
C. 
That the said home-based facility is separate and apart from the normal household facilities if said home base is located in a residence.
D. 
That, prior to the operation of said mobile unit, the operator must apply to the local Board of Health of Toms River Township in order to obtain a special permit to operate under this section, and in order to submit to an inspection of the home-base facilities.

§ 537-8 Hand-wash sink.

A. 
A hand-wash sink, seamless, with running hot and cold water, soap and single-service individual towels or a mechanical hand dryer, shall be provided.
B. 
The hand-wash sink required in Subsection A above shall have a capacity of at least five gallons.
[Added 8-5-1974 by Ord. No. 6-74]

§ 537-9 Waste tank.

A suitable waste tank with an adequate method of gauging the contents and having a capacity at least equal to the capacity of the water supply tank shall be provided and shall be tilted toward a drain cock. It shall be emptied and flushed into a sanitary sewer or septic system as often as necessary in a sanitary manner in order to maintain sanitary conditions.

§ 537-10 Refrigeration.

A mechanical, refrigerated box that shall maintain a temperature of 45° F. or below and equipped with an indicating thermometer shall be provided for various ingredients carried, with metal racks or platforms provided to store ingredients.

§ 537-11 Floors.

Floors shall be of metal or similar approved material and properly sloped to provide proper drainage. Junctures of floor wall and adjoining fixtures shall be watertight and covered.

§ 537-12 Refuse containers.

A refuse container with cover must be available for deposit of papers and other solid wastes by customers and operators and must be so constructed and designed and placed so that it can be readily used, cleaned and kept clean, and located where it will not create a nuisance.

§ 537-13 Lighting.

Mobile units operating after dark shall be well lighted with at least 30 footcandles of light intensity on all working surfaces.

§ 537-14 Posting of instructions.

Notice shall be posted in the service area of the mobile unit with instructions as to proper handling of food materials and containers, proper cleansing of equipment, utensils and appurtenances and proper waste disposal.

§ 537-15 Uniforms.

Persons handling food shall be clothed in clean, washable uniforms, preferably white ones.

§ 537-16 Water supply connection.

A hose and hose connection equipped with a vacuum breaker shall be provided for supplying water to the mobile unit as well as a method of handling the hose for draining to prevent contamination.

§ 537-17 Serving windows.

Serving windows shall be glassed or screened and shall be kept closed at all times except when being used to serve customers.

§ 537-18 Waste storage facilities.

Suitable covered storage facilities or containers shall be provided for all refuse and waste, which must be removed daily.

§ 537-19 Construction materials.

Every mobile unit shall be constructed of such acceptable material as to enable it to be readily cleaned, and equipment shall be installed in such a manner that the unit can be kept clean and food will not become contaminated. The unit or equipment shall be provided with a close-fitting cover where required.

§ 537-20 Water source and temperature.

The water supply shall be adequate, of a safe, sanitary quality, and derived from an approved source. Cold water and hot water, of a temperature not less than 140° F. under pressure, shall be provided in all processing and washing areas.

§ 537-21 Cleaning of equipment.

All residue shall be removed from equipment after use each day, and product contact surfaces shall be sanitized just prior to use each day. Interior surfaces contacted by foods shall be completely disassembled daily for cleansing; however, installations and methods used for cleaning equipment without disassembling same may be utilized by approval of the local Board of Health of Toms River Township.

§ 537-22 Storage of equipment.

After cleaning and sanitizing, all product contact surfaces of equipment and all utensils shall be so stored and handled as to be protected from contamination.

§ 537-23 Violations and penalties.

Any violation of this article shall be punishable by a fine of not less than $25 nor more than $500 for each offense. Each day that a violation shall be permitted to exist shall be deemed a separate and distinct offense.